HomeMy WebLinkAbout2003-09-23 Planning Board Minutes pw(0)6 tol��03
1 TOWN OF NORTH ANDOVER PLANNING BOARD
2 Unapproved Minutes
3 September 23, 2003
4 Regular Meeting
5
6 Members Present: Alberto Angles, Chair, George White, Vice Chair, Felipe Schwarz, Clerk
7 Rick Nardella, James Phinney, Associate Member
8 Members Absent: John Simons
9 Staff Present: J. Justin Woods, Town Planner, Debbie Wilson, Planning Assistant,
10 Heidi Griffin, Community Development Director
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13 Meeting called to order: 7:05PM by the Chair
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15 Presentations:
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18 Economic Development Update
19 Heidi Griffin, Community Development Director addressed the board and updated the members on the
20 Economic Development. Summaries were prepared by Ms. Griffin and distributed in the Planning Board
21 packages. Ms. Griffin stated that there are numerous discussions being talked about Lucent. She stated
22 there could be a college campus or possibly a bio-medical facility. Ms. Griffin stated that the new owners
23 would like the train to stop behind Lucent. Nardella would like the Planer to check in to the bio-medical
24 use for that area. Ms. Griffin has a grant that could be used for the Lucent building. She further stated
25 that there is also a consultant, Judy Barret that is interested in consulting with the town for this project.
26 White stated that the consultant could help fund a better use for the property. Ms. Griffin stated that there
1 27 is a committee in place to oversee the Lucent development. Nardella stated that you would not want a
28 college campus since it would reduce the tax benefit to the town. The Chair stated that he would want to
29 spend the grant money for the best possible use for this building. Nardella asked if the grant had to be
30 used for just this property. Ms. Griffin stated that the use of the grant money is specifically for Lucent.
31 The Planner stated that there could be a barrier with zoning that is undetermined. Schwarz stated that this
32 creates momentum and could benefit the town. Ms. Griffin stated that previously Lucent would not even
33 speak with the town in the past, Nardella asked about the 52 acres at the airport and could we redirect our
34 energies anywhere else. Ms. Griffin stated that it appeared approximately eight years ago Lucent was
35 more of a crisis and the grant was slated for that building.
36 {Felipe Schwarz arrived 7:15PM}
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38 Ms. Griffin informed the board that she is working on a Marketing brochure and has secured $5,000 that
39 is slated for this project. She stated that she liked the Methuen brochure and how it presented that city.
40 Nardella stated that this was done with Jim Gordon and a brochure was already created. Ms. Griffin
41 stated that she was aware of the previous brochure and it was approximately ten years old. She stated the
42 old brochure needs a face-lift. Ms. Griffin has been taking pictures and collecting photo's for this project
43 and feels it will be underway shortly.
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45 Ms. Griffin discussed the down town project and how she is applying for a grant application to assist this
46 project. Ms. Griffin stated that she is in the process of taking an inventory of town owned land. She
47 stated that the town maybe looking in to building their own affordable housing to meet the state
48 requirements. Nardella stated that the town has never been interested in selling town owned land. The
49 Chair thanked the Community Director for bringing the board up to speed on the projects that she is
50 currently working on.
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I Continued Public Hearings:
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3 Little Professionals—Site Plan Review Special Permit
4 The Planner stated that the Board asked the applicant to look at (a) including sidewalks, (b)modifying the
5 bus entrance to prevent the traffic queue from blocking the access to and from the Little Professional's
6 driveway, (C)modifying the guardrail and barrier details, (d) showing snow storage, and (e) to explore
7 alternatives to the back to back parking. No new revised materials have been received to date. The Chair
8 stated that if the information were not available by the Thursday prior to the meting the applicant would
9 be continued until the next hearing date. Mr. Kovats, MHF addressed the board and presented the board
10 with a new set of plans. They have moved the sidewalk and pushed it out in front of the project. The
11 guard- rail was changed from metal to timber. The snow removal would be stored next to the building.
12 Nardella asked the engineer to look at a closer point for the snow to drain. The Planner stated that the
13 board should not spend too much time on this since not all of VHB's information is back. The Chair asked
14 about the back-to-back parking. Mr. Kovats indicated that they created a landscaped area and reduced
15 one handicapped parking space to reduce the number of parking spaces and widen the area. Nardella
16 asked about angle parking. Mr. Richards addressed the board and stated that angle parking would not
17 work for that area. Nardella asked if there would be a curb stop and Mr. Kovats stated no. The Planner
18 recommends the board continue this to the next meeting. The Chair asked the minimal isle width between
19 parking. Mr. Kovats stated the isle width is 25 feet. The Chair stated that he would prefer the sidewalk
20 be on the public way. The Planner stated that the ZBA decision could be modified in regards to the
21 guardrail. Mr. Richards stated that he has worked with Public Safety and the ZBA to ensure he meets all
22 of the required safety concerns.
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24 Schwarz made a motion to continue the public hearing for Little Professionals to the October 7`h
25 hearing,second by White Discussion none Motion carries 5-0
26
27 d Stiles Street—Definitive Subdivision
28 The Planner addressed the board and stated that VHB has made comments and Mr. Willis is here to
29 address some that he can cover and the remaining will be ready for the October 7`h hearing. The Planner
30 read the waiver requests to the board. Mr. Willis addressed the board and requested that he not have to
31 make a sheet for each plan since the registry charges $75.00 per sheet to record and he feels he can get all
32 of the information on fewer sheets. Nardella asked if the Planner discussed this project with DPW. The
33 Planner stated affirmative. Nardella requested that the DPW response be put in writing. The Planner
34 stated that if Mr. Willis uses two sets of plans the waiver list could be reduced. Nardella stated that this
35 appears confusing once the second developer comes in. Nardella asked if this would create Form A lots.
36 The Planner stated no it would not create Form A lots. Mr. T. Willis addressed the board and stated that
37 he is here to discuss VHB recommendations and if they would like to clarify legal issues he would prefer
38 to bring in Attorney Bronstein. The Planner stated that the reason there would be two sets of plans is to
39 separate the single home being built as opposed to approving a proper sub division. Mr. T. Willis stated
40 that they are only trying to build one home. Nardella stated that he only wants to approve one sub
41 division plan. Nardella asked the Planner to verify the 40 ft right of way with DPW. Schwarz stated that
42 the reason the board asked for two plans was for clarification of the sub division lay out. The subdivision
43 regulations require 3% and the plans are slated for 7.8%. The Chair asked if he could get it to 3% and
44 Mr. Willis stated that he does not feel that he could do that. Nardella stated that they have waived some
45 grading in the past. The Planner went over the VHB requests. Mr. Willis stated that there would still be
46 waivers required to the road. The Chair stated that he does not have all of the information as discussed
47 between the Planner and Mr. Willis this morning. Nardella stated that the issue would be with the
48 grading. The Planner stated that they are still working with VI-IB. Mr. T. Willis stated that the street is a
49 public way. The Chair does not feel the grade will be an issue for one house. The Planner stated that Mr.
50 Willis will be revising the plans and providing them to the board prior to the next meeting. Mr. Willis
51 stated that he would like to obtain an approval for the next meeting. The chair stated that they could build
52 out the cull-de sac to build the balance of.the subdivision. The Chair indicated that this would not be
53 ready to approve by the next meeting since there are still many outstanding issues. The Chair discussed
54 the list of waivers with the Planner and. requested these be clarified prior to the next mting. White
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I made a motion to continue the public hearing until October 7th, second by Schwarz Discussion:
2 None Motion carries 4-0
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4 New Public Hearings:
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6 3 Foster Farm Elementa School—Site Plan Review Special Permit
7 The Planner addressed the board and stated that the Applicant requested a continuance to October 7,
8 2003. The application and VHB's report are in your packages for you to begin reviewing. The Planner
9 stated that applicant would like to open the public hearing. Motion by Schwarz to open the public
10 hearine for Foster Farm Elementary School and continue the hearing-to October 7 2003 second b
11 White Discussion none Motion carries 5-0
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13 1789 Great Pond Road—Watershed Special Permit
14 The Planner addressed the board and stated that he recommends continuing the hearing until October 7,
15 2003 and directed the applicant to resolve the outstanding issues outlined in the attached memo from
16 VHB. Richard Arnone addressed the board in regards to building a home at 1789 Great Pond Road and
17 stated he would still like to update the board and stated that he would like to build a new home and
18 driveway. The Chair asked that the Planner go over VHB's comments. The Planner read the comments
19 and stated that the applicant needs to provide VHB with a response to the questions asked by VHB. The
20 Chair asked if this was a common drive and the Planner stated that this is an easement. Mr. Arnone
21 stated that he did not have to use the common driveway and could use the entrance to Great Pond Road.
22 Nardella stated that this should go before Technical Review Committee. Nardella stated that the Fire
23 Department needs to be involved in this process. The Planner explained the TRC process to the applicant.
24 Mr. Arnone stated the lots were created in 1976. The Planner asked if a full TRC meeting was necessary
25 and Nardella stated affirmative. Nardella asked how wide the proposed driveway was and the applicant
26 stated approximately 12ft although he was not sure. Nardella instructed the Planner to review the plans
27 currently in process by Bill Barrett in the same area for guidance. The Planner instructed the applicant to
28 call his office and schedule a TRC meeting prior to revisions being sent to VHB. Nardella questioned the
29 rear grading and would like it clarified by the next meeting. Mr. Arnone requested the test pit on the site
30 be done during construction for cost reasons. Nardella stated that this should be done prior to
31 construction. Nardella stated the applicant might need to put in for a common driveway special permit.
32 Public comment: Christine Minieucci addressed the board and stated that her another lives off of one of
33 the common driveways and she almost purchased the lot, but it did not perk. She also stated that they
34 have a water issue and would hope that there would not be any additional water problems added to the
35 area. She also stated that her father required an ambulance and it had trouble getting into the residence.
36 The chair asked if she was hire in level and she stated that the lots were all equal. Motion by Schwarz to
37 continue to the October 7'"meeting, second by White. Discussion: The Planner stated that the common
38 driyT application might not be heard until October 23`a. Nardella stated that the applicant..should
39 prepare evcWhing in advance and present it complete to the,board. Motion carries 5-0
40
41 Carter Crest —2-Lot Subdivision
42 —Watershed Special Permit
43 —Common Driveway
44 The Planner stated that the applicant is requesting a road waiver, but create two lots. The Driveway can
45 be created, but a road cannot be due to the conservation land in the area. Mr. Zahoruiko addressed the
46 board and stated that he came before the board as an informal meeting in June. Mr. Zahorniko stated
47 that it is on an old farm road. He turned in a letter in response to VHB's questions tonight to the Planner.
48 Nardella asked what the applicant needs in regards to permitting. The Planner stated watershed, common
49 driveway along with the 2 Lot Subdivision. Mr. Zahorniko stated that the conservation area goes
50 through a portion of the right of way. The Planner asked the board to review page three of the plans. The
51 Chair states that they need to be assured that someone could not come in and build a conventional
52 subdivision. Tom Zahoruiko stated that the majority of the VHB's questions relate to the building of the
53 road that he is not going to build. Nardella stated that he would like to see the road information. Angles
54 asked about access over the frontage. Mr. Zahoruiko stated that he could not build the road due to the
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I wetlands. Nardella asked the Planner to check the reasons to use the wetlands or cross over the wetlands
2 as frontage with town council. The Chair asked the Planner to read the conservation zoning requirements
3 as to when and if the wetland could be included in the right of way. Mr. Zahoruiko referred the board to
4 page 5 of the Carter Crest Plans. Schwarz asked why the homes were placed where they are on the map.
5 Mr. Zahoruiko stated it is due to the wetlands in the area. Nardella asked which way the homes would be
6 facing. Mr. Zahoruiko stated they face the South. Schwarz asked what the condition of the lot was. Mr.
7 Zahoruiko stated that is was about an eight-year field. The Planner read the access of frontage conditions
8 to the board. Nardella asked if he would have to go to Conservation. The Chair asked about two frontage
9 lots. Nardella asked the Planner to verify what constitutes frontage. Nardella stated that if Mr. Zahoruiko
10 presented two ANR lots he would need to clarify what is frontage. Nardella directed the Planner to show
I1 the plans to the Conservation Department to get their opinion. Motion bV white to continue the Carter
12 Crest Subdivision to the October 7'h meeting,second by Schwarz Discussion none Motion carries 4-0
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14 1003 Osgood Street --Site Plan Review Special Permit
15 —watershed Special Permit
16 The PIanner addressed the board and stated that the applicant did not provide a copy of the site plan and
17 application to VHB until September 17, 2003 so no engineering review is available at this time. The
18 Planner stated that he informed Mr. Darcy that the appropriate paperwork was not received by VHB and
19 this should be continued to October 7"', Chris Huntress, Huntress Associates addressed the board. He
20 presented the board with a set of plans showing the revisions to the original plans. Nardella asked if they
21 would be. filling in the area to expand the driveway. Mr. Huntress stated there would be minimal filling
22 in. They are proposing a soccer field for smaller children and there will be shared parking for the area.
23 Motion bj Schwarz too en the public hearing and continue the hearing to October 7 2003,_second
24 by white Discussion: The Chair directed the Planner not to place un re ared applicants on the enda
25 that have not submitted to VHB in a timely fashion. Motion carries 5-0
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27 Planning Board Business:
28 Carter Field Bond Reduction Request
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30 The Planner addressed the board regarding the bond reduction request. 'A memo was distributed
31 to the board from Jack Sullivan. Mr.Zahoruiko addressed the board stating that there was a very
32 large bond posted on July 11"h. All of the bond reduction relates to off site work. Nardella asked
33 about the retaining wall and it was stated it is on Barker Street. The gravel represents the
34 topcoat. Mr.Zahoruiko stated that the fields are almost ready. Mr. Zahoruiko stated that the
35 field would be hydro seeded next week. Mr. Zahoruiko is looking for DPW to certify that all of
36 this work is being done. Nardella asked about the site-opening bond and Mr. Zahoruiko stated
37 that it was rolled in to the large bond. Angles asked about the amount of the bond reduction and
38 if he was in agreement with Jack Sullivan. The Planner stated affirmative. Motion by Nardella
39 to release all but 269,000 of the Carter Field Subdivision monies second bj White
40 Discussion none Motion carries 4-0
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I Town Meeting Prep/1451 Osgood Street-_Zoning change request from Industrial I to Industrial U
2 The Planner addressed the board and stated that Peter Breen requested to be on the agenda to discuss
3 rezoning property on Osgood Street. Peter Breen addressed the board and stated that he purchased the
4 land about 4 years ago and after exploring industrial uses, has determined that an industrial use is not
5 economically viable. He stated that he paid approximately 340,000 dollars for this parcel and he could
6 not get that for it today. The planner read the uses for this area to the board. Nardella stated that he does
7 not see how moving this to Industrial 11 would be detrimental to this area. The Planner informed Mr.
8 Breen that the deadline for this submittal is this Friday. Nardella asked why he does not team up with the
9 abutter. Mr. Breen stated that the abutters land goes back to the 1600's and he does not need to change
10 his zoning. Mr. Breen asked if the board would support this idea. Phinney asked if he could come back
11 in two weeks to review the article. The Planner stated that a legal ad would have to be done prior to the
12 November 17'x'town meeting.
13
14 Hector Rivera and Mr. Wilkins regarding rezonina Waverly and Rte 114
15 Mr. Rivera addressed the board and stated that he had over 100 signatures for his rezoning
16 request. He has received positive response from all of the abutters in the area. The Chair asked
17 Mr. Rivera if he was prepared to speak at Town Meeting. Nardella said he was willing to assist
18 Mr. Rivera with the presentation. The Chair asked how large the lots were and the Planner stated
19 that they are all small lots of approximately a %z- acre. Nardella suggested that the Planner call
20 Charlie Salisbury to see if the Planning board can make an amendment on the floor to change the
21 zoning of the size of the parcels such as a three-lot minimum. Nardella feels it would protect the
22 landowners. Nardella stated that it is approximately 2 1/2 acres are involved.
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24 Phased Development By-law
25 The Planner stated he received a letter from Carol McGravey regarding a revision to the phased
26 Development By Law and she would like a sunset provision. Nardella stated that he would
27 contact Heidi Griffin and Carol McGravey tomorrow to discuss her request.
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29 Approval of the Minutes
30 The September 9, 2003 Planning Board Minute revisions have not yet been received by the Planning
31 Assistant. Angles stated that funneling the minutes to Schwarz would not work and he would like to have
32 the board bring their changes to the meeting.
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34 Planning Board Mail
35 The Planner provided the board members with their mail.
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37 Long Pasture Subdivision
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39 The Planner stated that after speaking with Heidi Griffin and Town Council it was strongly
40 recommended that the request to construct a berm not be approved as a minor modification, but
41 after a public hearing is held. The Planner explained that there was a couple of years worth of
42 correspondence on this matter consistently stating the Town's position that a public hearing was
43 necessary. The Planner drafted a letter to the applicant to clarify this issue and distributed the
44 draft to the board. The Planner also informed the board that he called Mr. Nigro to inform his
45 that this would be discussed at tonight's meeting. The board approved of the letter. The Chair
46 authorized the Planner to sign the letter on his behalf. Angles made a motion to reconsider the
47 Long Pasture Subdivision and request a public hearing, second by Nardella Discussion none
48 Motion carries 4-0
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1 Motion to adjourn by Nardella at 11;40PM second by Schwarz Discussion none Motion
2 carries 5-0
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