HomeMy WebLinkAbout2005-06-07 Planning Board Minutes 2 North Andover Planning Board ``
3 Minutes of the Meeting
4 June 7, 2005
5 Location: North Andover Town Hall
6 120 Main Street, conference room 2nd floor
7 Time: 7:00 PM
8
9 DRAFT
10
11 Members present: Alberto Angles, Chairman
12 Richard Nardella
13 John Simons
14 James Phinney
15
16 Members absent: none
17
18 Staffpresent: Lincoln Daley, Town Planner
19 Mary Ippolito, Recording Secretary
20
21
22 Chairman Angles called the meeting to order at approximately 7:05 PM. Chairman Angles
23 stated that there were 3 requests submitted to continue until the June 21, 2005 Planning Board
24 meeting: 1551 Osgood Street, 0 Methuen Street and 2009 Salem Street.
25
76
27 Minutes:
28 May 17, 2005 _..The May 17t11 Minutes were distributed to the Board at tonight's meeting. The
29 Board stated that they would need to review the May 17'"Minutes at a future time.
30
31 Discussions:
32 Town of North Andover--Fire Department: Placement of Radio Satellite Receiver
33 On Antenna Station 2 located at 9 Salem Street
34 Chief Dolan was present to state that he was asking for waivers from a Section 8.3, Site Plan
35 Review Special Permit application and a waiver from Section 8.9, Wireless Service facilities.
36 This is the first step in the application process. A satellite receiver antenna will be located on an
37 existing lattice structure located at 9 Salem Street (Fire Station 2) The purpose of the antenna is
38 to provide sufficient coverage area around the Old Town Center near Fire Station 2. The Board
39 discussed the area and what radius would be picked up when the antenna is installed. Chief
40 Dolan stated that telecommunication has picked up all of the area from Middleton down to
41 Farnum Street and down to Johnson St. The Board instructed Mr. Daley to draft a waiver from
42 the requirements from the bylaw and have it ready for the Chief to review.
Planning Board
Minutes ofthe Meeting
June 7,2005
Page 1
1
2
3 Eaglewood Properties- Site Plan Special Permit Waiver Request, Construction of a Two-
4 Lane Bank Drive-Thru and Associated Curbing. Mr. Daley stated that this agenda item would
5 not be discussed this evening.
6
7
8 Thistle Road (Abbott Village Subdivision)—ANR-Lot Line Change
9 Ben Osgood Jr. was present tonight to address the Board. This is a request for a lot line change
10 on Thistle Road, which is part of Abbott Village subdivision. Mr. Daley added that the ANR
I 1 satisfies the conditions for the endorsement of the ANR plan. He also required that the easement
12 be added and reconfigured to the plan. Mr. Osgood reconfigured the lot and he reconfigured the
13 location of the house and the driveway, which was the reason for the ANR submittal. Upon a
14 motion by Richard Nardella, 2nd by James Phinney he Board voted to approve the ANR as
15 submitted, vote was unanamous 3-0. .
16
17
18 11.20 Great Pond Road, Brooks School- Special Watershed Permit—Construction of a
19 deck.
20 This is a request for a waiver. Board discussed what watershed protection district the proposed
21 deck is in(non-discharge). .Board stated that no need for a public hearing because the structure
22 is only a deck, and not a permanent structure there are no wetlands beyond 100' and proposed
23 deck will be built outside of the Conservation zone. Board stated for Mr. Daley to add some
24 language such as the deck is to remain impervious and shall not be enclosed or have a roof.
25 Upon a motion by Richard Nardella, 2nd by James Phinney that the Town Planner issue a letter
.16 for a waiver for a Watershed Special Permit as amended this evening for Brooks School, 1120
27 Great Pond Rd, vote unanamous 3-0.
28
29 All 4 members are now present: Time is now 7:30 pm.
30
31
32 1.775 Great Pond Road Special Watershed Permit—General Zone, - Construction of a
33 Carriage House.
34 Frank Giles, Surveyor, was present tonight. He stated that this is a request for a carriage house
35 a/k/a/a garage containing a second floor. No kitchen, bedroom or living quarters will be added
36 to the carriage house. The proposed carriage house is located outside of the watershed protection
37 district discharge zone, and the proposed structure is approximately 420'from the discharge zone.
38 Applicant to determine if he wishes to remain on septic or be placed on town sewer. Basically
39 applicant will use the carriage house for storage. Applicant will not cut any tress over 2'. The
40 Board stated that if the applicant were to request to be placed on sewer then Mr. Giles should be
41 placed on the agenda for a public hearing because the carriage house would then be built in the
42 non-disturb zone. Mr. Giles then would be required to submit a plan of land with a drawing
43 showing where the proposed structure would be placed. However, if the applicant wishes to
44 remain on septic then proceed with the proposed carriage house, only a waiver from the
45 watershedprotection district would need to be written by the Mr. Daley.
46
47
48 288 Winter Street-Watershed Special Permit Waiver request Construction of a deck.
Planning Board
Minutes of file Meeting
June 7,2005
Page 2
1 Mr. Smith was present tonight and stated that he wishes to construct a deck. Board stated that
2 Mr. Smith doesn't require a waiver in order to construct a deck as his property is located within
3 the watershed protection district general zone, therefore, he can work with the Building Inspector
4 and proceed accordingly.
5
6
7 530 Turnpike Street/Fitness For You Inc. —Site Plan Modification
8 Mr. John McGarry, owner of property, was present for discussion purposes. He stated that he
9 found a good tenant for this property and that the"fitness center" would be taking the balance of
10 the building at 530 Turnpike St. He stated that Fitness for You, Inc., will be located at 530
11 Turnpike Street in North Andover. It will occupy 10,500 s.f of a 14,700 s.f. building. Hours of
12 operation will be from 5:30 am to 9:30 pm, Monday thru Thursday and from 5:30 am to 9:00 pm
13 on Friday. These hours will allow clients the opportunity to exercise outside of their daily 9 to 5
14 work schedule. On Saturdays the facility will be open from 7:00 am to 6:00 pm and Sundays
15 from 7:00 am to 5:00 pm. Fitness For You, Inc. staff will work with clients on an individual
16 basis to demonstrate proper use of all equipment. This change does not require additional
17 parking spaces, it will require less parking spaces. Board stated this doesn't require a site plan
18 modification because there will be no change to the footprint of the building, or the parking lot,
19 the only change will be to the inside. Mr. McGarry can proceed to do what he wishes without
20 the special permitting granting authority of the Planning Board.
21
22
23 Lisa Lane, Map 98A, Lot 75 - Preliminary Subdivision, Two Single-Family Dwelling Units
24 Jack Hasham was present to discuss the project. Mr. Hasham submitted a preliminary plan of
25 land to show the two lots and to ask for waivers. The project would require a common driveway
16 off of a cul-de-sac. There is no public wafter at this end of Lisa Lane; if this subdivision is
27 approved then town water and sewer will be added to this area. Mr. Hasham has met with the
28 abutters and stated that they are interested and in favor of this project. Ben Osgood Jr. was
29 present and discussed the plan to the Board. This will require a private roadway, which will be
30 maintained by the homeowners. The Two homes will share a driveway;therefore, will probably
31 require a waiver for the sharing of a common driveway. Board discussed that because this is a
32 proposed subdivision with a roadway this would overrule a common driveway special permit.
33 Driveway is 16 feet wide. Board stated that Mr. Hasham should come in under a subdivision and
34 Board will waive the requirements for a common driveway. Mr. Hasham should talk with the
35 Engineer at to DPW, put this thru a TRC meeting. and review the comments with the Planning
36 Board. Extend the sewer line also. Board will condition the decision and wants houses to be
37 sprinkled.
38
39
40 Olde Salem Village—Site Plan Special Permit Remand—37 Dwelling Units
41 Board opened public hearing for Olde Salem Village. Atty. Speicher was present, Mr. Peter
42 Ogren, President of Hayes Engineering was present, Chris Huntress, Engineer was present to
43 speak this evening. Attorney Speicher stated that the engineer was advised to revise the plan in
44 order to show the 37 units in detail tonight. Mr. Ogren, explained the layout of the duplex units
45 and the single units. David O'Sullivan, architect submitted the drawings showing the units on a
46 separate plan. Every unit has a two-car garage included with the unit itself. Seventeen visitor
47 parking spaces are included for a total of 91 spaces. Mr. Hayes submitted a full site plan tonight
48 and advised that a copy will be sent to VHB for their review. Board discussed pumping station
Planning Board
Minutes ofllle Meeting
June 7,2005
Page 3
1 and forced main. Mr. Ogren stated that the DPW doesn't like this concept. Mr. Ogren submitted
2 a gravity sewer design pumping station back to 114 to carry the sewer. Condo assoc. would keep
3 up the pumping station and own it. Mr.O'Sullivan, Architect was present and described the 4
4 unit types such as type A, B, C &D, see plan submitted for specific details and stated that this
5 concept appeals to the"empty nester" group. Things can be done to change the roof line such as
6 add windows etc. to individualize the look of the dwellings. All units have a full basement.
7 Dermet Kelly, Engineer, was present and gave a review of a traffic study and basically stated that
8 now that number of unit sites has been reduced the number of vehicle trips would be reduced.
9 Existing guardrail extended across the fi-ont and eliminated a curb cut per Mass highway. Slope
10 is 3.0 %, which is less than the standard 4%. 122% of open space is available; discussed
11 common area and easements. Discussed visitor spaces for parking. Board stated that they would
12 like comments back from VHB in time for the June 21St meeting, as time constraints have to be
13 met. Mr. Gauthier, 1537 Turnpike St. was present tonight. Mr. Gauthier stated that he lives in
14 the area and it takes 15 minutes to get out of his driveway. He also stated that he has lived in
15 area since 1968, he could not walk thru the proposed subdivision property without having to
16 wear boots, stream is never dry the area is very wet, and if you eliminate all the tress in the back
17 of the lot the water will never be absorbed. Board stated that originally there was a proposal for
18 56 units and the PI Bd cannot stop someone from putting something on the property at some time
19 in the future. The units have been brought down from 56 to 37 units. The water issue will be
20 addressed by Mr. Burke and Mr. Osgood thru an outside consultant. Board will do a site walk
21 and asked Mr. Gauthier to show the Board where the water issue is. Engineer to stake out the
22 area and meet the Board to walk the area, will be staked out by the end of next week. Board
23 agreed to do a site walk on June 18"'at 8:00 AM. Upon a motion by Richard Nardella and 2' by
24 John Simons, the Board voted to continue this meeting until the June 21St meeting. Vote was
25 unanamous 4-0.
,?6.
27 The Board proceeded to discuss the following requests relative to bond releases and bond
28 reductions.
29
30 Delucia Way subdivision bond release and close out: Mr. Smolak, developer.
31 Upon a motion by Richard Nardella and 2nd by John Simons,the Board voted to release all
32 remaining money($25,000.00) in the bond account relative to Delucia subdivision, as the streets
33 were accepted at the Town Meeting of 2005 provided that all of the legal documents have been
34 approved by Town counsel. Vote was unanamous 4-0.
35
36
37 121 Carter Field Road(Lot 3). Karen&Thomas Zahoruiko, 121 Carter Field Road Upon a
38 motion by Richard Nardella and 2nd by James Phinney,the Board voted to release a form G bond
39 (for a pool) and close it out in the amount of$1,000.00,vote was unanimous 4-0.
40
41 Carter Field subdivision bond reduction: Thomas Zahoruiko. Upon a motion by Richard
42 Nardella, 2nd by John Simons to a partial release of$38,546.00, leaving a balance in the bond
43 account of$20,594.00. Vote was unanimous 4-0. (please note:: there is a discrepancy in the
44 amount that Mr. Zahoruiko submitted as a remaining balance.. The discrepancy amount to be
45 verified thru our Treasurer's office as soon as possible.
46
47
Planning Board
Minutes of the Meeting
June7,2005
Page 4
1 1.160 Great Pond Road (Brooks School) final bond release for Observatory Hill Faculty
2 housing project. Upon a motion by Richard Nardella, 2"d by John Simons the Board voted to
3 release and close out bond G in the amount of$2,000.00. Vote was unanamous 4-0.
4
5
6 Abbott Village subdivision bond reduction for Phase 1,2 & 3: Ben Osgood, developer.
7 Letter received from Jack Sullivan, DPW recommending reduction of bond release for Phase 1 in
8 the amount of$11,700.00, Phase 2 in the amount of$24,500.00; and Phase 3 in the amount of o
9 $51,000.00. Grand total to be released $87,200.00, therefore leaving a balance of$93,950.00 in
10 the bond account. Planning Assistant submitted a spreadsheet in agreement with the amounts
11 submitted by the DPW.
12 Upon a motion by Richard Nardella and 2"d by James Phinney to release a total amount of
13 $87,200.00, therefore leaving a balance in the account of. $93, 950.00. Vote was unanamous 4-o.
14 (please note: Board instructed Mr. Osgood to resubmit his bond reduction request in writing
15 indicating the dollar amount of each bond for each individual phase to be released, however, do
16 not included the interest accrued in any of the bond amounts.
17
18
19 Continued Public Hearings:
20 2009 Salem Street PRD - 8 Single-Family Homes, Definitive Subdivision
21 Chris Huntress was present tonight. He stated that he has not received a review from VHB yet
22 Mr. Huntress submitted a written request for a continuance to waive the time constraints until
23 July 31, 2005. Upon a motion by John Simons, 2"d by James Phinney, to agree to allow for a
24 waiver of the time constraints until July 31St'. Vote was unanamous 4-0.
25
�6
27 1025 Osgood Street, Hearthstone Realty 3-story office building(Phase 11)
28 Site Plan Special Permit&Watershed Special Permit
29 Chris Tumula, Engineer from MHF, was present tonight. He stated he did not receive comments
30 from VHB yet. Trak study needs to be addressed. Board discussed that the project has too big
31 a footprint for the area. Board did a site visit and feels that the project is too close to the wetland
32 and the lake. Because project is next to the lake there is no way to recharge any waste. This is
33 the largest commercial project proposed to be built the very closest to the lake in the history of
34 the Town. Chris stated that maintenance will be contracted out. Board wants a schedule to be
35 adhered to and submitted by Hearthstone in order to avoid contamination to the lake. Discussed
36 retaining walls within 50 feet of lake. Board walked the land and found it soggy and almost
37 seems as a swale is present which is undistinguishable from the rest of the land. Board discussed
38 the plan and the flow and direction of water. VHB review of 4129105 was discussed tonight,
39 proposed siltation fence was discussed, roof drains were not going into storm septer unit under
40 ground detention system, monitor should be assigned to project for construction activities.
41 Board requested that the applicant come back with a better plan to convince the Board this
42 project would work. Board stated that Mr. Daley should check 100 foot non-disturbance zone
43 see if retaining wall is exempt in this area. DEP standards recommend 100 feet for drainage
44 swale, what did Chris change for this issue? Get the signed review submitted by VHB stating the
45 issues that were addressed. Leave reserve area for parking. Board stated that there are 7 or 8
46 remaining issues left to be addressed by Chris at the next meeting. Board advised Chris to
47 address VHB's comments regarding traffic. No one was present in opposition tonight.
48
PlanningBoard
Minutes of the Meeting
June 7,2005
Page 5
1
2 Microwave Engineering, 1551 Osgood Street Site Plan Review Special Permit. Previously
3 Requested continuance until 6121105.
4
S
6 0 Methuen Street- Definitive Subdivision, Construction of a Duplex. Previously
7 Requested continuance until 6/21/05.
8
9
10 Public Hearings:
11 1600 Osgood Street Site Plan Special Permit
12 Ozzy Properties Construction of a 410+/- space parking lot
13 Chris Huntress, Engineer was present to discuss the proposed project. Construction of a parking
14 lot to service existing buildings. Two main entrances have no parking access. Lucent parking is
15 located on the North and South side of the existing building, they ran a shuttle bus to get
16 employees in and out. Detention basins area located at the front of the parking lot. This parking
17 space provides 113 of the requirements for parking for over 40,000 feet of office space. Board
18 likes this plan tonight. The Master Plan will use the entire parking lot for use, very shortly the
19 master plan will be ready to submit. Mr. Jack Barker, Osgood St. resident was present and in
20 support of this petition tonight. No one was present in opposition tonight. Still awaiting VHB's
21 comments regarding drainage. Mr. Huntress stated that he wants to sit down wNHB and get
22 their comments ASAP.
23
24 10 Commerce Way Watershed Special Permit—Sign Relocation
25 Vincent Grasso was present tonight. This is a request to relocate a sign within the Watershed
i26 Protection District. The business is a car wash and detail car establishment. He filed with the
27 ZBA to relocate a sign. Board stated that this is a minor modification only it can be done in the
28 office instead of coming in front of the Board tonight. Sign will be moved 30 feet from where
29 the sign was originally approved, it's moving closer to the street. Upon a motion by Richard
30 Nardella, 2nd by James Phinney to close the public hearing. Vote was unanimous 4-0. Upon a
31 motion by Richard Nardella, 2nd by James Phinney the Board voted to approve a minor
32 modification to move a previously approved sign and to relocate the sign at 10 Commerce Way
33 within the Watershed Protection District. Vote was unanamous 4-0. (please note: Board stated
34 there was no need for a performance guarantee to be filed with the Planning Department).
35
36
37 Decisions Rendered
38 Olde Salem Village Definitive Subdivision
39 (Public Hearing Closed 5117/05)
40
41
42
43 Winter Street Definitive Subdivision
44 (Public Hearing Closed 5/17105) Watershed Special Permit--Proposed Roadway
45 Watershed Special Permit—Proposed Single-family house
46 Board reviewed a draft decision submitted tonight.
47 Look at 19A....(for purposes of maintaining topo,) state the reasons why we are doing it: to
48 avoid any extra impervious surface.
Planning Board
Minutes of the Meeting
June 7,2005
Page 6
1 Look at 17... move this to very end and add condition of approval"no town services provided for
2 trash pick up and snow plowing and roadway maintenance.
3 19A reword it...put ZBA decision wording in here. B ...and DPW have not objected.
4 Upon a motion by Richard Nardella, 2nd by James Phinney to approve a one lot subdivision at
5 Winter Street as amended this evening. Vote was unanamous 4-0.
6 Board stated that the Watershed Special Permit for the proposed roadway is granted subject to all
7 the conditions and that the bond amount should include $1,000.00 for site plan.
8 Upon a motion by Richard Nardella, 2nd by John Simons, for conditional approval of Watershed
9 Special Permit for proposed roadway as amended this evening. Vote unanamous 4-0.
10 Proposed single-family residence: Upon a motion by Richard Nardella 2nd by John Simons to
11 approve a Watershed Special Permit for single family residence as amended this evening. Vote
12 was unanamous 4-0.
13
14
15 Open Public Hearings:
16 249 Marbleridge Road ANR Pian,Watershed Special Permit. Previously submitted a
17 continuance until June 21, 2005.
18
19
20
21 Planning Board Business:
22
23 Mylar was submitted to be signed by the Board for telecommunications at 401 Andover Street.
24 Planning Assistant stated that approximately 3 years ago the Board rendered a decision and
25 denied the applicant the authority to place the telecommunications antenna at the top of the
26 building located at 401 Andover Street.
27 Since recently the decision was overturned by the Court (see copy of litigation for the record) the
28 applicant has now recorded the litigation at the Registry of Deeds and is now asking for the
29 mylar to be singed by the Board. The applicant would like to record the mylar at the Registry of
30 Deeds and then come back in to work with the Building Department. The Board briefly
31 discussed the issue and then signed the mylar tonight.
32
33
34 Election of new Planning Board Officers
35 Nominate Richard Nardella to be new Chairman,term to start on 6/21/05
36 Nominate John Simons to be new Vice Chairman, term to start on 6/21/05
37 The Board voted unanimously in favor of the election of officers,vote 4-0.
38
39
40 Upcoming Meetings:
41 June 21, 2005
42 July 5, 2005
43 July 19, 2005
44
45 Upon a motion by Richard Nardella, 2nd by John Simons to adjourn tonight's meeting. Vote was
46 unanamous 4-0. Meeting adjourned at approximately 11:45PM.
47
48
Planning Board
Minutes of the Meeting
June 7,2005
Page 7
l By order of the Planning Board
2
3
4 Approved
5
Planning Board
Minutes of the Meeting
Tune 7,2005
Page 8