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HomeMy WebLinkAbout2005-03-15 Planning Board Minutes d' Ew Town of North Andover r" o, %O RT" ? a+.{,E v6•, as x Office of the Director Community Development and Services Division 400 Osgood Street �s pOgnreorP 4y b North Andover, Massachusetts 01.845 �SSAC"uy�� Heidi Griffin Telephone(978)688-9531 Division Director Fax(978)688-9542 1 North Andover Planning Board 2 Minutes of the Meeting 3 March 15, 2005 4 North Andover Town Hall 5 120 Main Street conference room 2"d floor 6 Time: 7:00 PM 7 8 9 Members present: Alberto Angles, Chairman 10 George White, Vice Chairman 11 Richard Nardella 12 John Simons 13 James Phinney 14 15 Members absent: None 16 17 Staff present: Lincoln Daley, Town Planner 18 Mary Ippolito, Recording Secretary 19 20 Chairman Angles called the meeting to order at approximately 7:00 PM. 21 22 Discussion Items: 23 24 1. Bond release -Forest View Estates. 25 Lincoln Daley, Town Planner presented a letter from Tim McIntosh, VHB to the Board, 26 (receipt of letter) containing a spread sheet of a surety bond account with a remaining 27 balance of$746,761.51. The spreadsheet provided information indicating previous releases 28 from the original amount of the surety bond. 29 30 Attorney. Don Bornstein was present and stated that to date, only a portion of the paper work 31 for the Town Warrant article for street approval was complete. He further stated that the 32 required roadway acceptance materials and legal documentation for the streets within the 33 Forest View Estates subdivision has not been finished, but believes that they will meet 34 Friday's deadline. 35 36 The Board reviewed the spreadsheet information and made the following motion, Upon a 37 motion made by Richard Nardella to release the sum of$546,761.51, leaving a balance of 38 $200,000.00 in the surety account, 2"d by George White. Voting members present: Angles, 39 White, and Nardella, vote was unanimous 3-0. A 40 Planning Board Minutes of the Meeting March 15,2005 Page 1 y � I Board member Nardella recommended that Attorney Bornstein return before the Board once 2 the roadway has been accepted. The Planning Board will then vote to release the remaining 3 $200,000.00. End of discussion. 4 5 2. Rezoning of a 1503 Osgood Street from 1-1 to B-2. 6 Attorney John Smolak presented to the Planning Board. The property is located at 1503 7 Osgood Street directly across from the Lucent Technologies Building. The owner of the 8 property would like to rezone the property from 1-1 to B-2. Mr. Smolak stated that the 9 property was originally slated to be the site of an indoor soccer rink. Unfortunately,the use 10 did not come to fruition and now the owner would like to rezone the property to allow for 11 expanded uses. Mr. Smolak stated that the abutting properties located in the area are already 1.2 zoned for B-2 and this zoning designation provides for retail use. A warrant article would be 13 filed by week's end. 14 15 The Planning Board inquired about the potential uses for the property. Mr. Smolak responded 16 that no specific uses have yet been identified. Board Member Nardella stated that in the past 17 when the Board has agreed to rezone a property, the property owner would return seeking a 18 new zoning designation to fit a proposed use. The Board would prefer to avoid this. 19 Chairman Angles asked if Mr. Smolak would exclude other different uses for this property. 20 Mr. Smolak stated he wants to encourage a use for business retail to increase activity in the 21 area. 22 23 (Please note,Board member Simons is now present 7:15 pm) 24 25 Chairman Angles avowed that by rezoning one property surrounded by the Industrial 1 26 District might be considered spot zoning. Board Member Nardella asked Mr. Smolak to 27 contact other people in this area to gain their support. 28 29 3. Discussion of Rezoning Districts For the Town Warrant 30 Chairman Angles stated that a number of areas in North Andover are currently being 31 considered for rezoning. Most notable are the Police station, the (Greenery), and abutting 32 properties and specific parcels along Rte. 114. A general discussion then ensued between the 33 Board Members. 34 35 Board Member Nardella avowed that the rezoning efforts would require sufficient research to 36 better understand the appropriate designation for those areas. Board Member Simons further 37 questioned the rationale for the proposed rezoning of the Police Station and abutting 38 properties. He stated that rezoning this area to a General Business or Business designation 39 might not be the appropriate zoning designation. Further, no study has been conducted to 40 determine the appropriate zoning designation for the Police Station property. This property 41 is a sensitive buffer property abutting a major residential neighborhood on the other side of 42 Osgood Street and next to the Greenery building. Board Member Simons recommended that 43 the Town should work with the residents affected by the rezoning to address their concerns 44 and determine the appropriate zoning designation. Because the warrant articles will be 45 formally submitted this week, there is no available time to address the concerns raised. The 46 Board agreed to send a letter stating that the Board has serious reservations and that they Planning Board Minutes of the Meeting March 15,2005 Page 2 I I don't recommend the articles go forward at this time. Additional research is needed before 2 the Plamiing Board feels comfortable rendering a decision. 3 4 4. Board member Nardella stated that an issue came up with the emergency roadway located at 5 the high school. The roadway should be opened up for emergency situations, voting 6 elections, etc. Board member Nardella stated he would like a letter sent from the Planning 7 Board to the School Committee asking that they correct the situation. Chairman Angles 8 agreed to review the letter before the Planning Department distributed it, 9 10 Continued Hearings: 11 12 5. 121.1 Osgood Street-Modification for Site Plan Special Permit, Frank Terranova 13 Brian Pendleton, Engineer from TEC, presented the application to the Planning Board. He 14 addressed some outstanding issues with the Board. The Board read the draft decision 15 submitted by the Town Planner and stated that they would like these issues incorporated into 16 the final decision. 17 18 Upon a motion made by John Simons and 2nd by Richard Nardella, the Board voted to close 19 the meeting tonight. Vote was unanimous 5-0. 20 21 The Board advised the Planning Assistant to look up the surety information, verify that 22 $7,000.00 was posted in the form of an insurance policy, and roll over this amount from the 23 previously approved site plan review. The Board also recommended striking the reference to 24 an over-hang stated in the decision. 25 26 Upon a motion made by Richard Nardella and 2nd by James Phinney, the Planning Board 27 unanimously approved the decision 5-0 for a modification for a Site Plan Review Special 28 Permit as amended this evening. 29 30 6. Molly Town Road-PRD Special Permit& Definitive Sulbdivision/Minicucci 31 Chris Huntress, representing the applicant, presented to the Planning Board. Mr. Huntress 32 reviewed lots#7 and lot 415 from the conventional subdivision layout with the Planning 33 Board. The Board concluded that the required dimensional setbacks could be met for all 16 34 lots contained within the conventional subdivision layout. Mr. Huntress clarified that the 35 architectural renderings provided apply to the Planned Residential Development subdivision 36 plans previously submitted. The Board agreed that a condition be placed in the final approval 37 allowing minor revisions to be made by staff or the Board such as windows, doors, cedar 38 shakes, etc. Mr. Huntress stated that the residences are very similar to those built within the 39 Peach Tree subdivision. He then avowed that another set of reviews was submitted to VHB 40 on last Friday and he's still waiting for VHB's responses. The Board stated that a condition 41 should be placed in the decision requiring a 6'x 8' shed be placed for the children waiting for 42 the bus. 43 44 Upon a motion made by G. White, and 2nd by J. Phinney to continue this petition until the 45 next scheduled Planning Board meeting of April 5, 2005. The vote was unanimous 5-0. 46 Planning Board Minutes of the Meeting March 15,2005 Page 3 F 1 7. 0 Methuen Street-Definitive Subdivision/duplex, 2 Bob Daley, Engineer from Merrimack Engineering and representing the applicant,presented 3 to the Planning Board. After briefly summarizing the project, B. Daley requested a number of 4 waivers dealing with drainage design, road improvements to Methuen Street, and 15' 5 easements around the building. 6 7 Lincoln Daley stated the DPW prefers that a cul-de-sac be constructed at that end of Methuen 8 Street to allow vehicles (emergency and DPW)proper room to maneuver and turn around. 9' The current proposal and road design does not allow for proper access and maneuverability. 10 The proposed 15' easements would not allow DPW adequate access to maintain the drainage 11 system around the duplex structure. Further, the Fire chief stated he wants sprinklers 12 installed. Board Member Nardella preferred to see a sidewalk constructed on Methuen Street 13 or that the applicant contribute to the sidewalk fund in lieu of sidewalk. 14 15 The Planning Board asked the B. Daley to work with Staff and attempt to resolve the issues 16 involving the waiver requests and the overall design of the project. B. Daley stated that the 17 application will be submitted to the Conservation Commission and the Zoning Board of 18 Appeals (variance). Planning Department to ask for a copy of the waivers at the next 19 meeting. No one was present in favor or in opposition. Upon a motion made by George 20 White, and 2nd by James Phinney,to continue this petition until the April 5"i Planning Board 21 meeting. Vote was unanimous 5-0. 22 23 8. 2009 Salem St.- PRD & Special Permit and Definitive Subdivision—8 single famil 24 homes. 25 Chris Huntress, representing Chestnut Development Corporation,presented to the Planning 26 Board. Mr. Huntress stated that he is currently addressing outstanding items. He intends to 27 submit the conventional plan, address TRC comments, and apply for slope bylaw special 28 permit. Eric Loth, a representative for Chestnut Development Corp., stated that he will get 29 ready to submit a conventional plan soon. He requested a continuance to the next Planning 30 Board meeting to gather the information. Upon a motion made by Richard Nardella, and 2"d 31 by George White,to continue this petition until the April 5`h Planning Board meeting. Vote 32 was unanimous 5-0. 33 34 Steve Casey, resident from Websterwood Lane, requested that if the Board is going to grant a 35 continuance that they do it at the beginning of the evening, rather than at the end. The Board 36 agreed with Mr. Casey's point. 37 38 Requested Extension until April 8, 2005 Planning Board meeting. 39 40 9. Old Salem Village—Definitive Subdivision 41 It was previously noted that Ben Osgood would submit his engineer's review of the 42 Definitive Subdivision to VHB by 3122105. The Board agreed that a continuance will need to 43 filed by Attorney Speicher. 44 45 Requested Extension until April 8, 2005 Planning Board meeting. 46 Planning Board Minutes of the Meeting March 15,2005 Page 4 I 10. Old Salem Village-Site Plan Review Special Permit 2 It was previously noted that the Board would discuss only the Site Plan Review at the 3 3115105 Planning Board meeting. Attorney Speicher, representing the applicant,presented to 4 the Planning Board. 5 6 Attorney Speicher stated the reasons for the extension that was given to the Board. He 7 assumes that Town Counsel has submitted his opinion on zoning. Chairman Angles 8 responded that what Attorney Speicher presented didn't meet the requirement of the bylaw. 9 A brief dialogue then ensued between the Planning Board and Attorney Speicher regarding 10 the project's compliance under the Town Bylaw. I1 12 Board member Simons stated that he did talk to counsel about the process. Town Counsel 13 recommends that the Board should make a decision. Board member Simons stated that he 14 wishes to make a motion to close the hearing, 2' by Board member Nardella. Vote was 15 unanimous 5-0. Board member Simons stated that a draft decision would need to be edited 16 and should reference the plan at the end of the decision. 17 18 Upon a motion made by John-Simons to deny the Site Plan Review Special Permit request 19 for Old Salem Village for the reasons enumerated in the decision, 2nd by James Phinney. The 20 Planning Board then provided Lincoln Daley a series of edit to be incorporated into the final 21 decision. Chairman Angles asked if there was any further discussion and there was none. 22 The motion to deny the decision was unanar><aous 5-0. 23 24 Board member Nardella stated that Attorney Speicher should go thru the finding of the fact, 25 and read the draft decision. Attorney Speicher was given a copy of the draft decision at the 26 meeting. 27 28 11. 1025 Osgood Street, Hearthstone Realty Corp, {Treadwell's) Watershed Special Permit, and 29 Site Plan Review Special Permit for ice cream parlor and 3-story office building. Phase 1, 30 (ice cream parlor) Received review from VHB. 31 32 The Engineer from M14F and representing the applicant presented to the Board. He stated 33 that a number of changes had been made to the plan involving such items as relocating the 34 dumpster and parking layout. Under the proposal, signage and lighting plans would not 35 change and the parking lot should be repaired under Phase 1. 36 37 The Board stated that they would like to approve the Site Plan Review Special Permit and 38 also the Watershed Special Permit tonight. Upon a motion made by Richard Nardella and 2na 39 by George White, to close the meeting for 1025 Osgood Street for the Site Plan Review 40 Special Permit and the Watershed Special Permit for Phase 1, and to incorporate the changes 41 relative to parking, dumpster, repair parking lot, plantings into the decision. Vote was 42 unanimous 5-0. 43 44 The Board instructed Mr. Daley to edit the decision and bring it to the April 5"' Planning 45 Board meeting and to forward a copy of the draft decision to Eric McCarthy of Hearthstone 46 Realty for his review. Planning Board Minutes of the Meeting March 15,2005 Page 5 1 2 Requested a continuance for Phase 2 until April 5, 2005 meeting. Phase 2, (3-story office 3 building)was not heard this evening as the Board is still awaiting comments from VHB. 4 5 12. 165 Bridle Path - Watershed Special Permit m--construction of addition within non-disturb 6 zone of 795 s.f. of living space—Gabrielle Schmitt. . E 7 8 Closed this petition at March 1, 2005 Planning Board meeting. A draft decision was 9 presented tonight in favor of the Watershed Special Permit. Upon a motion made by George 10 White and 2nd by Richard Nardella to approve the Watershed Special Permit for 165 Bridle 11 Path, per some minor edits. Vote was unanimous 5-0. 12 13 14 13. 1551 Osgood Street- Site Plan Review Special Permit, Construction of 24,800 s.f, 15 warehouse to existing structure -Microwave Engineering Corp. 16 17 Mr. Bartlett, the petitioner, presented to the Planning Board. He is currently in front of the 18 Zoning Board of Appeals requesting a Special Permit at their April 12, 2005 meeting. Mr. 19 Bartlett stated that he will have a certified plan of land to the Planning Department in one 20 week. He submitted an architectural plan, but didn't have a registered plan of land. Mr. 21 Bartlett requested a continuance until the April 18th Planning Board meeting. 22 23 Mr. Bartlett asked the Planning Board if he could provide some background for the project. 24 He proceeded to state that Microwave Engineering makes passive radar components used in 25 high power radar system with a staff of 85 employees. The principal use for the building is a 26 warehouse that will be used to store raw materials and finished products. Mr. Bartlett is 27 proposing to add additional warehouse space to the existing building. He submitted 28 applications to the State. The State responded that no reason for additional traffic studies 29 will be required. Mr, Bartlett then went on to explain the parking layout around the site, 30 initial elevations, and a preliminary landscaping plan. Additional information such as the 31 hydrology study, drainage and storwater management plan, and list of chemicals stored in the 32 warehouse will be submitted at the next meeting. Chairman Alberto wants provisions for 33 future screening to be placed on the plan and to provide more details involving the 30' 34 maintenance easement along the edge of the property line. The Board may decide to conduct 35 a site visit. Upon a motion made by George White and 2"d by Richard Nardella, to allow for 36 a continuance until the April 19th Planning Board meeting. Vote was unanimous 5-0. 37 38 14. Other Business 39 Upon a motion made by Alberto Angles, and 2nd by John Simons, to allow the petitioner 40 from Lot 4 Willow Street to withdraw without prejudice, and also to reserve the right to 41 waive the fee. Vote was unanimous 5-0. 42 43 Upon a motion made by Richard Nardella, and 2nd by John Simons to approve the Minutes of 44 the Meeting for March,1, 2005. Vote was unanimous 5-0. 45 Planing Board Minutes of the Meeting March 15,2005 Page 6 F 1 Referring to the roadway at the North Andover high school, Richard Nardella directed the 2 Planning Department to get a copy of what the school committee stated concerning opening 3 the roadway. 4 5 Lincoln Daley stated that Heidi Griffin, Director—Community Development and Services 6 Division, gave him a draft for the rezoning. John Simons stated that he would review the 7 draft language for the zoning amendments. Upon a motion made by John Simons, and 2nd by 8 George White the Board voted to adjourn tonight's meeting at approximately 10:00 PM. 9 10 11 12 By order of the Planning Board 13 14 15 16 Approved 17 18 19 20 21 22 23 24 The Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the 25 agenda. 26 rni/desktopMarch 1,2005 Agenda Planning Board Minutes of the Meeting March 15,2005 Page 7 1 ..3 f tkORT4 Town of North Andover X�v, Office of the Planning Department Community Development and Services Division 400 Osgood Street CE,U' North Andover,Massachusetts 01845 htt2:1/www.Lo�wnofiiorthandover.comp (97$) 95 Town Planner F (978)688-9542 M-E-M-O-R-A-N-D-U-M TO: Roberta McGowan, Assistant Treasurer cc: Attorney Mark Johnson Pulte Homes of New England LLC FROM: Lincoln Daley, Town Planner DATE: March 18, 2005 SUBJECT: Request for partial release of surety bond for Forest View Estates Subdivision. Upon a motion made by Richard Nardella, and 2"1 by George White,to approve a partial release of the Surety Bond in the sum of$496,761.52,therefore, leaving a remaining balance in the Surety Bond account of$250,000.00 for Forest View Estates, subdivision located in North Andover, MA. The partial release is contingent upon the fact that the applicant will come back in front of the Planning Board to request the remaining amount $250,000.00 be released once the roadway acceptance is completed. The vote was unanamous. m0encrRoberwRelease HOARD Of APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ... ............. .. ................................... ............... ............... ........... ............. Forest View Bond Information Original Amount Reduction Amount Last date of bond letter %Released Forest View 1 1,500,000.00 750,000.00 7/21/03 1/2 Released (750,000.00) Amberville 375,000.00 7/23/04 112 Released 375.000.00 Bond#6066528 Original Posted: 11117198 - Forest View 11 152,400.00 None Noted Original Only 0 Palomino Drive Bond#SG6109 Original Posted:11117198 Forest View 111 95,502-00 None Noted Original Only 0 Amberville Bond#SL5256 Original Posted: 11117198 Forest View IV 83,859-51 None Noted Original Only 0 Palomino Drive Bond#929262655 Original Posted: 9110102 Forest View IV $40,000.00 None Noted Original Only 0 Amberville Bond#929283678 Original Posted: 11117198 as of 3/712005 TOTAL Surety$746,761.51 The Board will probably recommend that we hold $250,000.00 and release$496,761.51 see letter to Roberta for request of partial release of Surety.