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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