HomeMy WebLinkAbout2003-11-07 Planning Board Minutes North Andover Planning Board
Unapproved Minutes
November 7,2003—Thursday
Department of Public Works Conference Roorn,384 Osgood Street-North Andover,Massachusetts 01845
Members Present: Felipe Schwarz,Chair, Richard Nardella,and John Simons
Members Absent Alberto Angeles,George Wbite,and James Pbinney
Staff Present: Heidi Griffin,Acting Planning Director
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Mr.Schwarz,Acting Chair,opened the meeting at 7:06 PM.
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Discussion Items:
Mr. Schwarz announced that the I"agenda item, Lawrence Airport Subdivision,Definitive Subdivision
Extension would be postponed until Mark Rees,Town Manager arrived. He asked Heidi Griffin,Acting
Planning Director, if the time had expired already. Ms. Griffin said it will expire on 11-14-03.
Street Acceptance Articles for Town Meeting requiring Planning Board recommendations:
A. Lyons Wa -Ms. Griffin reported that Jack Sullivan of the DPW,Town Counsel,and HG all
recommend approval. All street acceptance procedures have been adhered to. Mr.Nardella asked if the
Planning Dept.endorsed the As-Built plan; is there sufficient bond money for replacement trees? Ms. Griffin
said yes, there is$19,500 remaining in Bond monies. Mr.Simons made a motion that the Planning Board
recommend favorable acceptance of Lyons Way at the November 17,_2003 Town Meeting_LMr._Nardella
2" the motion. No discussion. Motion carried 3-0.
B. Leanne Drive-Ms.Griffin reported that DPW,Town Counsel, and HG all recommended
approval. All street acceptance procedures have been adhered to, and there is$86,900 remaining in bond
monies. Mr. Nardella asked if that was a lot of unused bond money if everything has been done? Dave ?, the
applicant, said there was nothing needing to be done;but when they came in for their last bond release, there
was a little mix-up with the numbers at DPW,so we decided to get it all at the end. When they requested the
fourth incremental bond release,they were told by Justin Woods, then Planning Director,that applicants could
only request 3 bond releases. Mr.Nardella said he had not heard of such a thing, The applicant said that it was
in their conditions of approval,and they agreed to wait,since it was 5 weeks to the Nov. 17,2003 Town
Meeting,and they could request the whole thing. Mr.Nardella said we always maintain,hold some cash back,
but we should give it back as quickly as possible. The applicant said that they could wait for the release after
Town Meeting. Mr.Simons made a motion that the Planning Board recommend favorable approval of
Leanne Drive at the November 17,2003 Town Meeting;Mr.Nardella 2"` the motion. No discussion.
Motion carried 3-0.
Town Meeting Articles reguiring Planning Board recommendations:
A. Article 11—Citizen's Petition on the ac uisition of Holt Road Ercolini -Ms. Griffin said that
Joyce Bradshaw,Town Clerk suggested that the material be put on the agenda. Town Counsel advised that the
Planning Board does need to make a recommendation. She tried to call Mr. Ercolini,could not leave a
message, so she recommends that he be invited to the Pre Town Meeting PB meeting. Mr. Simons said that he
had talked to Mr.Ercolini,a past PB member. Mr. Simons believes that Holt Road is basically an economic
development issue, the core is; what is the best use of the land back there? Are we trying to solicit the right
types of businesses? The problem is not going to go away; there is too much land zoned for the one strip joint.
Mr. Nardella questioned that of the 28 thousand residents of Town,nobody had thought of doing a taking? A
taking won't work because there is other land there, Once you start down that road of taking land,you only
succeed in raising the value of other parcels now worth nothing. Mr. Simons said that we would have to take it
all. Mr. Nardella said we couldn't afford to keep taking land at market value. Where do we zone for x rated
facilities in Town? Mr. Simons said that the Holt Road articles would give the issue another hearing,perhaps
that would help to tone down the rhetoric. Mr. Nardella said that the zone has to be somewhere and locating it
at the Holt and Clark area would have the least impact on the Town.Mr. Simons suggested that they discuss the
Sharpeners Pond issues next.
B &C—Article 14—Discontinuance of Sharpeners Pond Road as a Public Way 7&Article 15—
Sell land for Ice Rink on Sharpeners Pond Road-Ms. Griffin said that the land had been rezoned, but no
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North Andover Planning Board
Unapproved Minutes
November 7,2003—Thursday
Department of Public Works Conference Room,384 Osgood Street-North Andover,Massachusetts 01845
final plans had been approved. Mr.Schwarz said that the layout is not set in stone, they're laying it out
conceptually. The developer is going to have to go through the formal permitting themselves. Ms. Griffin
explained the problem with the preliminary layout is that most roads have a 50' right of way, but Sharpeners
Pond Road has a 150' (160'?)right of way because it was designed to go to a proposed missile silo. The
engineer drew the plans for free, and was not aware of the unusual width. Article 14 will discontinue the right
of way,and bring the lot line to the pavement. Eventually, in order to build, they will need a variance from the
Zoning Board. Mr.Nardella asked if there was anything in the right of way now, any pipes, any water systems,
or any gas lines? Ms. Griffin said she had no idea. Mr. Nardella said that he was in favor of reducing the right
of way to 50'.
3)Town Meeting Warrant Articles and Public .Hearings:
1.Citizen's Petition--Waverley Road/Route 1144 Rezoning from Residential 4 to General
Business--Hector L.Rivera,768 Waverley Road,spoke for the proposal,along with Joan M. Rivera,William
Hamilton,Waverley Road,and Howard Wilkins,Turnpike Street. Mr.Rivera said that the proposed Eaglewood
project. The Board praised the petitioner's efforts on behalf of the rezoning petition. However, they felt that
the petition needed to be refined,with exact boundary descriptions of the proposed parcels to be re-zoned.
They recommended that the petitioners consider withdrawing the request at Town Meeting and refining the
request for consideration at the May Town Meeting. The Planning Board suggested that the petitioners could
take the six months and work with the Planning Department in crafting a more specific petition, The Planning
Board isn't comfortable with the wording of this proposal, but could sponsor a revised proposal. Mr. Rivera
said they were agreeable,and they would withdraw at the November 17 Town Meeting.
Continued Public Hearings:
0 Stiles Street—Definitive Subdivision—Eugene P. Willis,76 Boston Hill Road,and Tim Willis
spoke for the petition. Mr. Schwarz explained that the vote would have to be postponed for lack of a quorum,
but that they could discuss the decision details. The Board,Ms. Griffin,and the applicant discussed some of the
details of the proposed Definitive Subdivision. Ms. Griffin advised the Board that the continuing applications,
0 Stiles Street,Little Professionals,Eaglewood,and Carter Crest mean that the next agenda will be very long.
She suggested that the Board consider inserting another meeting between now and December 2,2003. The
Board felt that Tuesday,November 25, 2003 was the best option.
Mr.Simons made a motion that the Planning Board hold a Public Hearing on Tuesday,November 25
2003• Mr.Nardella 2"' the motion. No discussion. Motion carried 3-0.
Citizens Petition—1449-1451 Osgood Street Rezoning from Industrial I to Industrial 11
Peter Breen,770 Boxford Street,represented the petition. The major differences in uses between the Industrial
I and Industrial 11 district is that the Industrial 1I district will allow the following:
1. Lumber or other building materials storage or sales, fuel storage or contractors yard,provided
that all outdoor uses are enclosed by a fence of five feet or more in height;
2. Bus garage;
3. Automobile service station;
4. car wash;
5. automobile or other motor vehicle repair,provided all activities are within an enclosed
building;
6. veterinary hospitals and kennels, provided all activities are with an enclosed building;
7. hotels and motels limited to one in each 2,000 linear feet or street or highway as measured
along the center line.
Mr. Breen said that he would like to use the property as a contractor's yard for his landscaping business and
would sign an agreement not to use the property for a car wash,auto repair,or bus garage. Lot and area
requirements are exactly the same for both Industrial I and II [minimum 80,000 square feet, 150 feet frontage,
50' side, rear,front setbacks,etc,].
Mr.Simons made a motion that the Planning Board recommend favorable approval of re zoning 1449-
1.451 Osgood Street from Industrial I to Industrial II with the applicant's covenants for the 2 parcels at
the November 17,2003 Town Meeting;Mr.Nardella 2" the motion_. No discussion. Motion carried 3-0.
8:54 PM-Mark Rees,Town Manager is present.
Adult Motion Picture Amendment Section 2.21.3 and 2.21.6 of the a Zoning Bylaw:
The Planning Board is sponsoring the revised,refined language,and still feels the language needs to clarify the
definitions of establishments and their uses.
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North Andover Planning Board
Unapproved Minutes
November 7,2003—Thursday
Department of Public Works Conference Room,384 Osgood Street-North Andover,Massachusetts 01845
Mr.Simons made a motion that the Planning Board recommend favorable_approval of the amendment to
the language of Section 2.21.3 and 2.21.6 of the Zoning Bylaw at the Novemb..e.r 17,2003 Town Meeting;
Mr.Nardella 2`0 the motion. No discussion, Motion carried 3-0.
Article 11—Citizen's Petition on the acquisition of property on Holt Road
Mr. Rees said that Town Counsel advised against supporting the petition, if there is no funding in the bill.
Mr.Simons made a motion that the Planning Board not recommend the adoption of Article 11: Mr.
Nardella 2" the motion. No discussion. Motion carried 3-0.
Lawrence Airport Subdivision Definitive Subdivision Extension
Mr.Rees explained that the lengthy FAA hearings had used up most of the allotted time, and the Airport needed
an extension in order to comply with the terms of the Definitive Subdivision.
Mr.Simons made a motion that the Planning Board extend Condition 17 of the Lawrence Air ort
Subdivision—Definitive Subdivision decision,• Mr.Nardella 2',dthe motion. No discussion. Motion
carried 3-0.
Article 14 -Discontinuance of Sharpners Pond Road as a Public Way- This article would
discontinue the portion of Sharpners Pond Road's right-of-way. This land in the right of way is needed to
build the ice rink the town is proposing to build on this parcel of land. As part of the town's economic
initiatives I would recommend the planning board vote to take favorable action, as the ultimate decision making
of the project itself rests with three boards: planning board for site plan review,zoning board for the setback
relief needed,and the conservation commission for building parking and impervious area within 100' of a
wetland.
Article 15 -Sell land for Icelkink on Sharpners Pond Rd.- This article would authorize to Board
of Selectmen to sell land for a proposed Ice Rink on Sharpners Pond Road.
Mr. Rees and the Board discussed the proposed two articles.
Mr.Simons made a motion that the Planning Board recommend approval of Article 14 to discontinue a
portion of Sharpners Pond Road as a right-of-wa_y_at_the November 17 2003 Town Meeting; Mr.
Nardella 2" the motion. No discussion. Motion carried 3-0.
Mr.Simons made a motion that the Planning Board recommend approval of Article 15 to authorize the
Board of Selectmen to sell Sharpners Pond Road land_to_build an ice rink at the November 17,2003
Town Meeting;Mr.Nardella 2""the motion. No discussion. Motion carried 3-0.
Mr.Simons made a motion to ad'ourn the Planning Board meeting at 9:42 PM;Mr.Nardella 2"'r the
motion. No discussion. Motion carried 3-0.
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