HomeMy WebLinkAbout2004-05-04 Planning Board Minutes North Andover Planning Board
Unapproved Minutes
May 4, 2004
-
Regular Meeting
Members Present: Alberto Angles,Chair, George White,Vice Chair,John Simons
Felipe Schwarz,Clerk
Staff Absent: Rick Nardella,James Phinney
Staff Present: Judie Parrino,Town Planner,Debbie Wilson,Planning Assistant
The Chair called the meeting to order at 7:03PM
Informal Discussions:
Town Meeting Article Presentations
Heidi Griffin addressed the board to discuss the Town Meeting article presentations. The Planner stated
that the board could use summary sheets as guidance. Ms. Griffin provided a band out with bullet items
summarizing the changes that would be beneficial. Ms. Griffin stated that she would present Article 41.
Simons will present article 42 and Ms. Griffin stated she would include a handout for clarification.Ms.
Parrino will present article 43. Alberto will present article 45. Schwarz would like to have slides as a
back up to the GB article. Simons suggested pictures from a site in I.,awrence as an example.
Lucent TIF proposal.
Mark Rees presented the TIF proposal for Lucent that will be voted upon at Town Meeting. Mr. Rees
introduced Laurie Goldstein,Ellen Keller and Michael Shaff to the planning board. He presented a
handout to the board members regarding the TIF for the former Lucent properties. He stated that Lucent
used to be the#1 taxpayer in North Andover. He stated that Ozzy is interested in helping with the North
Andover economic development. The terms of the TIF would be over a 20-year period. It is an incentive
for focussing on growth to the area. The TIF will only apply to commercial property. The developer
would like to have expandability options within the TIF. This would begin starting in the year 2006.
Ozzy Properties has agreed to allow the town up to 5,000 square feet for municipal office space. Mr. Rees
would like the board to support the TIF and offer their support at town meeting. Angles asked if the base
value would increase. Mr. Shaff stated the base value could increase based on the base assessment of the
town. Schwarz asked if there is marketing in place to see that the building is utilized. Ms. Goldstein
stated that it would depend on the overall state of the market. Schwarz would like to have the applicant
commit to the TMA. The Planner stated that she is willing to discuss the'I'MA with Ms. Goldstein.
Schwarz asked how many fields are on the site. It was stated that there is 4 soccer fields. The Chair asked
how the proposed improvements were projected. Ms. Goldstein stated that it was an estimate based on
the estimated use of the building. Simons asked if the zoning accommodated the proposed uses. Ms.
Keller stated that the zoning was appropriate and if there were a need for something else the applicant
would come before the board. Simons asked if a new train stop would be considered. Ms. Goldstein
stated that she would appreciate help in any way with this effort. White asked how close in the future
would there be businesses in place for this site. Ms. Goldstein stated that the TIF needed to be in place in
order to market the property. Simons asked if the owner flipped the property would the TIF stay in place.
Ms. Goldstein stated that for the record Ozzy intends to keep the property. Schwarz asked if there were
other town benefits that need to be thought about. The consultant stated that there was a wide range of
benefits that could benefit the town. Schwarz stated if the applicant was interested in a mix use for the
area by mixing residential. Ms. Keller stated that the potential applicants would prefer not having
residential in the area. Motion by Simons for favorable action on this motion; second by Schwarz
Discussion none Motion carries 4-0
The Chair opened up the public hearings at 7:46PM
Bond Release-Delucia Way(Smolak)
The Planner stated that the Notice of Decision for the 5-lot subdivision was issued on July 16, 2001. A
Performance Bond in the amount of$70,270 was established. A bond release in the amount of$35,170
was released in July of 02 leaving a balance of approximately$35,100. The subdivision has been
completed and is scheduled for street acceptance on the warrant article however the applicant failed to
submit all his legal documentation in a timely manner therefore the street will not be accepted at this
Town Meeting.It appears the file is in order and all restrictions and covenants have been submitted. I
walked the site with Jack Sullivan on 4/28104. Several issues were identified including the need to re-
loam and seed roadway shoulders,correction to the street sign which has a spelling error, and relocation
of a portion of the sidewalk as stone bounds are located in the middle of the sidewalk. The Planner stated
according to Section 5.8.2, a release up to a maximum of$17,550 is allowed. DPW Director of
Engineering has recommended a partial release in the amount of$17,500. Motion by Nardella to release
all but 25,000 on Delucia Way,second by Schwarz Discussion none Motion carries 4-0
Watershed Special Permit Extension-284 Salem Street
The Planner stated a permit was issued on December 19, 2001 for reconfiguration of the existing
driveway and installation of storm water structures,related landscaping and reduction of the existing deck
within the Non-Disturbance Zone. The Planner stated that the permit expired on December of 03 and the
only work that has been completed is partial removal of the deck. Activities were being conducted along
the edge of a wetland resource area. A$500 bond was required. The applicant is requesting an extension
to the expired permit in addition to proposed modifications. Bill Needham addressed the board and
present plans for the board to review. He explained the proposed storm water system to the board. Mr.
Needham stated that the applicant is working with a botanist. Nardella stated that the applicant would
need to reapply. The applicant stated that the pool collapsed and that is the only work that has been done
to the area. The Planner stated that they have to go before the conservation department for a modification
of conditions. The Chair stated the applicant should reapply and the board would do their best to expedite
the process. The Planner would like to see a comprehensive drainage report.The applicant was
instructed to reapply and contact the Planning Department if they have any questions.
Forest View Bond Estimate
VHB has established a performance bond estimate for the last phase of the Forest View Subdivision
identified as Garnet Circle. Motion by Nardella for the establishment of the bond for Phase C in the
amount of 155 77.50 second by Simons Discussion: The Chair asked for clarification if this is the final
phase and the Planner stated yes Motion carries 5-0
Discussion-Treadwell Site Development-Hearthstone Development
Bill Perkins stated that he is here to have an informal discussion regarding the Treadwell site. Mr.
Perkins stated that he has not met with Treadwell's„ but has heard they are interested in keeping an ice
cream building in place. He stated the office and retail building has a lot of glass to maintain the colonial
feel. The second floor would have office space. Simons asked where the property line is and Mr. Perkins
clarified it on the plans. It was stated that the office area would be facing the lake. Schwarz stated that
they are on the right track. Schwarz stated the proposed ice cream shop should be further off of the road
or closer to the other site. The Planner stated that it is just outside of the 100-foot buffer zone. He stated
that this is still in the development stage. The Chair would like to see a pedestrian friendly area. The
Chair would like to see a sidewalk. The applicant stated that he has waivers he may need to discuss in the
future with the board. The Planner stated that the applicant would be attending the next TRC meeting.
Nardella arrive at 8:46PM
Planning Board Warrant Recommendations(Not public hearings):
Articles to be reviewed by the Planning Board:
Article 20: Amend Section 8.8-Adult Use Zone of the Zoning Bylaw
Simons made a motion for unfavorable recommendation for Article 20 second bj Schwarz
Discussion none Motion carries 5-0
Article 21: Procedure for Review of Proposed Trash Transfer Facility Agreement
The Chair wants to know if the board has to take action since he indicated that this is not a Planning issue.
The Planner stated she would check into this and inform the board.
Article 23: Planning Board Study of Land north of Sutton Street on Rt. 125
The Planner stated the zoning task force has a similar study in place.
Simons made a motion for unfavorable action on Article 23 second b-y Schwarz Discussion none
Motion carries 5-0
Town Warrant Public Hearings
Article 41:Amend Zoning Bylaw Section 9.3 Pre-Existing Non-Conforming Single and Two Family
Residential Structures and Uses in the Residential 1,Residential 2,Residential 3,Residential 4 and
Residential 6 Districts(Non Conforming Uses)
Motion for favorable action on Article 41 second bj Nardella opposed by Schwarz 4-1 Discussion
none Motion carries 5-0
Article 45: Amend the Zoning Bylaw by Adding a New Section- Section 15 Planned Commercial
Development District. The Planner stated that minor modifications would still need to be made.
The board would like to see a funeral parlor and art gallery as a special permit. The board also stated no
more than 1 unit per acre of 12 units. The Planner clarified the verbiage with the board. Motion by
Simons for favorable action based on minor recommendations to Article 45,second by Nardella
Discussion none Motion carries 5-0.
rticle 46:Amend Zoning Bylaw Section 3.1 Establishment of Districts(Zoning Districts and
Boundaries)—Adding Planned Commercial Development District and Amending Table 1 and Table 2 of
the Zoning Bylaw Motion by Simons for favorable action for Article 46,second b_y White
Discussion none Motion carries 5-0
Continued Public Hearings:
54 Spring Hill Road—Frontage Exception
The Planner stated that this hearing was continued to allow drafting of a covenant restricting the amount
of developable lots on Lot 3.Mr. Christiansen passed out the restrictive covenant to the board members.
Simons asked for clarification regarding the total lots that would be available for house lots. It was stated
that the maximum lots would be 5. The Planer stated that the covenant would be forwarded to town
council for review. Motion b Simons to close the public hearin • second by White Discussion none
Motion carries 5-0
1789 Great Pond Road-Arnone—The applicant has requested a continuance to May 18'h.Angles
stated that he will give the applicant until the next meeting to resolve this issue or the board could vote to
deny this application.
New Public Hearings:
316 Johnson Street—Watershed Special Permit
Judy Reilly, Bob Daily and Rob Reinhold are here to address the board. Ms. Reilly stated she has lived in
this home for 11 years and she would like to make some additions to her home and redirect her driveway.
Ms. Reilly stated she is proposing to construct a garage,house addition,terraces, reconfiguration of
driveway area and extensive landscaping. The Planner stated that this is within the 100'Non-Disturbance
Zone. She stated the project would result in the increase of over 7,000 s.f of impervious area. Storm
water Management has been provided. Mr. Daley addressed the board and discussed the plans and design.
He presented the leaching pit and how the run off would be handled. The Planner asked if the applicant
would consider gravel driveways. Angles asked if the applicant would consider gravel. Simons asked
how far the nearest wetland was located. Mr. Dailey stated 45 in one area and 50 feet in another area.
Simons stated that under today's zoning this house would never have been built. He stated that since this
house is so close to the lake the board needs to consider the impact to the town's water supply. Schwarz
asked about the VHB review. The Planner stated the applicant needs a certification letter. The Planner
stated that the increase could not be more than 25%. The new area increase is at 24%. The Planner read
the VHB comments to the board. She stated that formal run off calculations needs to be presented to the
board. Simons asked if the Fossil filter would need maintenance? Mr. Daley stated no. The Planner
stated that soil samples should be done. Simons stated that the sewer connection would need to be a
condition. The Planner stated that 3%nitrogen would be required for landscaping and it is difficult to
locate. The Planner stated that the applicant is currently in the conservation process and she stated that the
board might want to wait until they have issued their order of conditions. The Chair stated to the
applicant that they should consider a reduction to the impervious area. He stated that the applicant needs
to consider gravel for the driveways. The Chair would like to see the final review from VHB and further
comments from the Planner. Simons asked for clarification of the current driveway. Mary Packard
addressed the board and explained the location of her driveway. The Chair continued this to the May
1$'h hearing.
Mylar Endorsement-Brooks School Faculty Housing Project
The board signed the mylars
Mylar Endorsement-North Andover High School Athletic Facility
Applicant has requested that the requirement to record the mylars be waived, as it will cost over$4,000.
The board stated the plans must be recorded. The board signed the mylars
Approval of the Minutes 312,3123,4/6,& 4/30
Motion ky Nardella to approve the April 20fe minutes as amended second by Schwarz Discussion
none Motion carries 5-0
Motion ky Nardella to approve the March 2 23 &April 6 minutes as written second b-y White
Discussion none Motion carries 5-0
Decisions:
Lots 2,3,4 Great Pond Road
The Planner reviewed the decision with the board. Motion by White to approve Lots 2.3,&4 as
amended second by NardeIla Discussion none Motion carries 5-0
Motion b-Y the Chairman to record the watersheds ecial permits,second by Nardella Discussion
none Motion carries 5-0.
Motion to adjourn at 10:23PM