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HomeMy WebLinkAbout2005-08-02 Planning Board Minutes 2 TOWN OF NORTH ANDOVER PLANNING BOARD /51 3 Minutes of the Meeting � 4 August 2, 2005 5 120 Main Street, 2°a Floor Main, Conference Room 6 7:00 PM 7 8 Members present: Richard Nardella, Chairman 9 John Simons, Vice Chairman 10 James Phinney, Clerk 11 Alberto Angles 12 Richard Rowen, Alternate 13 Members absent: none 14 15 Staff present: Lincoln Daley, Town Planner 16 Mary Ippolito, Planning Assistant 17 18 Chairman Nardella introduced the panel to the assembly. Chairman Nardella 19 stated that there was one request for a postponement until the August 16, 2005 20 Planning Board meeting: 0 Methuen Street, proposed duplex, definitive 21 subdivision, new legal notice required for 8116105 meeting, submitted a 22 continuance until 8/31105. One request to withdraw without prejudice, for 2009 23 Salem Street, 8 Single-Family Homes, PRD & definitive subdivision. Upon a 24 motion by John Simons, to approve the request for a withdrawal without prejudice, 25 2nd by James Phinney for 2009 Salem Street PRD & definitive subdivision, vote 26 was unanimous 5-0. 27 28 Discussion: 29 Lot Release: Lot 18 (a/k/a Lot 127, 11 Lancaster Road) Coventry Estates 30 Subdivision. 31 32 Atty. Lamb was present to represent the petitioner. He stated that the subdivision 33 is all built out and he only wants this one lot released. Atty. Lamb stated that the 34 title refers to lot 127 as I I Lancaster Road. This is a vacant lot. Board stated that 35 Lincoln should verify that this is not a non-buildable lot due to wetlands or 36 environmental constraints. Only then can the lot be approved and signed off. Look 37 for language such as, "May be deemed to be unbuildable." Also, the future owner 38 of the lot should check if a condition is built into the decision or covenant that this 39 particular lot could be a non-buildable lot. Board doesn't want to release the lot 40 tonight until everything is ok wait two more weeks before the final signoff. Atty. Minutes of the Meeting August 2,2005 Planning Board Page 1 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 1 Lamb will look at the subdivision approval plan and file that created this particular 2 lot. Check to see if there are required, unreceived easements on this particular lot. 3 Motion by John Simons, 2nd by James Phinney to recommend the release lot 18 4 subject to review by Town Planner of anything in the record that would preclude 5 releasing the lot. Vote was unanimous 5-0. Lincoln should verify that this road 6 had been accepted at Town Meeting. Get two signatures from the Board tonight 7 and hold off on one more signature before final release. 8 9 10 Discussion: 11 Presentation — 1600 Osgood (Lucent) Redevelopment Master Plan, 12 40R Overlay District (approx. 30 min). 13 Chris Huntress to present tonight. Atty. John Smolak is legal counsel for Ozzy 14 Properties. Property is located along 125 N. end of town. Access to 495 Ward Hill 15 connector, made up of 2M feet of building space. Set up for manufacturing and 16 assembly operations. 1.5M feet of manufacturing space. 169 acres all together. 17 Adjacent to commuter rail line. Epsilon flagged the wetlands on site, and Chris is 18 presenting w/Con/Com next week. Proposal to bring some new type of buildings 19 onto this campus. Provide for pedestrian and vehicle circulation. Encourage a mix 20 of uses. Restaurant, retail, office, residential, train station will be built. Plans to 21 update the existing storm water management system which is now antiquated. 40K 22 existing office space proposed. Develop existing courtyards and atrium for 650 23 residential units, 450 condos and 200 apartments therefore 25% affordable units 24 for 40R application. Ozzy will be developing site w/a potential national developer. 25 Atty. Smolak addressed the Board, he's scheduled to present for October 24, 2005 26 Special Town Mtg. and will have warrant article submitted by mid September. 27 Town will enter into agreement to retain an attorney who will retain peer review, 28 examine water, sewer, and infrastructure to confirm the agreement is satisfactory. 29 Between now and mid September develop a workshop on 40R and work with the 30 attorney and develop working groups to shape overlay district, a residential district 31 and commercial district, finalize by early September to file an application w/the 32 State to include site plans as well as zoning overlay for review, once it's approved 33 it will go to Town Mtg. Grant in the amount of$46K to cover these expenses will 34 be approved in a couple of weeks. Board would like to look at additional method 35 of moving vehicles in and out of the site; address this in impact traffic study. This 36 site accommodated 13,000 employees at one time. Proposed unified architectural 37 designed buildings both residential and commercial. Board wants the site plan 38 studies presented at the front end of the process, not at the end of the site plan 39 review process. Felipe Schwarz addressed the Board relative to what housing 40 types are proposed? What are 2 or 3 bedroom units going to look like, what point Minutes of the Meeting August 2,2005 Planning Board Page 2 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. I does the Town own the project? Atty. Smolak stated a mix of l and 2 bedroom 2 units are proposed, possibly some 3 bedrooms units. Town house, or single-family 3 houses will be looked at after the fiscal impact assessment and/or study has been 4 done. 5 6 Discussion 7 Charlie Carroll, new owner/developer for Molly Town Road proposed subdivision- 8 change in foundation size. 9 10 Mr. Dan Courvious, DK Engineering, presented to the Board. He wants to change 11 the previously proposed houses. Instead of garage under, there would be attached 12 garages. He presented a plan to the Board (his proposed footprint is slightly 13 larger, however, driveways are narrower.) Drainage impact is minor, Con/Com 14 requested drywells be installed on each building. In process of examining storm 15 water run off now. No change to roadway, or lot lines, only change to the 16 proposed houses. Board stated that the new plan looks like there is much more 17 impervious surface now. Buildings are approx 275 feet larger now. The new 18 grading goes back farther into the slope and looks like it is significant. Board 19 stated that this looks like it should be a modification to the Site Plan Special Permit 20 because of dimensional setbacks, grading, clearing, types of houses, topography 21 etc... This new plan warrants modification to the Site Plan Special Permit. Mr. 22 Carroll addressed the Board and stated he is going w/the smaller house w/garage 23 under. This was in conflict with the Engineer's previous comments. The Board 24 asked for clarification and was told that Mr. Courvious' statements were the 25 accurate statements. The Board had issues with the plan submitted tonight and the 26 conflicting statements (Garage underneath and garage attached). VHB will have to 27 review this all over again; Board stated that Mr. Carroll will have to submit a new 28 application for a modification. 29 30 Board wants to move to the Continued Public Hearings now and address "old 31 business" later in the evening. 32 33 Continued Public Hearings_ 34 Olde Salem Village, Site Plan Special Permit Remand (Extension until 8/16/05) 35 Lincoln stated all comments from VHB have been addressed. Letter read into 36 record by James Phinney, Clerk. Peter Ogren, Engineer stated he submitted a letter 37 at the last meeting addressing the remaining issues and that VHB will review in a 38 week's time. He stated he will go with a gravity sewer and a pumping station. 39 Board instructed staff to put language pertaining to the last minutes into the 40 decision. See sheet 16 for details of pumping station...strike lines 5 and 6 from Minutes of the Meeting August 2,2005 Planning Board Page 3 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. I the last minutes regarding road into subdivision...only put a 6 foot fill to cross the 2 culvert to make it work, otherwise it would be gravity sewer all the way.... 3 neighbor would like the sewer system to run thru his property and piggy back onto 4 Olde Salem village project. Ben Osgood is in negotiations w/ neighbor who wants 5 gravity sewer. Incorporate VHB's letter into decision. Motion by John Simons to 6 close the public hearing tonight, 2nd by Alberto Angles, vote was unanimous 5-0. 7 Board stated a plicant is to come in for a modification; 8 „' and put this wording into the decision. The Board is aware Qq'� 9 that everyone wants a gravity sewer. Mary to e-mail decision to the Board. 10 11 12 Impromptu overview discussion: 13 Atty. Howard Speicher was present and stated that he was hired to draft language 14 for the 40R application and that even w/funding we "Town" will get $600K for 15 adopting a 40R. He stated that pending in legislature right now there is a new 16 law called Chapter 40S application. 40S will provide additional education funding 17 to supply funding yearly per number of children in the housing units under the 40R 18 application. 19 20 21 Continued Public Hearing: 22 Microwave Engineering, 1551 Osgood Street Site Plan Review Special 23 Permit. Lincoln stated the review from VHB stated comments were addressed. 24 Draft decision for 812/05 Pl. Bd. Mtg. Bob Bartlett, Manager was present and 25 stated that the comments were addressed regarding drainage, dumpster, (whether 26 there was screening around it) Bob is not putting a fence around the dumpster. 27 And the June 28th date is the correct date for the Plan of Land. 28 Board read the draft decision tonight. No further items to discuss. Motion by 29 Alberto Angles, 2nd by James Phinney to close the public hearing, vote was 30 unanimous 5-0. Board stated some edits should be made to the decision: Page 4 31 shouldn't 3 be in front of 2.......add in number 2 provision of 5,000 dollars bond 32 put this in front of 2. Item 4 (during construction stock piling and materials) the 33 Board has received complaints about dust clouds etc, make applicants understand 34 the building inspector will have to take a look at the project, add this under 2 in the 35 bond area. Renumber starting w/number one, fix numbering. Motion by John 36 Simons, 2d by Alberto Angles to approve the Site Plan Review Special Permit for 37 1551 Osgood Street as amended this evening, vote was unanimous 5-0. 38 39 40 Continued Public Hearing_: Minutes of the Meeting August 2,2005 Planning Board Page 4 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 1 1025 Osgood Street, Hearthstone Realty 3-story office building (Phase 11) 2 Site Plan Special Permit, & Watershed Special Permit, Submitted extension 3 until 8/31/05. 4 5 VHB submitted review w/comments. No major issues. Board should address 6 comments tonight, Chris Tamula, Engineer presented to the Board. Such things as 7 25-year storm water however, should have submitted 10 years storm water. 8 Infiltration is to be sized for the 2 and 10 and 100 years storm water per N. 9 Andover bylaw. Chris can increase to an 8-inch pipe and discharge into 10 underground detention system. Board acknowledges they are in receipt of a 11 continuance from the petitioner until 8/31/05. Keep meeting open, draft decision 12 in time for next week's meeting. VHB's comments need to be addressed prior to 13 next meeting, get letter from VHB stating everything has been addressed 14 satisfactorily. 15 16 17 Continued Public Hearing: 18 125 Campion Road, Watershed Special Permit, Stabilization of slope Draft 19 decision for 8/2105 Pl. Bd. Mtg.Please note that the public meeting had been 20 previously closed. 21 22 Much discussion took place regarding an easement. Richard Kiminski, Engineer, 23 was present to address the Board and stated the easement issue needs to be 24 addressed prior to work commencing. . Street drainage from Campion Road 25 subdivision is a town road, not a private road, he's connecting to the end of it 26 stepping it down the hill, and outputting it short of the lake. Town is responsible 27 for repair of the easement up to the point of the current outflow. Board stated that 28 until and unless the road is accepted we wouldn't guarantee that the Town would 29 pay for all repairs to the proposed system. Board wants applicant to place a 30 performance guarantee bond at $5K and won't be released until we get the 31 easement in hand. Condition says all documentation must be submitted to Town 32 Planner for approval etc. Board says we expect to get an easement to get onto 33 property to repair property. Put this in decision Add 2A applicant must provide 34 easement to provide access.......keep D and make it E per Simons.....Motion by 35 John Simons to approve a Watershed Special Permit for 125 Campion subject to 36 the amendments discuss this evening, 2nd by Alberto Angles, vote was unanimous 37 5-0. Make sure applicant submits a bond for $5,000 on this first then go forward 38 with fixing problem. 39 40 Minutes of the Meeting August 2,2005 Planning Board Page 5 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 1° 2 3 Planning Board "Old Business": 4 5 1) CVS Pharmacy, Rte 114 — Board requested a letter be sent to CVS to reserve 6 the right to come back in and request further maintenance on the wall. 7 Board requested that staff submit a letter tomorrow. 8 9 10 2) Business Park located at airport - Decision has expired in June of 2005. 11 Planning Board directed Lincoln Daley to speak with Heidi Griffin to clarify 12 whether the Special Permit had expired or was an extension granted. Board stated 13 that staff will send a letter tomorrow stating that Special Permit has expired. 14 15 16 3 Cam ion Hall Road acceptance.- Board asked that Lincoln check with DPW to 17 discover what outstanding items exist preventing the road from being accepted. In 18 addition, the Board requested a list of all unaccepted roads in North Andover. 19 Lincoln working w/Tim Willett to work out all remaining issues to accept the road. 20 21 22 4 40R Overlay District - Board requested that Lincoln organize a workshop 23 involving the Merrimack Valley Planning Commission to discuss the 40R 24 Regulations at a future Planning Board meeting. Mark Garbowski is expert on 25 40R and Lincoln will work w/Mark to develop a workshop. Board should step up 26 to the plate and set up the meetings. Chairman Nardella will get involved in the 27 40R issue and he will lead it as well as work with John Simons on 40R. Dick 28 Rowen should take over the lead for the Rte. 114 rezoning issue, meet w/abutters 29 over a period of time. Alberto and Dick should work on the Rte 114 issues as well 30 as w/Jim Phinney. 31 32 33 INITIATIVES ARISING OUT OF MEETING: 34 1) Board stated that the gas station near Merrimack College and Rte 125 should be 35 looked at. Front of the lot is a mess, curbing is all torn up now, this is becoming a 36 used car lot and cars for sale etc. Have the owner come in front of the Board, 37 concerned about the use of the property. Let the owner explain the condition 38 of the gas station. Board directed Lincoln to take action on this matter. 39 40 Minutes of the Meeting August 2,2005 Planning Board Page 6 Note; The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. 1 2) As per a directive by the Board, The Board does not want VI-IB reviews 2 submitted after the Thursday cut off date. These rules have been in effect for many 3 years. Only with recent personnel changes have they been forgotten. The Board 4 instructed Staff to let all applicants know about our rules and instructed Staff to 5 apply them universally. Only direct request by Town Planner and concurrence of 6 Chairman/Vice Chairman may an Applicant be scheduled for a hearing after 7 receipt of information beyond our cutoff time. Suggest we work to a close of 8 business on the Thursday prior to the Planning Board meeting on Tuesday night. In 9 this manner the Town Planner will have sufficient time to review and investigate 10 items PRIOR to their hearing at a Board meeting. 11 12 Public Hearin s: 13 No new Public Hearings tonight. 14 15 Upcoming Planning Board meetings: 16 August 16, Sept. 6, Sept. 20, 2005 17 18 19 Motion by Alberto Angles, 2nd by James Phinney to approve the Minutes for July 20 19th, 2005 vote was unanimous 5-0. 21 22 23 Motion by Alberto Angles, 2nd by James Phinney to adjourn tonight's meeting. 24 Vote unanimous 5--0. Meeting adjourned at approximately 10:10 PM. 25 26 27 By order of the Planning Board 28 29 30 31 Approved 32 Minutes of the Meeting August 2,2005 Planning Hoard Page 7 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda.