HomeMy WebLinkAbout2003-09-09 Planning Board Minutes I North Andover Planning Board
2 Unapproved Minutes
3 September 9, 2003
4 Regular Meeting
5
6 Members Present: Alberto Angles,Chair,and George White,Vice Chair, Rick Nardella
7 James Phinney,Associate Member,Felipe Schwarz, Clerk
8 Members Absent: John Simons
9 Staff Present: J. Justin Woods,Planning Director,Debbie Wilson, Planning Assistant
10 Heidi Griffin Community Development Director
11
12 The Chair opened the meeting at 7:05pm
13
14 Peachtree
15 Mr. Laudani has requested to modify the Open Space Entity. The Planner stated that the Applicant requested
16 that this item be taken out of order at the beginning of the hearing because they have another meeting at 7:30.
17 Mr.Laudani addressed the board regarding the open space parcels Parcel A should that should have been
18 subdivided as parcel Al.Attorney Scott Masse representing Peachtree and Mr. Laudani addressed the board
19 and presented plans for their review. Mr.Masse stated that Mr. Laudani would like approval of the entity.
20 Ms. Griffin reviewed the plans and indicated that it is an ANR plan. Rea Family Preservation Trust was written
21 on the plans. The Chair and the board members concurred that the Planner can sign this ANR form. Nardella
22 motioned to that allow the Town Planner to approve the new entity as stated on the new ANR as
23 submitted second Schwarz Discussion none 4-0 Motioned carries 4-0
24
25 Presentation:
26
27 North Andover Fire Response Information Map Project
28 Chief Dolan addressed the board regarding the fire response information-mapping project. A component of
29 this project was to name all of the ponds in town. Chief Dolan is requesting that the Planning Board and the
30 Conservation Commission both approve resolutions supporting the pond naming effort so that pond names can
31 be included on all future town generated maps. Chief Dolan confirmed that he had reviewed the names with
32 the Historic Society to ensure that historic names were used wherever possible. The Chief presented the board
33 with plans to review so the board could see where the water sources are located to help extinguish a fire.
34 Steve Sampson from Troup 81 and Jared from the Merrimack Valley Planning Commission introduced
35 themselves to the board. They have identified the areas that would help the community(Southern Section of
36 town)this would be the pilot project. It would identify how where and when the water sources could be
37 located. The chair asked if there were other communities doing this. He stated affirmative. Chief Dolan
38 indicated that Boxford has shown an interest. Steve Sampson addressed the board and discussed how
39 beneficial this would be to have this system for locating pond locations. Sampson stated that the scouts
40 verified the pond names and where possible used the historical names to identify the ponds. Nardella asked if
41 the ponds are they deep enough and will there be enough water in them in the summer, Sampson stated that
42 there is enough water in the summer.Nardella asked if there would be enough hose to reach the ponds. The
43 Chief stated that there would be as long as they could identify the ponds and there direct contact to them. The
44 Planner stated that the goal is to provide this information on a disc to show where the water resources were so
45 that other stationshowns could locate them. Nardella asked when they would be monitoring the pond depth.
46 Mr.Sampson stated that they had seen the ponds last summer in the drought and this summer with the rain to
47 get a minimum and maximum depth. White asked if GPS was involved in this at all. Chief Dolan stated
48 affirmative. Sampson stated that this is only a prototype and it would be great to invest some money into this
49 goal. Jared stated that this would not only be used for the fire department,but it would help all of Community
50 Development. Jared indicated that GIS is being formatted to include parcel information. The Chair asked
51 about funding mechanisms and what may be out there. Jared stated that he would check in to this and he
52 would speak with the Planner about future grant possibilities. The board thanked the gentlemen for showing
53 them this program,
54
55 The Chair opened the Public Hearing at 7:40pm
56
I New Public Hearings:
2
3 Little Professionals—Site Plan Review Special Permit
4
5 Karl Dubay,MHF Designs addressed the board and indicated that the Applicant is seeking a permit to
6 redevelop the property from an existing contractor's garage and yard and residence to a daycare facility,
7 including a new 12,100sf building,utilities,landscaping and parking. Mr.Dubay stated that a variance and
8 special permit were granted allowing relief from the setbacks on Turnpike and Sharpener's Pond Road. James
9 Richards introduced himself to the board. He stated that they own two other day care facilities in the area and
10 the children range from 0-6 years of age. Mr.Dubay showed the plans to the Planning board and stated that
11 they would like to update the house and put the parking outback. The Chair asked Mr. Dubay to clarify the
12 area of the building. He stated that the building is near the sign that says,"Welcome to North Andover".
13 Phinntney asked how large the building was and it was stated that it is approximately 12,000 SF. They are
14 proposing to seed the gravel the front area instead of just gravel in the front of the area. Mr.Dubay indicated
15 that safety has been addressed by alarming the entrance and having a small entrance way. Mr.Dubay stated
16 that they would be installing a wooden guardrail for additional protection. Schwarz asked who requested the
17 guardrail and Mr. Dubay stated the zoning department. Schwarz stated that the Planning board and not the
18 Zoning Board should determine the issuance of the guardrail and the tree screening. Mr. Dubay stated that
19 there are no wetlands on the site. The Planner stated that all of VHB's engineering comments on drainage and
20 traffic have been addressed,but we are still waiting for the plans to be revised to show that the modifications
21 have been made. The Planner stated that VHB strongly recommends that the applicant continue to pursue the
22 implementation of a right turn lane at the intersection of Sharpeners Pond Road and Route 114. Mr.Dubay
23 stated that they had a traffic study to determine the traffic for the area. The Planner stated that should the right
24 turn lane not be constructed,for whatever reason,the traffic queue resulting from both the Meadow's
25 development and the proposed Little Professional's development has the potential to block the access to and
26 from the Little Professional's driveway. The Planner stated that Mass Highway has the ability to permit(or
27 deny)the construction of this turn lane. The Chair asked what Mass Highway had to say about this project.
28 Mr.Dubay stated that they are willing to work with Mass Highway to resolve any issues they may have. The
29 Planner stated that the Board may also want to suggest sidewalks with a grass buffer and street tress along
30 Sharpeners Pond Road and Route 114 and a crosswalk to provide pedestrian connections to the Meadows
31 project. A copy of the Meadows site plan was offered to the board at the meeting. Schwarz asked how many
32 buses could fit in the parking area. Mr.Dubay stated that it would.only be one full size bus and it will not
33 stick out in to the right of way. Schwarz asked how the building would be serviced and if there was a full size
34 kitchen. Mr.Richards stated that it is not a full kitchen. Nardella questioned the bus entrance since he felt
35 that it should be moved over. Nardella asked where the drop off would be. Mr.Dubay stated that there is no
36 drop off since you must park and sign in each child. Nardella asked how many children the facility would hold
37 and Mr. Richards stated 175,but realistically 160. Nardella asked if there were any other options for parking
38 and how many employees would be working here.Mr.Richards stated approximately 20 employees.Nardella
39 stated he was concerned with the peak parking and White concurred. Schwarz indicated that he drops his own
40 child off three times a week and he does not feel this will be a problem. Nardella is not comfortable with the
41 parking and traffic flow. Nardella stated that he is not comfortable with back-to-back parking. Nardella would
42 like the applicant to give more consideration to the parking area to enhance safety.Nardella asked if the staff
43 parking could be designated. Mr.Richards said he does not want to have an area specifically designated for
44 employee parking.Nardella asked where the dumpster would be stored. Mr.Dubay stated that it would be
45 stored in the rear of the building. Nardella asked where the snow would be placed. Mr. Dubay was not sure
46 where the snow would be placed. Nardella would like a provision for snow removal since none is stated on the
47 plans. The Chair asked where the sign would be located. Mr.Dubay indicated that it was on the site plan and
48 conforms to zoning.White asked about lighting. Mr.Dubay stated that is was indicated on the last page of
49 the plans. Schwarz asked how wide the sidewalk was. Mr.Dubay stated it was a four-foot sidewalk.
50 Nardella asked who took care of the sidewalks and emergency exits during the snowstorms. Mr. Richards
51 stated that the employees would do it. Nardella stated that the design of the building was excellent. The Chair
52 asked about the topography over the septic system. Mr.Dubay indicated that he was estimates the grading to
53 approximately 146'to 154'. Mr. Dubay will work with staff to clarify any details needed.Nardella asked how
54 long it would take to build the building. Mr.Richards stated approximately 6-8 months. Angles asked why
55 they are applying to Planning now when they went through zoning in April? Mr.Dubay indicated that there
56 were many processes through the zoning board and they were also going through the TRC process. The Chair
57 stated some things the applicant should take a look at such as to move the primary access to dissipate the
58 queuing. Look in to putting in a sidewalk in the front. The Chair would like the trees to stay.Nardella asked
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I to clarify the landscaping berm. Karl Dubay stated that is 2-4 fest high. The Chair also would like the
2 applicant to look at staggering the parking and adding snow removal areas. Schwarz motioned to continue
3 the public hearingon Little Professionals Site Plan Special Permit second b White Discussion none 4-0
4 Motioned carries 4-0
5
6
7 158 Coachman's lane—Watershed Special Permit
8 Bob Dailey,Arthur Watson and Dean Boudrea introduced themselves to the board. The Planner stated that
9 the applicant seek permits to construct an 18'x 22'family room addition with an 18 x 13 porch at first floor
10 level in the Non-Disturbance Zone of the Watershed Protection District. Bob Dailey stated that he has
11 provided calculations of the existing and proposed gross floor areas and has determined that the proposed
12 additions account for a 22%increase in gross floor area. He stated the erosion controls would allow for
13 construction equipment to enter the area. Nardella asked if they were limited to the 25%for the area. The
14 Planner indicated that this is at 22%. The Plamner stated that as long as the deck was not heated it did not
15 count as living space. The applicant's engineer confirmed that this area was excluded because it is a non-
16 heated living space. The Planner stated that he prepared a draft decision that is included in the packet.
17 Nardella Motioned to close the Public hearing on 158 Coachman's Lane Watershed Special Permit
18 second by Schwarz Discussion:None Motion carries 5-0
19
20 Nardella Motioned to approve 158 Coachman's Lane Watershed Special Permit second b-v Schwarz
21 Discussion:None Motion carries 5-0
22
23 0 Stiles Street—Definitive Subdivision
24 The Planner addressed the board regarding a very productive meeting with Mr. Willis on August 27't'at which
25 time he presented evidence that Stiles Street is a public way. Additionally,Mr.Willis and the Planner
26 reviewed the requirements for a submittal and the waiver that Mr. Willis would need to request. Don
27 Bornstein,Gene Willis and Tim Willis introduced themselves to the board. Mr.Willis submitted a revised
28 site plan for the proposed layout and lot as well a list of requested waivers. The application and revised plans
29 were forwarded to VHB for preparation of an estimate,though no engineering review has commenced. The
30 Planner stated that the estimate was$1370 from VHB. The Planner stated that Gene Willis along with the
31 Town Clerk determined there was a public way since 1929 that has not been maintained by the town. Mr.
32 Bornstein addressed the board about Mr. Willis wanting to build a home. He stated that they had proceeded to
33 obtain sign offs from the various departments and once it carne to the Planning Department it was
34 recommended that it come before the Planning Board.Nardella asked why the applicant could not give the
35 town a 50-foot variance to get the 50-foot right of way. Mr.Willis stated that the 50-foot right of way would
36 go into the septic design.Nardella asked what DPW thought of the 40 feet right of way. Nardella would like
37 the Plarmer to check with DPW. The planner stated that no engineering has been donne since the applicant
38 wanted to go through his check-list first with the board. Mr.Willis discussed the plans with the board.
39 Nardella asked how many houses could be put in this area. Mr.Willis estimated 15 houses. Nardella would
40 like it discussed with DPW. Mr.Willis stated that Booth Street and Wallace Street were both done with less
41 than a fifty-foot right of way. Mr. Willis read the list of waivers to the board. The Planner would like the
42 applicant to clarify in detail the waivers prior to being sent to VHB. Nardella stated that the waivers would be
43 only for the one house and if the land were developed they would have to comply with full spec.The Planner
44 asked Attorney Bornstein to draft the waivers to have it clear that the waivers would only be for the one house
45 and not the full land if developed. The Planner asked Mr.Willis to come in the office and partake in a
46 conference call with VHB to explain what they are trying to accomplish.Nardella stated that the waivers
47 should to be clarified to see which waivers the board would accept. Bornstein recommended making a list of
48 conditions for the house and list of conditions for the full development of the land. The Chair asked about the
49 easement at the end of the cull-de sac. Attorney Bornstein clarified that it should not matter since the
50 easement is needed for utilities etc.The Chair stated that the waivers are such that he can live with. Joseph
51 Smith is an abutter from Penny Lane and he questioned the road being developed and stated that he would not
52 like to see it developed.Nardella stated that the area would eventually be developed since it is a right of way
53 and the road could be constructed. Bill Barrett addressed the board and asked why this was not done as an
54 ANR. Nardella stated that they could not dcfmc the road. Mr.Barrett stated that this was done on Forest
55 Street and the Planer stated that an ANR was just denied on Forest Street, Ellen Murphy, 169 Grey Street
56 addressed the board and said she is fine with the one house,but she does not want to see a road developed.
57 Schwarz motioned to continue the Definitive Subdivision for 0 Stiles Street Second by Nardella.
58 Discussion none Motion carries 5-0
1 225 Bridle Path--Watershed Special Permit
2 The Planner addressed the board regarding the applicants seeking a permit to add a small addition to the
3 existing kitchen(1'-0"x 5'2"),to add an"Eating Area"of the kitchen with a basement below(12'0"x 16'-6"),
4 to add to the existing living room (7'-0"x 12'-11"), and to add a study with basement below and a bathroom
5 above in the Non-Discharge Zone of the Watershed Protection District. The parcel of land is located in the R-
6 1 District and the lot does not meet the minimum lot area as shown in Table 2 of the North Andover Zoning
7 By-laws. However the lot meets all setbacks and is eligible for a building permit from the Zoning Officer
8 under Section 9.1 of the Zoning Bylaw. Charles Ogden and Steve Howell introduced themselves to the
9 board. Mr. Ogden addressed the board and presented the board with a set of plans. They would like to add
10 three small additions to the building. Schwarz asked if VHB had any comments. The Planner stated that VHB
11 had only minor comments that were addressed. The Chair asked about the soil. Mr. Ogden stated this was
12 sandy soil. The Planner stated that a draft decision is included in their packets. Schwarz to close the public
13 hearing for 225 Bridle Path Watershed S ecial Permit second by Phinnev Discussion none Motion
14 carries 5-0
15
16 Decision:
17 Schwarz to auvrove the Watershed S ecial Permit as amended tonight, Second by Phinney Discussion
18 none Motion carries 5-0
19
20 Planning Board Business:
21
22 471 &477 Andover Street—Request for a Waiver of Site Plan Review—
23 The Planner addressed the board regarding the shared driveway between two properties that predates zoning
24 and is a legally existing nonconforming structure entitled to protection under MGLA Chapter 40A, Section 6.
25 The Planner stated that in accordance with the Zoning Bylaw the applicant received a special permit from the
26 ZBA to modify the site. The applicant plans to demolish an existing garage and add six new parking spaces.
27 The addition of 5 new spaces triggers site plan review. The applicant is seeking a waiver from filing a site
28 plan application. Attorney Jill Mann representing the applicant presented the board with a set of plans. She
29 stated they share parking and have for about 70 years. They would like to add 6 parking spots on each lot.
30 The applicant would also like to add an addition to the existing house, but not change the existing footprint.
31 They would like to remove the three-car garage to make more room at the site to enhance the parking for this
32 area. Nardella asked for clarification of the parking area. Nardella asked if the garage was on both property
33 luxes and Ms. Mann stated affirmative. The Planner asked to clarify if it is one or two sites. The Chair stated it
34 is two sites and asked if the three parking spaces in the garage were counted as existing spaces. Ms. Mann
35 stated that they were not. Ms. Mann also stated that the driveway would be widened so two cars can pass.
36 Mr. Barrett addressed the board and stated that this is good for the connnnunity and nobody came to the ZBA
37 meeting. White asked if they would be taking any trees down. Ms. Mann said only scrub trees would be
38 removed. The Chair asked about the dumpster and lighting. Mr. Mann stated it would remain the same. The
39 Planner read the zoning requirements to the board. The chair stated that since the three parking spaces in the
40 garage were not counted as existing, then the applicant is only adding 9 spaces on 2 lots and not the 12 as
41 originals described. This represents 4.5 additional parking spaces per lot and therefore does not trigger site
42 plan review. Planning board members were polled and concurred that no waiver is required. The Planner
43 asked Ms. Mann to stop in the office to sign the site plan withdrawal.
44
45 The Merrimack Building,0 Turnpike Street Lot#4N Site Plan Extension Re nest
46 The Planner addressed the board and explained that the permit has been appealed and the applicant is seeking
47 an indefinite extension of the permit. Town Counsel recommends granting the extension for a period of one
48 year, Mr. Hingorani addressed the board and asked for a two-year extension and Nardella stated that they
49 could onlyant one-year extension at a time. Nardella motioned to Brantextension„ for 471-477
!�' Y � one-year ,,
50 Andover Street.second_b_y White Discussion none Motion Carries 4-0
51
52 Form A—Morris Street
53 The Planner addressed the board and stated that the applicant is seeking to create a new Iot on Morris Street.
54 The Plan is complete and the applicant obtained dimensional variances for the setbacks and lot areas created by
55 this subdivision. Steve Smolak addressed the board and presented plans. The zoning board granted a permit to
56 make three lots instead of two. The Chair stated the Planner could sign the Form A mylars.
57
I Delucia Way Bond Review
2 The Planner addressed the board and stated that Steve Smolak is requesting a 50%partial bond reduction. The
3 Town Engineer and Town Planner met with Mr. Smolak on September 9, 2003. Final paving and sidewalks
4 are complete. They jointly recommend releasing 50% of the bond from 70,200 to $35,100. The Planner stated
5 that he also reviewed the Street Acceptance Procedures with Mr, Smolak with a focus towards the Spring
6 Meeting.
7
8 Nardella made a motion to release the Delucia Way bond monies except for$35100 second by Schwarz
9 Discussion none Motion carries 4-0
10
11 The Planner stated that Mr. Smolak would be back at the next PIanning Board meeting to get the additional
12 50%in bond money. Nardella stated any additional release of moneys would be considered individually and
13 as warranted.Nardella also stated that we need to make sure we hold enough money to do the work required
14 for street acceptance.Nardella instructed the Planner to verify the total bond money.
15
16 Long Pasture Berm
17 Mr. Nigro introduced himself to the board. The Planner addressed the board and went over the requests of the
18 board. The Planning Board requested that he: 1) conduct a site visit and make a replanting recommendation,
19 2) look into the drainage easement over Lot IB, 3) identify the purpose of the Berm, and 4) check the amount
20 of Bond Money held by the PB. On August 29, the Conservation Administrator and the Planner conducted a
21 joint site visit with Mr. Crawley and Mr. Nigro, The Planner viewed the area where the Superceding Order of
22 Conditions requires the Berm. The Planner sees no legitimate engineering or stormwater management purpose
23 for the construction of the Berm; he concluded that construction of the berm would have minimal impact on
24 the vegetation or vistas of the site. Additionally,Mr. Crawley agreed to hire a botanist to generate a replanting
25 plan for the location of the berm. A copy of the drainage easement was provided in the Planning Board
26 packets. The drainage easement conveys the right to construct the berm. Additionally, Mr. Crawley secured a
27 notarized letter from Ren Crete authorizing him to construct the bern. The Planning Department is currently
28 holding $49,050 in bond money for completion of the subdivision. After reviewing the legal files and
29 conducting a site visit, The Planner recommends allowing the construction of the berin as a minor
30 modification. The chair stated that he believes this is a minor modification and instructed the Planner
31 to draw up the appropriate paperwork to allow the completion of this work.
32
33 Chatham Crossing
34 The Plam-ding board reviewed and made changes to the draft letter provided by the Town Planner.
35
36 Waverly/114 Rezoning
37 The Planner has spoken with Bob LaRochelle who has agreed to help organize the neighbors on 114 and
38 Waverly. The Planner suggested a meeting,Tuesday,October 14th in addition to the regularly scheduled
39 meeting. The Chair stated that he should hold off at this time from scheduling an additional meeting. The
40 Planmer suggested that a sub-conemittee of two Board members represent the Board. However,if more than
41 two would like to attend,the meeting can be posted as a public meeting. The Planner read the board the letter
42 that Hector has been circulating. Schwarz stated that he would like the heading of the letter to be clarified if
43 the board were to partake in the delivery of these letters. Howard Wilkins,47 Turnpike Street introduced
44 himself to the board as a citizen that would like to be pro-active in leaving the zoning changed in his area.
45 Nardella asked if The Planner should get involved or should the homeowners proceed on their own. The Chair
46 stated that this should go forward with the board's assistance. Mr.Wilkins indicated that Hector has
47 contacted all of the neighbors except for one that lives in Winchester. Schwarz asked how involved the 114-
48 developers would be in helping these neighbors. The Planner stated that they would keep LaRochelle on. The
49 chair would like the momentum to keep going so the interest stays in that area. Nardella stated that they need
50 to proceed carefully so that they do not have the same problem with one person holding out and hurting the
51 other people trying to rezone. Schwarz would like to have the Planner send Hector a letter as the lead person.
52 The Chair stated that the Planner should invite the residents of this project to the board on October 21"at
53 6:00pm.
54
55 The Planner addressed the board and stated that the November meeting date would have to be changed and that
56 he would like to add an additional date since November only had one meeting scheduled. The Plameer
57 scheduled the Planning Board meetings for the first of the month,Thursday,November 6th and the third
58 Tuesday,November 18`h.
to')
1
2 Draft Zonine Articles
3 The Planner read the articles to the board. The board was provided with 4 draft zoning articles for
4 consideration at the Special Town Meeting. The first was prepared at the request of the Growth Management
5 Committee, Town Counsel prepared the two dealing with adult use definitions, and the Massachusetts Dept. of
6 Environmental Management prepared the Flood Plain Amendments and definitions.
7
8 Planning Board Mail
9 Letter from Hector Rivera RE 114/Waverly Rezoning,—The Planter read the letter to the board
10
11 Planning Board Business:
12
13 The Planner read the email he received from Jared IV. He would like to set up a meeting with the Planner
14 regarding the tot lot. The board is not aware of any issues. The Planner will schedule a meeting with the
15 applicant. Schwarz asked who would maintain the tot lot. Ms. Griffin stated that the maintenance should be in
16 the decision.
17
18 Approval of the Minutes
19
20 Motion by Schwarz to approve the August 19d'minutes as written,second Nardella.
21
22 Motion by Schwarz to approve the August 5"'minutes with changes,second by White
23
24 It was the consensus of the board that only complete edited and approved minutes will be released with all
25 changes made to the final draft.
26
27 Heidi Griffin,Community Development Director addressed the board and asked each member how and when
28 they would like their packets delivered. Mr. Schwarz stated that he would prefer to have his packet on Friday.
29 Mr.Nardella stated that he preferred having his packet dropped off in advance so he would not have to pick it
30 up at the Fire Station. The majority of the board members preferred to have them delivered in advance. Ms.
31 Griffin stated that the packets would be delivered to each member's home by car to the board members on
32 Friday afternoon. The Planner stated that he could not afford to have his assistant out of the office since she
33 was only part time. Phinney asked why the packets could not be mailed. The Planner stated that this was too
34 costly. Ms. Griffin stated that there was money in the budget specifically for postage and could be used to mail
35 the packages. Ms Wilson asked if the packets could be mailed if they were completed on Thursday and Ms.
36 Griffin stated yes. Ms. Griffin re-iterated that the packets were always received on the Friday before the
37 Planning board meeting and she stated that she expected that this policy would continue.
38
39 Motion to adjourn by Schwarz at 11:22pm,second by Nardella
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