HomeMy WebLinkAbout2005-05-03 Planning Board Minutes Town of North Andover to R
Office of the Director
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Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845 C
Heidi Gi-iftin
Telephone(978)688-9531
Division Dii-ectoi-
Fax(978)688-9542
I North Andover Planning Board
2 Minutes of the Meeting
3 May 3,2005
4 Location: North Andover Town Hall
5 120 Main Street conference room 2nd floor
6 Time: 7:00 PM
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8 Members present: Alberto Angles, Chairman
9 George White, Vice Chairman
10 John Simons
11 Richard Nardella
12 James Phinney
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14 Members absent: none
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16 Staff present: Heidi Griffin, Director CDS
17 Lincoln Daley,Town Planner
18 Mary Ippolito, Recording Secretary
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20 Chairman Angles called the meeting to order at approximately 7:00 PM.
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22 Warrant Article Public Hearing:
23 1 Article 39 - Amend Zoning Map Parcels with frontage on Turnpike Street From Their
24 Current Designations to Business 1 (BI) — Assessors Map Assessors Map 25, Parcels 2,
25 5, 6, 7, 8, 43, 44, 50, 53, Map 98C, Parcel 61, Map 98D, Parcels 20, 21,31, 37, 38, 40, 56,
26 57. (Petition of the Board of Selectmen)
27 Heidi Griffin presented on behalf of the Petitioner. The presentation gave a clear overview
28 of the particular parcels and lots that would be included in the rezoning to B-1. She stated
29 that the Zoning Task Force was created a year ago in order to work on particular-rezoning
30 issues. The purpose of the rezoning to B-I is to stimulate a tax base in the community. The
31 Board inquired if anyone has heard from the abutters. H. Griffin responded that a meeting
32 was previously held where a number of abutters expressed their concerns for rezoning the
33 area to Business 1. More discussion ensued between the Board and the audience highlighting
34 a number of issues including lot sizes, additional curb cuts, location of businesses to
35 established residential communities.
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37 Ms. Griffin requested that the Planning Board abstain from making any recommendation
38 tonight. She stated that if this goes to Town Meeting and does not pass, then the Town
39 would not be able to rezone the areas for the next two years. Chairman Angles would like
40 this to be postponed until the 130S has a chance to respond to the Planning Board comments.
Planning Board
Minutes of the Meeting
May 3,2005
Page 1
1 The Board will postpone making any recommendation for this article tonight. A
2 recommendation would be made on May 9tl'.
3
4 2. Article 18 - Amend Zoning Bylaw: Add New Chapter, Chapter 136--Newracks,
5 Placement, and Maintenance. (Petition of the DPW)
6 This article carne about because apparently a young child was physically harmed in some
7 way due to improper placement and lack of maintenance to a newspaper rack. Board agreed
8 to make no recommendation on Article 18 until May 9tl'.
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10 Continued Warrant Articles Discussions (from April 25t)
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12 3. Article 17 -Amend Chapter 178 Section 3—Wetlands Protection Exemptions. (Petition
13 of To;vn Manager)
14 Planning Board agreed to take no action on Article 17.
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17 4. Article 23 -Accept the Provisions of Massachusetts General Laws Chapter 44 Section 55C-
18 Affordable Housing Trust. (Petition of the Board of Selectmen)
19 Planning Board agreed to take no action on Article 23.
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21 5. Articles 31 —34 - Road Acceptance: Forest View subdivision. (Petition of Lianne
22 Cristaldi and others) Lincoln stated that the DPW is recommending favorable action on
23 article 31 thru 34. DPW reviewed the as-builts. Attorney Borenstein submitted a
24 memorandum from DPW confirming all construction items are 100% complete. Motion by
25 Richard Nardella, 2"d by James Phinney, the Planning Board recommends favorable action
26 on Articles 31-34, vote 5-0.
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28 6. Article 37 - Roadway Transfer: Timberlane Road—Transfer to the Board of Selectmen.
29 (Petition of David Fournier and others)
30 Lincoln stated the BOS voted for favorable action on Article 37. No one was present in
31 opposition tonight. Attorney Bornstein was present to speak on behalf of Mr. Fournier. Mr.
32 Fournier asked this be put in the BOS control. The cul-de-sac may go to a town auction.
33 Motion by John Simons, 2"d by Richard Nardella,that the Planning Board recommends
34 favorable action on Article 37, vote 5-0.
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36 7. Article 40 - Amend Zoning Map Parcel fronting Turnpike Street—Assessors Map 25,Parcel
37 53 to General Business. (Petition of Scott Hajjar)
38 Mr. Hajjar stated this property is completely surrounded by General Business. As such, he is
39 asking the Planning Board to consider rezoning his property to the same. The Board is not in
40 favor of rezoning this one lot tonight. Chairman Angles would like the Zoning Task Force to
41 take this issue under consideration. The residents in this area should meet and agree to rezone
42 their property together. Mr. Hajjar doesn't want his property to be cluster zoned as he's
43 against it. Motion by Richard, 2"d by John Simons that the Planning Board recommends
44 unfavorable action on article 40, vote 5-0
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Planning Board
Minutes of tile Meeting
May 3,2005
e
page 2
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1 S. Article 43 - Amend Zoning Bylaw: Delete and Replace Language Within Section 4.2 Phased
2 Development of the Town Bylaw. (Petition of the Planning Boarrn
3 Chairman Angles briefly explained the burden placed on the towns by the State Supreme
4 Court ruling. He then discussed the information previously requested by the Board from
5 Attorney Tom Urbelis regarding the rationale for the added language to the Bylaw. Motion
6 by John Simons, 2nd by George White, the Board recommends favorable action on#43, vote
7 5-0.
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9 9. Amend Zoning Bylaw: Adding Section 8.9.13 Exempt Facilities to Section 89 Wireless Service
10 Facilities Wireless Service. (Petition of the Police Department)
11 Rich Boettcher, petitioner, was present tonight. He stated that the Town does not provide
12 adequate coverage with other departments due to the lack of towers. The intent of the bylaw
13 amendment is to expand the current network and eliminate the dead spots around town.
14 Lincoln Daley stated that there are other towns that allow a similar exemption for municipal
15 telecommunication facilities. John Simons eliminated the section exempting amateur radio
16 due to the redundancy in relation to MGL Chapter 40A Section 3. Motion made by John
17 Simons, 2nd Richard Nardella, recommends favorable action, vote 5-0 unanimous.
18
19 10. Article 47 -Amend Zoning Bylaw: Adding Language to Section 4.133 Allowed Uses to the
20 Industrial 2 District. (Petition of John. T. Smolak)
21 Mr. Smolak and Chris Huntress were present for this article. The purpose of the warrant
22 article is to expand the allowed uses within the Industrial 2 (I2) district and allow indoor ice-
23 skating facilities and indoor/outdoor athletic recreation facilities with a special permit. The
24 Planning Board voted unanimously to continue the article to allow the petitioner to modify
25 the language of allowable uses. Motion by George White, 2' by James Phinney
26 recommends favorable action, vote 5-0 unanimous.
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28 Continued Hearings:
29 14. 1003 Osgood Street, Modification to Watershed Special Permit to remove a youth
30 soccer field out of the zone. Board requested a draft decision. The applicant was instructed
31 to provide language concerning the open space restriction to the Town Planner and that he
32 incorporate the language into the final decision. The Planning Board instructed Lincoln to
33 incorporate the f no buildings, parking, structures, and no construction should take place or
34 be allowed at any time etc. into the final approval. Motion by Richard Nardella 2 a by John
35 Simons to close the public hearing on 1003 Osgood St., vote 5-0 unanimous . See general
36 conditions A, page 4
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38 Motion by Richard Nardella, 2nd by John Simons to approve the site plan review special
39 permit modification with language as amended this evening, vote 5-0.
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41 Motion by George White, 2nd by Richard Nardella, to approve the Watershed Special Permit,
42 vote 5-0. Board instructed Lincoln to see letter C under findings of facts and for Lincoln to
43 insert a covenant into decision.
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45 15. 2009 Salem St.-PRD & Special Permit and Definitive Subdivision—8 single homes.
Planning Board
Minutes of the Meeting
May 3,2005
Page 3
1 Applicant's Engineer to submit conventional plan, and address TRC comments. Chairman
2 Angles expressed the desire to wrap this petition up there are too many continuances already.
3 The Board will agree to continue this until May 17, 2005. However, if the petitioner has not
4 submitted the revised information by then, the Planning Department is instructed to take
5 2009 Salem Street off the agenda and ask them to withdraw without prejudice.
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7 16. 1025 Osgood Street, Hearthstone Realty,3-story office building(Phase 2).
8 Lincoln Daley stated that the applicant is currently reviewing comments from VHB. MHF
9 was present on behalf of the applicant. The engineer presented the revised plans for Phase II
10 to the Planning Board. Board stated they want the mean high water level on the plan of land
11 checked out. The Board discussed the Watershed district and the 4 overlay districts in
12 relation to the proposed parking area. The plan states that parking is 33' to the wetlands line
13 and 100' to the lake. The Board wants the snow storage area to be placed on a different spot,
14 possibly move it to the bottom right and away from the lake. Traffic study should have been
15 submitted to VHB (Dermott Kelley did the study). The Board stated they want Con/Com to
16 measure all of the distances regarding the watershed and make the conditions relative to such
17 things as grass areas, the type of fertilizer, etc. The Board stated that a small surety band be
18 posted. This is done when there is a detention area, which could potentially over flow.
19 Chairman Angles wants the engineer to address VHB's latest comments from 4129/05. The
20 engineer explained the elevation plan and explained the changes to the plan. The Board asked
21 the engineer to stake a footprint of the building, as the Board clearly wants to see where the
22 building will be placed as well as the parking. The Planning Board will scheduled a site visit
23 9 am on Saturday. Upon a motion made by George White and 2"d by James Phinney to
24 continue this petition until May 17th meeting, vote was unanimous 5-0.
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26 17. Winter Street (one lot) Definitive Subdivisions and Watershed Special Permit for Claude
27 and Laura Elias.
28 Applicant's engineer to submit drainage calculations and plan for snow removal. Board
29 awaiting responses from DPW and Fire Department regarding driveway and access issues.
30 Joe Schwarka, Engineer, was present to speak. The Board stated because the stonewall is
31 already in place the applicant is limited as to what he can do. Chief Dolan's comments were
32 read into the record. The roadway needs to be built to the Town specifications. The Board
33 directed Lincoln Daley to put Jack Sullivan's comments in the decision such as the owner of
34 the property will own the berm, hydrant, entire street, water main, clearly state on the
35 decision, .no trash pick up, make everything to last in perpetuity. L. Daley was directed to
36 contact Chief Dolan via phone and put a follow up in the plan. The Board also directed L.
37 Daley to place some deed restrictions into the decision and be specific about the reasons why
38 the Board is allowing a smaller roadway than normal. John Simons asked L. Daley to
39 request a zoning opinion from the zoning administrator to determine whether the applicant
40 will need to go before the ZBA for a variance for work done within the Conservation Zone.
41 Motion by John Simons and 2nd by George White to continue this until the May 17th meeting.
42 Vote was unanimous , 5-0.
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Planning Board
Minutes of the Meeting
May 3,2005
page 4
I Public Hearing:
2
3 18. 1275 Turnpike St—(Five Boston Street) Bell Atlantic Mobile of Mass. Corp.,LTD d/b/a
4 Verizon Wireless.
5 Attorney Michael Giaimo presented on behalf of the petitioner. He stated that the tower is
6 located on top of Boston Hill and was originally constructed by MIT approximately 50 years
7 ago. He stated that his client wants to upgrade the existing wireless service facility by
8 installing 3 additional panel antennas and one dish antenna. The present equipment includes
9 some dish antennas belonging to Verizon. They were previously denied a special permit by
10 the ZBA and are front of the Planning Board seeking a special permit to allow the installation
11 of the antennas. Mr. Giaimo then briefly discussed the ongoing litigation issues involving
12 the telecommunications facility. He presented a picture of the Tower. As he explained, the
13 West elevation shows the"missing tooth syndrome". Attorney Giaimo presented a list of
14 waiver requests to the Planning Board. The Board asked that Attorney Giaimo to respond to
15 VHB's comments then the Board will be ready to make their decision at the May 17th
16 meeting. No one was present in opposition. Motion made by George White, 2nd by James
17 Phinney to continue until May 17", vote was unanimous 5-0.
18
19 19. 249 Marbleridge Road Belford Construction--Watershed Special Permit
20 Split existing lot into two lots, raze existing single family home and construct two new
21 single- family homes with driveway. The Board voted to continue until May 17, 2005
22
23 Mr. Dave Rand was present in the audience and came forward to ask if he could address the
24 Board regarding 249 Marbleridge Road. He stated that he represents the Ridgewood
25 Cemetery Association which is located on Marbleridge Road. He's woaxied about the
26 cemetery being flooded. The Board wants to make sure the drainage created on the new split
27 lots will be protecting the cemetery. This is an historical building probably built in the
28 1900's. Board discussed the future submittal of the ANR plan. If the applicant doesn't have
29 the ANR submitted by the next meeting,then the applicant has to withdraw without
30 prejudice. Board recommends they should bring this petition in front of the Planning Board
31 before they do anything with the ZBA. The Board will discuss this with the petitioner for
32 249 Marbleridge Road at the next Planning Board meeting. The Board instructed Lincoln
33 Daley to send a note to the Historical Commission and ask for their input regarding 249
34 Marbleridge Road.
35
36 Old Salem Village—Definitive Subdivision. Received VHB review. Will submit a request for
37 a continuance until May 17, 2005 Pl. Bd. meeting.
38
39 0 Methuen Street-Definitive Subdivision/duplex. Revised plans submitted on 4121105.
40 Will go to ZBA for a Special Permit to allow for a duplex. Requested continuance until
41 May 17, 2005 meeting.
42
43 1551 Osgood Street - Microwave Engineering- Site Plan Review Special Permit, proposed
44 warehouse. Plan of land submitted was not acceptable requires more information.(ZBA
45 granted a variance for dimensional relief.) Requested continuance until May 17, 2005 meeting.
46
Panning Board
Minutes of the Meeting
May 3,2005
page 5
I Upon a motion made by George White and 2nd by James Phinney, to adjourn this meeting at
2 approximately 11:00PM. Vote was unanimous . 5-0. Meeting adjourned.
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6 By order of the Planning Board
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10 Approved
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25 The Board reserves the right to take items out of order and to discuss and/or vote on items that
26 are not listed on the agenda.
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Planning Board
Minutes of the Meeting
May 3,2005
Page 6