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HomeMy WebLinkAbout2003-08-05 Planning Board Minutes � 4 1 2 TOWN OF NORTH ANDOVER PLANNING BOARD 3 Unapproved Minutes 4 August 5,2003 5 Regular Meeting 6 7 Members Present: Alberto Angles, Chair, John Simons, Rick Nardella, 8 James Phinney, Associate Member, Felipe Schwarz, Clerk 9 Members Absent: George White, 'Vice Chair 10 Staff Present: J. Justin Woods, Planning Director, Debbie Wilson, Planning Assistant 12 1.1 13 Chair called the meeting to order at 7:03PM 14 15 Presentations: 16 17 1.)Transportation Management Associations 18 The Planner introduced Ms. Andrea Leary, River Road Transportation Management Association 19 (RRTMA). She will discuss the enactment of a local transportation management association. The 20 Planner stated that essentially, future site plan decisions could contain a clause that required developers to 21 ensure that their future lessees join the TMA [at minimal costs] and will provide regional transportation to 22 and from the facilities. Andrea Leary addressed the board about the River Road Transportation 23 Management Association. She introduced Cindy Frene who will also offer some input to the board. Ms. 24 Leary stated that there are 13 TMAs in the state and 60 employers in the Andover area who are working 25 together on a variety of transportation issues. She said they are interested in getting more people involved 26 in car-pooling, van pooling or taking public transportation to reduce the use of single occupancy vehicles 27 being driven. Ms. Frene stated that there are 250 employers that are members of the TMA network. 28 Simons asked for an example of a success story. She mentioned Metro West that started in 1972. 29 Shuttles in the town of Natick and Marlboro have received seed money from the state as an incentive. 30 Ms. Frene stated that the TMA is interested in working with Eaglewood. 31 [Phinney arrived 7:09PM] 32 Schwarz asked about River Road. Ms. Leary stated that it has been in existence since 1997. They have 33 an on line ride match up program and an emergency back up ride home if there is an emergency. Angles 34 asked about the fee schedule. The Planner stated that the brochure was provided to the board in their 35 packets. The Planner said that Heidi Griffin has been discussing this with the representatives of the 36 Eaglewood project. Schwarz said that there are some large employers in the Eaglewood area such as 37 Merrimack College and The Tribune. Ms. Frene stated that the Ride Share Regulation states that any 38 work site with more than 200 employees has to report to DEP and have a program in place to reduce the 39 one car commuter. Ms. Leary stated the RRTMA offer incentives for people that utilize this program, 40 Nardella asked if they work with any other Planning boards and Ms. Frene stated yes, Andover, MA. 41 Simons asked how many people carpool at River Road and Ms. Frene responded about 400 cars. 42 Phinney asked how this is monitored and Ms. Leary stated there is a report completed by DEP. Ms. 43 Leary stated that there are six shuttles in Framingham since 1987. The construction of the River Road 44 Bridge almost closed that exit until the employers in the area rallied to keep it open and work with the 45 TMA. The Planner discussed the draft condition drafted by he and Ms. Griffin. The Chair thanked the 46 TMA representatives and stated that he would like some time for the board to review the information and 47 consider how it would be beneficial to North Andover. 48 49 2.) Massachusetts Land Use Reform Act 50 The Planer addressed the board about the Mass Land Use Reform Act. He enclosed in the Planing Board 51 Packets a summary of the Massachusetts Land Use Reform Act (MLURA) and a draft resolution 52 supporting the MLURA. He stated that last. Thursday, July 24, 2003, the Joint Committee on Natural 53 Resources held hearings on the MLURA and the testimony was overwhelmingly in support of this act. I Speakers included Chief Secretary of Commonwealth Development Doug Foy, Bob Ritchie of the 2 Attorney General's office, numerous legislators, land use attorneys, realtors and dozens of municipal 3 planners. The Planner stated that the proposed Zoning and Planning laws are at a critical point in this 4 state and the Romney administration is behind this act. The Planner drafted a resolution for the board to 5 consider along with other communities in the state. The Chair asked what else would the board need to 6 do. The Chair stated that this act is long over due. Schwarz stated that he supports this and concurs with 7 the Planner. The Planner said this act will the town to charge impact fees for roads, schools and also 8 recreation which would provide the town some creative solutions. Schwarz asked if it allows for transfer 9 development rights and the Planner sated yes. Simons made a motion to approve the resolution 10 supporting the Massachusetts Land Use Reform Act, second by Schwarz Discussion none - Motion 11 carries 5-0 The Board members sinned the resolution. 12 13 Continued Public Hearing: 14 15 3. Brooks School--Site Plan Special Permit 16 The Planner addressed the board and explained the brief history of this applicant and the fact that they had 17 previously received a site plan special permit, but it had expired and they are reapplying with a similar, 18 but down sized project, John Scott, RFS and Bob Peterson, Architect is present to discuss this project. 19 Mr. Scott stated that early this year the school decided to improve the campus by constructing a new 20 athletic facility. He discussed the parking study and feels there is ample parking at the school. They are 21 looking for a parking waiver and request a waiver so that they do not have to a complete a boundary 22 survey of the 160 acres. Nardella asked if the board could take a look at the old plans to see what changes 23 are being made to the current plans. Mr. Scott said that they did not bring any of the former paperwork 24 with them. Nardella asked if there would be ample parking spaces. Mr. Scott stated that the parking is 25 the same as last time and the board had approved it. Mr. Scott stated that the permit had just expired and 26 they would like this down sized project to go forward. Mr. Scott stated that sprinkler systems would be 27 installed in the rink. The Chair stated that it appears that most of the building structure appears the same 28 as the last project submitted. Simons asked to see the building elevation. Mr. Scott presented it to the 29 board. Mr. Peterson discussed the plans with the board. The Chair asked where the elevations were and 30 Mr. Peterson showed the board on the plans to their satisfaction. The Planner stated that VHB has 31 identified a half a dozen technical comments on drainage and RFS is agreeable to the above 32 recommendations. The Planner stated that VHB is satisfied with the proposed design and recommends 33 that no further engineering review is needed at this time. 34 Schwarz made a motion to close the public hearing for Brooks School, Site Plan Special Permit, 35 second by Nardella Discussion None Motion carries 5-0 36 37 New Public Hearing: 38 39 4.1919 Great Pond Road-Watershed_Special Permit 40 The Planner addressed the board and stated that this is a residential modification. Bob Daley stated he is 41 here from Merrimack Engineering Services to speak on Mr. Mathis behalf The Planner stated that VHB 42 had a few comments that have been addressed and the applicant has provided the elevations as requested. 43 Mr. Daley stated that this is a single family home and they are adding a garage and great room addition. 44 Mr. Daley stated that they are outside the 100-foot wetland buffer zone. He stated that the lot was created 45 in 1963. Nardella asked the size of the addition and it was stated that is approximately 600 sq ft. Simons 46 stated that there is more than a 25%increase in the size of the home and the applicant would need to go to 47 ZBA. The Planner stated that per the bylaw, the applicant could count the finished basement in the gross 48 floor area totals. The Planner recommends that the applicant calculate the actual numbers and see if they 49 fall within the bylaws. Motion by Schwarz to continue to the August 19th meeting, second by Simons 50 Discussion none Motion carries 5-0 51 52 Planning Board Business: 53 54 5.) Heritage Estates—Reauest for Release of Site Opening Bond 51 I The Planner addressed the board and explained that Mr. David Kindred has requested the Board release 2 the $10,000 site-opening bond for this project. The Board has $86,000 in cash to bond the remainder of 3 the subdivision, which is virtually complete. The Planner stated that Mr. Kindred was not present, but he 4 did submit his request in writing. The Planner stated that once the developer petitions Town Meeting for 5 acceptance of the road, the Board can entertain his request for final release of security, while maintaining 6 10% ($42,620) until the road is conveyed. Nardella made a motion to release the $10,000 site- 7 opening bond while retaining the $86,000 subdivision bond, second by Simons. Discussion: Nardella 8 asked if the Planner had all of the required paperwork. The Planner stated affirmative. Nardella asked the 9 Planner to check the drainage to be sure it is not ponding. Motion carries 5-0 10 11 6. 73 Rear Main Street Re nest for Waiver of Site Plan Review 12 The Planner addressed the board and explained that the applicant, Mr. Robert Frost, with written 13 pern fission from the owner, Mr. Paul Dedoglou, is requesting a waiver from site plan review for an 14 allowed use in the GB Zoning District. The Planner told the Building Inspector that site plan review was 15 not triggered by this change, but the Building Commissioner felt that the change of use did require 16 Planning Board sign off. Adequate parking exists for the proposal as outlined by Mr. Frost. Mr. Frost 17 addressed the board and stated that he would like to make pound cakes and fruitcakes and sell these items 18 to stores, not to the public. Simons stated that this would be acceptable as long as it is wholesale and not 19 retail. Schwarz stated that that the letter mentions that it is a wholesale bakery. Nardella motioned to 20 find that, on the basis of the Applicant's written request dated July 29, 2003, in accordance with 21 section 8.3 (2)(c) of the Zoning Bylaw, that change in use to a wholesale bakery will not have a 22 significant impact within the site or in relation to adjacent properties and streets; on pedestrian and 23 vehicular traffic; public services and infrastructure; environmental, unique and historic resources; 24 abutting properties; or community needs, and hereby GRANT to waive the site plan review. 2"d by 25 Schwarz Discussion: none Motion carries 5-0 26 27 7.) 10 Commerce Way—Plan Endorsement 28 The Planner stated the 10 Commerce Way plans are in order for the board to endorse. He stated that Mr. 29 Grasso posted the bond and submitted the elevation plans before the meeting and the Planner 30 recommends endorsing the plans. The Planning board endorsed the plans 31 32 8. 383 Johnson Street--Lot 1 Watershed modification 33 The Planner addressed the board and explained that Mr. Joe Pelich is seeking to expand the approved 2- 34 stall 24x24 garage and replace it with a 3-stall 24x34 garage as well as construct a breezeway attaching 35 the garage to the back door of the existing house. Additionally, the applicant would like to eliminate the 36 approved driveway on Johnson Street and construct a smaller driveway off of Lisa Lane. The net 37 reduction of impervious surface is 1300sf. The Planner stated that he does have the authority to approve 38 minor changes under condition 1(b) of the decision, but would like to have some input from the Board 39 members before malting this decision as the structure is expanding. The Planner stated that a draft 40 approval of the minor modification is here for the board. Nardella asked the applicant, Mr. Pelich to 41 clarify if the driveway would be off of Lisa Lane. Mr. Pelich said yes the driveway would be on Lisa 42 Lane instead of Johnson Street. Mr. Pelich asked if any further minor modifications made to the 43 additional lots would require that he appear before the board again. The Planner stated that he should 44 bring his questions into him and he would clarify any questions he may have. Nardella made a motion 45 that the planning board finds that the modification changes made to Lot 1 be deemed minor in 46 nature and approve the watershed modification, second by Simons. Discussion none: Motion carries 47 5-0 48 49 9. Chatham Crossin 50 Attorney Bornstein stated that the loose ends have been tied up. He stated that his client is willing to 51 work with the Browns to compete their drainage issue and conclude this work within two weeps of 52 receiving the temporary easement authorization from Mrs. Brown.. Attorney Bornstein stated that his 53 client has authorized him to work with and speak on the behalf of his client. Mrs. Brown said she had 54 not seen the authorization and Attorney Bornstein presented it to her. Nardella asked if they are willing to . q I do what the town engineer requested and Attorney Bornstein said that he would do what is requested. 2 Schwarz asked why the agreement came in today when the board had been asking for a resolution for 3 quite some time and all of a sudden it was going to get down in two weeks. Attorney Bornstein said he 4 would agree to the July 3rd memo. Attorney Bornstein stated that his client has authorized the attorney to 5 accept a list from the Browns and hopefully resolve this in the form of a neighbor-to-neighbor resolution. 6 Mrs. Brown addressed the board and stated that she has not been given any memo or been involved in 7 any decisions in regard to a resolution. She stated that she has not received a call from anyone to update 8 her. The Planner stated that the four people including the town engineer,Mr. Korvas and the Planner 9 spoke to Mrs. Brown to discuss the options in grading. The Chair stated this was discussed at the last 10 meeting. Nardella read the minutes of July 8"'to clarify that there has been on going discussions and Mrs. 11 Brown has been involved in these discussions. Mrs. Brown stated the there was supposed to be a 12 meeting with all of the abutters and it never took place. Nardella stated that there is a solution that is 13 before the board and he would Iike Mrs. Brown to sit down and go over everything with the Planner. The 14 Chair stated that Mrs. Brown should make a list of outstanding items and present them to Attorney 15 Bornstein. Mrs. Brown would like to see a plan and The Chair requested one be provided to Mrs. 16 Brown. The Planner stated that he would update the board of the progress prior to the next board 17 meeting. Mr. Korvas addressed the board and explained that there is another issue he would like to 18 mention to the board regarding the detention area at the entrance to the site. There is an underground, 19 concrete vault and the applicant would like to get rid of He further stated that DPW would like it 20 removed. Nardella would like the Planner to review the decision and clarify who is responsible for 21 maintaining this. The Chair also concurred that DPW would like to get rid of this structure. The 22 applicant would like to eliminate the detention basin and put a conventional detention basin in its place. 23 The Planner stated that this proposal would require a public hearing and notification to the abutters. 24 25 10.)Executive_Session-Omnipoint Holdings,Inc. 26 27 Simons voted to o in to executive session to discuss pendina liti ation at 8:50PM 2"d by Nardella 28 Discussion None Roll call vote: Simons affirmative Nardella affirmative Schwarz affirmative 29 Phinney affirmative,Andes affirmative Motion carries 5-0 30 31 Nardella voted to Vo out of executive session at 9:07PM 2"d by Simons Discussion None Roll call 32 vote: Simons affirmative Nardella affirmative Schwarz affirmative Phinney affirmative An les 33 affirmative Motion carries 5-0 34 35 11.)Approval of the Minutes May 20 June 3, .duly 8,July 22 36 37 Nardella made a motion to approve the May 20th"Rd June 3'd minutes as written, second by Simons 38 Discussion none Motion carries 5-0 39 40 Nardella made a motion to approve the July 81h minutes with amendments,second by Simons 41 Motion carries 5-0 42 43 Nardella made a motion to approve July 22"d as written,second by Schwarz Discussion none Motion 44 carries 4-0 Simons abstained. 45 Debbie Wilson, Planning Assistant requested that all of the minute modifications be sent on one email to 46 clarify the changes that need to be made. Schwarz, Planning Board Clerk agreed to have board member 47 changes funneled through him and then he will forward them back to the Planning Assistant. 48 49 12.)Planning Board Mail 50 The Planner addressed the board about the mail and stated that he will prepare a memo for the board 51 meetings to outline the mail received by the board. 52 53 Adjournment 54 Nardella motion to adjourn at 9:22pm, second by Phinney Discussion none Motion carries 5-0