HomeMy WebLinkAbout2003-07-22 Planning Board Minutes 2 North Andover Planning Board "Roo W[r 01i
3 Unapproved Minutes
4 July 22,2003 A Pit
5 Regular Meeting
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7 Members Present: Chair Alberto Angles,Vice Chair George White, Clerk Felipe Schwarz
8 Rick Nardella
9 Members Absent: John Simons,James Phinney
10 Staff Present: J.Justin Woods,Planning Director
11 Others Present: See Attached List
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13 The Chair called meeting to order 7:06PM [Chair,Clerk and Mr.Nardella present]
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15 Discussion Items:
16 1) 701 Salem Street
17 J&M Country Stores is requesting a waiver from site plan review to open a take-out pizza/sub shop at 701
18 Salem Street in the unit formerly occupied by the Champion Factory. Condition 5 of the Site Plan
19 approval dated January 13, 1997 states that "Sufficient parking does not exist for a restaurant. The
20 parking calculations are based upon retail and office space and a delicatessen. Any changes to these
21 proposed uses must come back before the Planning Board for review and may require a modification to
22 the site plan review." The use is allowed in the GB zoning district so the Board must determine whether
23 or not the proposed use warrants a site plan modification or if the existing parking plan is adequate. The
24 approved plans contained the following parking calculations: 5 spaces(5400sf)/1000sf=26 + 14 spaces
25 for the deli and bank for a total of 41 spaces. 42 spaces were provided consisting of 25 standard spaces,
26 15 compact spaces, and 2 handicap spaces. Per the Building Commissioner, the proposed pizza parlor will
27 need 15 spaces/1000sf. Therefore the parking calculations would require a total of 51 spaces: [14 spaces
28 for the deli and bank] + [5 spaces(4400sf)/1000sf=22 spaces] + [15 spaces(I 000sf)/I 000sf=15 spaces],
29 The site is short 9 spaces that would be required. Mr. Jim Xenakis represented John and Michael
30 Xenakis. Mr. Xenakis stated that a pizza store will be busiest during the evening hours, when the other
31 businesses are closed or slow and will therefore not have a significant impact on other property. They are
32 not proposing to acid trash receptacles, change the lighting, or add any new parking. There are not
33 currently any parking problems and Mr. Xenakis proposed that he could move employee parking from the
34 side to the rear. Mr. Xenakis stressed that there will not be any seating or facilities for in store eating in
35 the pizza parlor. Mr. Xenakis submitted a letter of support from Mr. Paul Ciesielski, an abutter. Mr.
36 Schwarz asked why employees currently park on the side rather than in the back, Mr. Xenakis stated that
37 parking has never had a problem, The Chair asked the hours of operations of the other building. J&M
38 closes at 9:00 and the dry cleaning closes at 7:00. The pizza parlor would be open from I t:OOAM to
39 9:OOPM. Mr. Matthew Xenakis stated that they did not anticipate doing a busy lunch business. He also
40 noted that there were 2 extra parking spaces provided. The Chair asked about rubbish disposal. Mr. Jim
41 Xenakis stated that most food prep will be similar to what is already produced on site and the current
42 receptacles are adequate to handle the trash that will be produced. Mr. Nardella stated that our bylaw
43 does not differentiate between takeout and sit down restaurants as some other cities and towns do. Mr.
44 Nardella asked if they can force all deliveries and employee parking to the rear of the building. Mr. Jim
45 Xenakis stated yes. Mr. Nardella asked about the hours of operation of Dunkin Donuts. Mr. Jim Xenakis
46 said that they open at 6:OOAM and close at 9:OOPM. Ms. Alison Lescarbeau, 68 Laconia Circle, spoke
47 in favor of the proposal and said that in five years, she has never failed to acquire a parking space. Mr.
48 Matthew Xenakis asked if it wouldi.
' be ok to cut back curbing to improve the turn radius. M . Nardella
49 stated that is an issue that would be reviewed during a site plan review process. Mr. Nardella asked the
50 Planner about the waiver and the modification processes. The Planner stated that conditions cannot be
51 attached to a waiver of site plan approval and that there is not a mechanism in the decision for staff
52 approval of minor changes. Mr. Nardella asked the Planner how soon we could have a public hearing.
53 The Planner stated that this could be on the agenda on September 9, 2003.
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Unapproved Planning Board Minutes July 22, 2003
Page 2 of 4
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2 [Mr.White entered at 7:36]
3 Nardella stated that they have never waived site plan review when the change in use required more than 5
4 more spaces. There was some discussion about when an application would need to be submitted to get on
5 the Board's agenda. Mr. Jim Xenakis asked about conditioning the waiver. The Planner advised the
6 Board against conditioning a waiver and to either grant the waiver or require a site plan modification
7 hearing. Mr. Nardella asked the Planner to consult Town Counsel about the legality of conditioning a
8 waiver. The Planner stated that if the request was framed in a way that outlined the proposal with the
9 specific elements the Board was looking for, than the Board may consider granting the waiver. Mr.
10 Xenakis stated that he could produce the document in the next few minutes. The Chair stated that the
11 Board would table this discussion until later in the meeting.
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13 The Chair noted that two public hearings were continued until 7:30 and therefore, the Board would
14 proceed to the public hearings and resume the discussion items afterwards.
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16 Continued Public Hearings:
17 2) Brooks School Site Plan Special Permit
18 The applicant submitted responses to VHB's initial review, which resulted in a second review consisting
19 of 9 pages of comments that primarily focused on engineering, drainage and infiltration issues. The
20 Applicant has requested a continuance to respond to the engineering issues. Mr. Schwarz motioned to
21 continue the public hearing to 7:30PM at the regularly scheduled board on August 5 2003. 2nd b
22 Mr. Nardella. Discussion: None. Motion carried 4-0.
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24 3) 500 Great Pond Road North Andover Country Club.:Watershed Special Permit
25 The Planner briefed the Board on issues remaining from the last meeting. First, at the suggestion of the
26 Community Development Director, the Board asked the Planner to review the proposal with the Fire
27 Department. The Planner reported that he and Tom Childs, NACC, had reviewed the plans with and
28 provided a list of chemicals to Chief Dolan and Lt. Melnikas, Fire Prevention Officer. Lt. Melnikas
29 produced a memo stating that the North Andover Fire Department does not have any safety concerns with
30 the proposal. Second,the applicant needed to submit written requests for the waivers needed as identified
31 by VHB and the Planner. The Planner reported that the written requests have been submitted. The
32 Planner introduced Mr. John Bresnahan, IPM Specialist of Turfgrass Environmental Consultants,
33 who was present on behalf of the applicant. Mr. Bresnahan stated that he did not have anything to add,
34 but was present to answer any additional questions the Board may have. Hearing no further questions, the
35 Chair asked for a motion to close the public hearing. Mr. White motioned to close the public hearing
36 on the North Andover Country Club Watershed Special Permit. 2nd by Mr. Schwarz. Discussion:
37 None. Motion carried 4-0.
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39 Deliberations:
40 4) 500 Great Pond Road North Andover Country Club Watershed Special Permit Deliberations
41 The Chair noted that a special permit had been drafted and asked the Planner to surnmarize the permit.
42 The Planner explained that standard findings had been expanded to more accurately depict the conditions
43 of the project. Mr. Nardella noted the IPM listed in Condition 1(b) should have a plan date and that the
44 numbering needed to be fixed in the first set of Findings. Mr.Nardella motioned to grant a Watershed
45 Special Permit to allow for the construction of a bathroom within and a 340 square foot addition to
46 the existing garage,related site improvements and landscaping AND the installation of a 128 square
47 foot self contained chemical storage facility within the Residential-1 Zoning District and the Non-
48 Disturbance Zone of the Watershed Protection District under the re uirements of Section 4.135 &
49 10.3 of the North Andover Zoning Bylaw, as drafted by the Planner with the amendments noted
"d
50 above. 2by Mr.White. Discussion: None. Motion carried 4-0.
Unapproved Planning Board Minutes July 22, 2003
Page 3 of 4
1 Additional Discussion Items:
2 5) Peachtree
3 Ms. Wendy Gale, 30 Jay Road, requested that she be placed on the agenda to request the board to
4 reverse its decision to modify the hours of operation and maintain the 8:00am start time. The Planner
5 reported that the minutes from the Peachtree hearings did not show any discussion regarding hours of
6 operation. In the file there was a letter dated 12/12/02 from Ms. Gale requesting that the Board limit
7 work hours between B:OOam and 4:00pm. Mr. Dave Gale stated that he works as a musician and gets
8 home late and he would like to get more sleep. Mr. & Mrs. Gale explained their noise concerns. Mr.
9 Nardella stated that construction times always begin at 7:OOAM. Brian Darcy, Peachtree LLC, and
10 Tom Sawyer,ARCO Excavators, were present on behalf of the developers but did not speak. The Chair
1 i stated that there was a condition in the decision allowing minor modifications without a public hearing.
12 The Chair stated that he is sensitive to the interruption, but that interruption will be temporary. Mr.
13 Schwarz stated that the police do a very good job of enforcing the start time. Mr. White is also
14 sympathetic to the sounds of construction, but that the Board does its best to balance the competing
15 interests of developers and homeowners. The Chair stated that the Board took action on this matter
16 at its last meeting and not hearing a motion otherwise,then that action stands.
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18 6) Chatham Crossin
19 The Planner reported that on July 10, 2003, Attorney Don Borenstein suggested that his client may be
20 willing to agree to make the modifications outlined by the Town Engineer and the Planner if they could
21 get this off of the Planning Board's agenda and leave the parties to fight out any other issues in civil
22 court. Attorney Borenstein stated that he would recommend that his client agree to this and authorize the
23 final grading and installation of the surface drain. Mr. Cormier is out of town and Attorney Borenstein
24 has not heard back from him. Mr. and Mrs. Brown and Mr. Dan Koravos are also out on vacation this
25 week. The Chair stated that the Board will hopefully conclude this discussion at its next meeting.
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27 7) Jared IV Subdivision Bonds
28 The Planner reported that Town Counsel has been in trial and has not yet had an opportunity to review the
29 materials the Planner sent him prior to the last meeting. However, the Planner has drafted a letter and is
30 resending the documents to him to review. The Planner also reported making contact with Mr. Janusz
31 last Friday afternoon. Mr. Janusz indicated that he intends to complete the road but has been waiting for
32 the Northeast Pipeline project to finish. The Planner confirmed that Mr. Janusz stated this in a letter to
33 the Town Manager last year. The Planner sent Mr. Janusz DPW's punch list and will be meeting with
34 him shortly. Schwarz asked if the Tot-Lot and parking facilities are conflicting with the pipeline project
35 and asked the Planner to work with the Conservation Administrator to look into whether or not there are
36 public access issues over the pipeline. The Chair would like the Planner to work with the DPW,
37 Conservation and the developer to work out a schedule for completion in view of the pipeline
38 schedule and any other modifications that may become necessary due to the pipeline project.
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40 8) 701 Salem Street Continued
41 Mr.Jim Xenakis submitted a new request for waiver of site plan review. The Clerk read the request for
42 site plan waiver into the record. Nardella noted that this plan is in the spirit of the Master Plan, which
43 calls for varied services in the out country. Mr. Nardella motioned to find that, on the basis of the
44 Applicant's written request dated July 10,2003,modified written request dated July 22,2003, and
45 the floor Plan Titled J & M Pizza drawn by R.J. Kalustian and dated January 23 2003 in
46 accordance with Section 8.3(2)(c) of the Zoning Bylaw, that change in use will not have a significant
47 impact within the site or in relation to adjacent proverties and streets,• on pedestrian and vehicular
48 traffic,• public services and infrastructure; environmental unique and historic resources; abuttin
49 properties• or community needs and hereby GRANT a waiver of site plan review. 2nd by Mr.
50 ,Schwarz. Discussion: None. Motion carried 4-0.
Unapproved Planning Board Minutes July 22, 2003
Page 4 of 4
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2 9) Approval of the Minutes 5120103, 613/03, 7/8/03
3 The Chair asked the Planner to have the Planning Assistant finalize the draft minutes from July 8, 2003,
4 and resend all of the minutes that have not yet been approved together, which the Board will review at its
5 next meeting.
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7 Other Business:
8
9 10) Density and New Urbanist Articles 1 Fund for New Urbanism
10 The Planner noted that there were two articles in the Board members packages that were provided by Mr.
11 Simons. To follow up practical applications of these concepts in town, the Planner provided the Board
12 information on the Fund for New Urbanism, which he asked the Board to review in preparation for a
13 discussion of some ideas at a later date.
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15 11) Massachusetts Land Use Reform Act
16 The Planner reported the Massachusetts Land Use Reform Act (MLURA) will receive its first public
17 hearing on July 24`h at 10 AM in room A-2 at the State House before the Joint Committee on Natural
18 Resources and Agriculture and invited interested Board members to attend the hearing with him. The
19 Planner explained that according to the American Planning Association, Massachusetts has some of the
20 most outdated and ineffective land use statutes in the country if the proposed law is passed, it will bring
21 Massachusetts' land use laws into the 21" century by statutorily Iinking planning and zoning and giving
22 Master Plans legal status as it is done in other states. The Planner added that this legislation has strong
23 support from the Coalition for Zoning Reform, which includes the Massachusetts Association of
24 Conservation Administrators, Massachusetts Association of Planning Directors, Massachusetts
25 Association of Regional Planning Agencies, Massachusetts Federation of Planning and Appeals Boards,
26 Massachusetts Municipal Association, numerous individual Regional Planning Agencies and over 55
27 Municipal Boards including Planning Boards, Zoning Boards, Conservation Commissions, and Boards of
28 Selectmen and City Councils. The Planner stated that he would email out a summary of the proposed act
29 as well as links to the entire text and the Coalition for Zoning Reform website. The Planner asked the
30 Board members to review the MLURA and consider adoption a resolution supporting the act and joining
31 the coalition at its next meeting.
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33 12) Planning Board Mail
34 The Board reviewed its mail,which consisted of a letter dated July 10, 2003 from the President of
35 Northmark Bank to the Town Manager regarding the Eaglewood project, a letter dated July 10,2003 from
36 Mass Highway to MEPA regarding the Eaglewood project,and a letter dated July 11, 2003 from the
37 Planner to Mr. Graydon McCormick responding to a request for public documents.
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39 13) Foxwoods
40 Mr. Nardella stated that DPW is reconstructing a median island that was waived by the Board and
41 installing streetlights that the Board did not require. The Chair asked the Planner what role the Board
42 should be playing in this process. The Planner stated that it was his understanding that the work being
43 done was being done by DPW with bond money as a result of a settlement between the parties.
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45 Mr. White motioned to adjourn 2°d by Mr. Schwarz. Discussion: None. Motion carried 4-0.
46 Meeting Adjourned 8:45PM,
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