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HomeMy WebLinkAbout2004-02-03 Planning Board Minutes L�Ja3J�� North Andover Planning Board Unapproved Minutes February 3, 2004 Regular Meeting Members Present: Alberto Angles,Chair, George White,Vice Chair,John Simons James Phinney,Associate Member,Felipe Schwarz,Clerk Rick Nardella Staff Present: Julie Parrino,Town Planner,Debbie Wilson,Planning Assistant Heidi Griffin,Community Service Director The Chair called the meeting to order: 7:05pm The board voted to come out of Executive Session at 7:27pm Informal Discussions: 1060 Osgood Street—David Samuels,Rezoning The Planner addressed the board and stated the applicant would like to discuss the possible rezoning of a parcel of land currently zoned 12 which does not include retail. Prospective tenants wishing to install retail businesses have approached him. Mr. Samuels never showed up for this informal discussion. Town Meeting Preparation • Residential Adaptive Re-Use Special Permit • Phased Development Bylaw • Flood Plain District R-4 Zoning Amendment for 2 Family Dwellings The Planner addressed the board regarding the R4 Zoning. She stated that a meeting was held and she stated that the board should determine what the next step should be. There are approximately 2,600 lots in the R4 District. There are approximately 900 lots that could be affected. She gave a basic overview of the meeting that took place last week. Simons asked the Planner to explain the options. 1.No action from the Planning board; 2.By Right with Design Criteria(The building department would have to enforce); Schwarz stated that this would eliminate the public hearing process; 3.Speciat Permit Process—This would require a public hearing process. The Planner stated that all of the other town offices she checked required ZBA approval for a one to two family conversion; 4. Overlay district—The Planner stated that this appears to create more problems than to answer the questions at hand. The Planner stated that in-law apartments should be taken into consideration for this district. Schwarz stated that the process should go through the zoning board.Nardella and White agreed. Schwarz stated that the draft needs to be reviewed to tighten up the verbiage. Schwarz stated that he would like to see design and dimensional criteria. Angles asked if it would be beneficial to meet with the zoning board again. Ms. Smedelie stated that she has done her own research and would like to see that the condex's not be allowed and feels that is the real issue. She is concerned that two families are added to small lots. She would like the board to check out Swampscott to see what they are doing. Nardella stated that somebody may need to expand their home for family reasons and this should be taken into consideration. Eric Tobin, 21 Spruce Street, addressed the board and stated that he feels that.a special permit would not stop someone from building. He would like to see the wording in the zoning bylaw changed to protect the neighborhood. Simons stated that a combination of the options is something the board is looking for. Simons stated that the board needs to agree on the design criteria and he feels comfortable supporting the R4 district change. Simons explained the standards to the audience for clarification in regards to the foot-print and the square footage of the building. Steve Anthony addressed the board and stated that he would like the board to take in to consideration huge garages as part of the footprints. Mrs. McEvoy stated the she would like to see the additional building no taller than the height of the original building. Michael Hogan addressed the board and stated that he would like to see any conversions sent to the zoning department for review. Simons would like to request a placcholder so that the Planning Board could support this warrant. Mike Matting addressed the board and stated his concern that buildings could be going up prior to town meeting. Kim Morgan asked the board for clarification of the use table. Simons clarified the use table and the changes that were made over time. Nardella stated that the board is considering a use subject to Special Permit. Angles stated that the board supports this warrant article. Ms. Smedelie requested that a member from the public be involved in the zoning sub committee. Michael Hogan volunteered to serve on the committee. Willow Street—John Smolak& client David Murray,Proposed building The Planner stated that the applicants requested an informal discussion to discuss construction of a building on a vacant lot on Willow Street. The lot is located in the industrial park and is completely surrounded by wetlands. The site was rezoned to General Business in 2002. A covenant was established prohibiting the following uses: automobile service and filling stations, automobile storage and repair garages, including automobile body repairs and painting and automobile sale agencies for new and used cars; Residential use. Mr. Smolak stated that the applicant is looking to utilize the site for a contractors yard. The building will be used for the storage of approximately 5 construction vehicles. He stated that there was a meeting with Bob Nicetta who labeled the use as a contractors yard. The Planner stated that the covenant language must be discussed and a modification to the language may be necessary.Nardella asked if the equipment would be stored outside. Mr. Murray stated that the majority of equipment would be stored inside the building. Nardella stated that this goes against what was proposed for this area which was an office building. The Board discussed pushing the building further back and putting the parking and trucks to the front of the property. Simons stated this was zoned GB since the upland was too small and he agrees with Nardella that this is not the proper use for this area. Angles stated that this seems to be too much like a contractor yard and not suited for this area. The applicants requested whether the Board would consider the modification if the abutters approved of the facility. Mr. Simons feels the use goes against the covenant put onto the property. Approval of the Minutes: This will be deferred to the next Planning Board Meeting New Public Hearings The Chair opened the Public Hearing at 8:13pm 80 Saile Way-Watershed Special Permit (: The PIanner stated that the applicant Paul Mussell has filed for a Watershed Special Permit under Section 4.136 of the Zoning Bylaw for the construction of an inground swimming pool and associated decking proposed within the 250'Non-Discharge Zone associated with Lake Cochichewick. Paul Russell addressed the board and presented plans regarding his proposed pool installation. He referred the board to the VHB comments. He stated that there would be no chemicals used in the pool to discharge into the watershed protection area. The deck has a negative edge that pushes the water back into the pool. Nardella asked where the large rainstorm overflow would go. Mr.Russell stated that the pool overflow goes into a basin that surrounds the pool to prevent overflow issues. The Planner stated she would like to see an infiltration system on the plans. Simons asked where the house is located on the plans and if it the foundation was placed at the site where it should be. The Planer stated that the house is much Iarger than originally stated on the plans. Nardella asked what was in the backyard and it was stated that the rear of the property has been cleared. Mr. Russell showed pictures to the board of the lot and house location. Mr.Russell stated that the capacity of the infiltration system is much larger than needed and he indicated that this would cover the pool area.Nardella stated that the grass area was supposed to help with the run off and placing a pool and deck takes up most of the grass area. Mr.Russell stated that he has significant landscaping planned for the area with a sprinkler system that would add water to the area. The Planner stated the engineer should present calculations supporting the infiltration capacities. Mr.Russell stated that he has a letter tonight for the board to review that addresses engineering calculations. Nardella would like to know how the building department issued a permit for a house bigger than what was approved under the Special Permit. The Planner stated that all Departments must sign off on the building permits. Mr. Russell stated that he would install a perimeter drain around the pool. Angles stated that the applicant should come in with a plan that tics the pool patio drainage into the infiltration system. Angles stated that the old and new plans need to be incorporated as one plan to show the new calculations. Angles stated that Mr. Russell needs to answer some of the questions presented tonight and be prepared to discuss them at the next planning board meeting. This will be continued to the February 177' hearing. Continued Public Hearings: North Andover High School--Site Plan Review Special Permit The Planner stated that the applicant submitted revised plans and letters addressing the drainage comments submitted by VHB. According to VHB, all outstanding issues have been addressed and no further review is necessary. Angles directed the Planner to draft a decision. Motion b_v Nardella to close the public hearing for the North Andover High School,second by Simons,No discussion Motion carries 5-0 Decisions: Eaglewood—Site Plan Review Special Permit: Nardella made comments on the draft and copies were presented to the board members. The board members and staff discussed and made changes to the draft. Nardella makes a motion to approve the site plan special permit for the ea lewood shops as amended this evening,second bI White 5-0 Discussion_none Motion carries 4-0 (Schwarz did not vote). The meeting adjourned at 10:48PM