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HomeMy WebLinkAbout2003-08-19 Planning Board Minutes I TOWN OF NORTH ANDOVER PLANNING BOARD 2 Unapproved Minutes 3 August 19, 2003 4 Regular Meeting 5 6 Members Present: Alberto Angles, Chair, John Simons, Rick Nardella, 7 James Phinney, Associate Member, George White, Vice Chair 8 Members Absent: Felipe Schwarz, Clerk 9 Staff Present: J. Justin Woods, Planning Director, Debbie Wilson, Planning Assistant 10 11 12 Vice Chair called the meeting to order 7:08PM 13 14 Presentations: 15 The Fund for New Urbanism 16 The Planner addressed the board about the Fund for New Urbanism, LLC ("the Company"), which is a 17 land development company organized by Duany Plater-Zyberk & Co., architects and town planners. The 18 Company is institutionally funded and has a staff that includes development, financial, legal and planning 19 professionals. The Company's objective is the profitable application of the principles of the New 20 Urbanism and smart growth. Its mission is the development of real estate projects exemplifying New 21 Urban practice in communities seeking alternatives to suburban sprawl. The Company is initially funded 22 to undertake up to ten such projects. The Company, which was capitalized on November 1, 2002, will (a) 23 acquire control of real property suitable for New Urban development in markets where demand for 24 housing is accompanied by constraints on supply; (b) enhance the value of the property it acquires 25 through planning and by securing site-plan approval; and (c) affect physical development of the enhanced 26 properties in cooperation with those committed to achieving the outcome envisioned by the plans. A 27 package of materials was distributed on this topic at the July 22 meeting. Being institutionally funded and 28 committed to smartgrowth, the Planner thought the Planning Board might consider cultivating a 29 relationship with this organization to potentially lay the groundwork for a public/private partnership in the 30 event someone seeks to develop the +/-170 acres at the Lucent Facility or incase the Board became 31 interested in partnering for a smartgrowth development somewhere else in town. Simons asked if there 32 were any active groups in this area. The Planner stated that Lowell is currently working with the Fund to 33 redevelop some old mill buildings NardeIla asked for clarification of this plan. The Planner explained 34 that the town would be at the design table instead of the review table. Nardella asked if new urbanism 35 was mostly being developed out west where they are building new cities. The Planner said it was being 36 done throughout the country at different scales. Simons added that this has been popular in the greater 37 Washington,DC area also. 38 (Angles arrived at 7:16) 39 Merrimack Valley Development Summit 40 The Planner addressed the board and stated that on August 14, 2003, he attended the Merrimack Valley 41 Economic Development Summit hosted by Congressman Meehan and featuring Governor Romney and 42 former Labor Secretary Reich. The summit consisted of panels on Housing and Real Estate 43 Development, Transportation, Workforce Education, Skills Training and Retention, Access to Capital and 44 Technical Assistance and included speakers from the various public sectors, private businesses and 45 institutions, nongovernmental agencies, academia, and organized labor. There seemed to be an 46 overwhelming consensus that transportation and the high cost of housing are the largest barriers to 47 recruiting new businesses, creating new jobs and developing economies of scale. The form also provided 48 an excellent opportunity to network. The Planner reported some conversations that he had at the summit. 49 The first was with Dennis DiZoglio, Assistant GM and Director of Planning for the MBTA, regarding the 50 possibility of a commuter rail stop in North Andover (This was an idea that John Simons had previously 51 mentioned). The second was with Joe Costanzo, Administrator of the MVRTA, regarding the TMA and 52 bus service to the proposed developments on 114 and regarding a potential transit station at a commuter 53 rail stop. The Planner reported that it was in the Eagle Tribune today that Lucent was being close to cr,ti i I being under agreement. The Planer discussed this with the principal of Ozzi Development at the Summit, 2 who was excited to discuss some of his ideas for the site. Nardella asked about the 52 acres at the airport. 3 He asked the Planner to check this area out and get back to the board. The Planner stated that he would 4 ask the Town Manager. Simons asked about Economic Development in the area. The Planner stated that 5 Heidi Griffin was working on the downtown revitalization project and that she is the primary staff 6 working on Economic Development issues, but that he hoped to be working more closely with her on 7 some projects in the future. 8 9 Continued Public Hearings: 10 919 Great Pond Road-Watershed Special Permit 11 The Planner addressed the board and stated that he researched this project the morning after the last 12 Planning Board meeting and the 25% expansion limitation is not applicable to this project because it is 13 not in the Non-Disturbance Zone. Bob Daley and Mr. Mathis are here regarding this application. Mr. 14 Daley and the planning board members discussed the plans and drainage issues. Nardella asked if they 15 had any thing in regards to run off from the driveway. Simons asked if there would be hay bales in place 16 and Mr. Daley stated affirmative. Simons asked what the requirements are for the non-disturbance in this 17 area. The Planner stated that the non-disturbance is 100 feet. Simons asked if the Chair was satisfied 18 with the plans and he stated affirmative. Phinney asked Mr. Daley to clarify the plans and he did. 19 Nardella asked if the plans were the revised plans and the Planner stated affirmative. 20 21 Nardella made and Simons seconded a motion to grant a Watershed Special Permit to allow for 22 the construction of a 700 square foot two stall garage with great room modifications to floor plan, and 23 the addition of a front deck and enlar ement of the rear deck within the Non-Discharge Zone of the 24 Watershed Protection District. under the re uirements of Section 4.136 & 10.3 of the North Andover 25 Zoning Bylaw, per the conditions drafted bI staff. Discussion none Motion caries 4-0 (White 26 abstained). 27 28 Deliberations: 29 Brooks School—Site Plan Special Permit 30 The Planner stated that public hearing was closed at the last meeting and there is a Draft Decision in their 31 packets. 32 33 Nardella made and Simons seconded a motion to grant a Site Plan Special Permit to allow for the 34 construction of a one-story with mezzanine 50,501 s uare foot athletic facility within the 35 Residential-2 Zoning District under the re uirements of Section 8.3 & 10.3 of the North Andover 36 Zoning Bylaw. Discussion none Motion caries 4-0 White abstained . 37 38 Planning Board Business: 39 Approval of the Minutes August 5'h 40 The Board will review these minutes at their next meeting 41 42 T20PM 43 0 Stiles Street Request to Waive Engineering Review 44 The Planner addressed the board and stated that this is a one-lot subdivision to lie out a paper street and 45 render an existing lot a build-able lot. The public hearing is warned for September 9, 2003, but the 46 Planner thought the Board may want to consider this request prior to the hearing so in the event that the 47 Board does require an outside engineering review, it can be prepared in time for the hearing. Gene Willis 48 addressed the board and stated that he has spoke to Bill Hmurciak and he would like the board to waive 49 the outside consulting fee and have DPW do the review. The Planner stated that he spoke to Jack 50 Sullivan, Engineering Director, who was apprehensive about doing the review, but stated that he would 51 do it if he were instructed to. Nardella has some concerns about DPW not doing a through review. 52 Simons stated that we should not change the standards since it opens up potential for other applicants do 53 ask DPW to do the same. The Chair asked Mr. Willis to direct VHB to state only what is specifically 54 needed. Nardella asked the Planner who reviews the VHB account. The Planner stated that he reviews I the estimates and the Planning Assistant pays the bills. Nardella would like the Planner to ask VHB for a 2 favor and make a quick turn around with a reduced rate. Mr. Willis asked the board to help this process 3 by having the board sign off on some of the conditions. The Planer stated that with all of new Planning 4 business it would be better to have all of the items listed out clearly for the board to review. Mr. Willis 5 would like a meeting with the Planner to clarify what the next step is. The Planner asked him to call the 6 Planning Office for an appointment. 7 8 Long Pasture Subdivision—Berm Construction 9 The Planer addressed the board and stated that court settlement requires that a berm be constructed. This 10 will require a modification to the Subdivision decision. The Planner advised the applicant that Town 11 Counsel and the C&D Director recommend that this modification be made after a public hearing. The 12 applicant picked up a copy of the application and thought it would be beneficial to update the Board on 13 the proposal and file the modification application after having met with the Board. Mr. Crowley stated 14 that he has a final order of conditions from conservation. Mr. Crowley stated that he would like to 15 construct a berm so he can be released by the order of conditions. Simons asked how much would he be 16 clear cutting and Mr. Crowley stated that it would be a clear cut of 4ft. He stated that he has 80,000 tied 17 up in this town and he would just like to put this berm in. Simons asked why the berm was necessary. 18 Mr. Crowley stated that he thought it was because they did not want the forest clear-cut. Simons asked 19 how high the berm is and Mr. Crowley stated approximately 1 112 foot berm. Simons asked the Planner 20 to clarify with the Conservation Board why the berm was required. The board discussed the plans with 21 Mr. Crowley. Nardella asked Mr. Crowley to produce a right of easement to the Planning Board, 22 Nardella would like the Planner to see if an easement is in hand. Nardella would like clarification of the 23 triangle and he would like the Planner to check and see if the triangular parcel was in the initial 24 subdivision that the board approved. The Chair asked if screening would be required if the berm was put 25 in. The Planner stated that he has contacted town counsel for clarification and town counsel stated that it 26 would require a public hearing due to the litigations that have already taken place on this property. 27 Nardella would like to clarify if there is bond money held in the Planning Department. Phinney asked 28 that the Planner go out and look at the area. Nardella would like clarification whether the drainage 29 easement has been built. Mr. Crowley stated that the town has widened Forest Street and the swale 30 would be on the end of the road. Mr. Crowley stated that he has an order of conditions that he would like 31 to fulfill so that he can get his bond money back. Nardella would also like the re-plantings verified by the 32 Planner. Angles stated that further investigation is required by the Planner before the board can make a 33 determination. 34 35 36 Trombly Reafty Corp.—By-Pass Station Property,Rte 125—North Andover MA 37 The Planner addressed the board and stated that this property is zoned GB and Rick Trombly, the owner, 38 would like to discuss potential uses upon redevelopment with the Board. One use mentioned was a car 39 dealership. Mr. Trombly stated that all of the environmental contamination has been cleaned up by 40 Citgo and they have a letter from the EPA stating so. The Planner told him that the Board night want to 41 see a copy of the report with any filing. Steve Webster, Dutton& Garfield, Inc. addressed the board and 42 presented the board with some pictures. Nardella asked when this area was cleaned up and Mr. Webster 43 stated 10 years ago. The Planner requested a letter indicating the area is clean. Nardella asked who they 44 may sell to and it was stated a car dealer or possibly a donut shop. Phinney asked the size of the area. 45 Mr. Webster stated .53 acres. Nardella asked about other uses. Mr. Webster stated they could also do 46 another gas station. Phinney stated that there could be a problem with ingress and egress from the site. 47 Simons stated that a retail or bank might fit with the site. Simons asked if there was any use that might 48 take advantage of foot traffic from the college or the condos. Nardella would like lighting to be taken in 49 consideration since it is in a residential area. The Planner asked about mixed use for the area. Nardella 50 stated the area was too small. Nardella asked if it were tuned back in to a gas station would he have to 51 come before the board. Mr. Webster stated that he was concerned that a Mister Donut would produce a 52 smell in the area. Simons stated that a store would better suit the area than a gas station. Nardella would 53 not like to see a car dealer, pizza shop, gas station or hairdresser. The Chair asked if there is an island in 54 that area. Mr. Webster stated that there was. Phinney stated that he thinks the neighbors would like to -1 I see the area cleaned up. Rick Trombly addressed the board and stated that he has a potential high-end 2 used car lot for this area. Nardella stated that it is not the highest and best use for the area. Simons 3 agreed with Nardella. Mr. Trombly stated that they were reviewing all possibilities at this time, 4 5 Rezoning on Rte. 114 6 Hector Rivera addressed the board regarding the rezoning of his property. His home is located on lot 16, 7 Salem Turnpike, Rte 114. He would like to rezone to General Business. He lives near Boston Market 8 and has been approached by other businesses in the area and he would like to sell his home. Phinney 9 asked if all of the abutters had to be involved and Simons stated that it just had to go to the property line. 10 The Chair stated the entire area would benefit from being zoned commercial for this area. Simons stated I 1 that he should establish a good relationship with his neighbors and see if they will all go for the rezoning. 12 The Planner stated that the lots are too small for anyone to act alone. Nardella stated that all of this area 13 should have been done at the same town as the 114 project. Mr. Rivera asked when the next town 14 meeting was. The Planner stated November. The Planner stated that Bob LaRochelle would stay on to 15 help the residents rezone their property to business. The Chair instructed Mr. Rivera to work with the 16 Planner to obtain any information he needs to pursue this process. The Planner asked if all of the area on 17 both sides should be rezoned. Simons stated that it would be easier to stay focused on the rezoning of this 18 side at this time. 19 20 Lyons Way-Bond Release 21 The Planner addressed the board and indicated that the applicant would like to reduce the bond to 20%, 22 post cash and have the surety bond released. The Planner stated that there would eventually have to be a 23 $12,000 donation to the sidewalk fund, which could be deducted from the cash bond prior to final release. 24 The Planner explained that the applicant is petitioning for street acceptance. All fieldwork is complete 25 and the draft paperwork has been forwarded to Town Counsel. The Town Planner and Town Engineer 26 jointly recommended the proposal. Nardella would like to discuss the issue of building sidewalks vs. the 27 sidewalk fund. 28 29 Nardella motioned, and Simons seconded, that: 30 1) A$14,500 cash performance bond be lodged; 31 2) The $5,000 cash site opening bond be rolled over into the performance bond for a total 32 of$19,500;AND 33 3) When $19,500 cash bond is posted, the Planning_Board_will release the $46,000 sures 34 bond. 35 Discussion none,Motion caries 4-0. 36 37 Toll Brothers-Bond Release 38 The Planner addressed the board regarding the release of the $6,000 performance bond. He stated that 39 this request came in last January, when there was no planner. Nardella stated that the slope was cut and 40 the houses can be seen because more tress was cut down than they should have removed. Simons would 41 like the Planer to take another look at the area. Nardella requested that the Planner bring in a checklist 42 prior to requesting the board to take action on the release of a bond. 43 44 Omnipoint Holdings, Inc. 45 The Planner passed out the press release for the board to review. White read his comments and presented 46 them to the board. Nardella edited the language of the press release for the Planner to re-write. The 47 members decided not to include a quote in the press release. The Planner indicated that he would re-write 48 the release as indicated by the board, 49 50 Planning Board Mail 51 The Planner reviewed the mail, which consisted of mostly routine correspondence and follow-up letters 52 from the last meeting,with the Planning Board. 53 I The Board also discussed how to respond to letters dated August 8 and 10 from Attorney Bornstein to the 2 Browns and from the Browns to the Planner. The Chair reported that Mrs. Brown called him at home 3 regarding her issues with potential lost files from 2002 and VHB reports from 2002. The Chair did not 4 have the records at home, but promised to review them. The Planner distributed copies of the memos 5 Mrs. Brown mentioned to the Chair, The Chair also asked her to deal with the developer directly. 6 Nardella asked the Planner to memorialize what the planning board asked to be done and the fact that 7 Mrs. Brown has refused the final work on her property. Phinney stated that the developer has done 8 everything that the board has requested and Mrs. Brown has refused to complete the process. Nardella 9 requested that this be put on as an agenda item next time and conclude this matter and discuss the 10 response to Mrs. Brown on an open agenda. Nardella stated the detention pond should have been done 11 prior to the buildings being complete. The Chair stated that they waited to see if it was still needed at the 12 site. Nardella stated that he went out to the site after a rainstorm and the area was dry. Nardella would 13 like to see in further decisions that the detention pond be put in on any approvals prior to building the 14 infrastructure. Nardella does not feel that the town should maintain the detention pond since it is a condo. 15 Simons stated that it is done this way on every other one, 16 17 Simons made and White seconded to adjourn 9:5OPM 18 19 �l�