HomeMy WebLinkAbout2005-08-16 Planning Board Minutes 2 TOWN OF NORTH ANDOVER PLANNING BOARD„ ,
3 Minutes of the Meeting "
4 August 16,2005 ` '`
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5 120 Main Street,2"d Floor Main,Conference Room ro !
6 7:00 PM ;�W,. e,
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9 Members present: Richard Nardella, Chairman N
10 John Simons, Vice Chairman
11 Alberto Angles
12 Richard Rowen, alternate
13 Jack Green, new member as of 8116105
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15 Member absent: James Phinney
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18 Staff present: Lincoln Daley, Town Planner
19 Mary Ippolito, Recording Secretary
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22 John Simons,Vice Chair called the meeting to order at approximately 7:05 pm. John stated that
23 Chairman Nardella would join the Board later in the evening, however, the Board would move
24 forward with the agenda. John introduced Jack Green as our new member to the Board. John.
25 Simons explained the procedure to the assembly, and stated that there were two postponements:
26 1025 Osgood Street, Hearthstone Realty 3-story office building(Phase 11) Site Plan
27 Special Permit VHB review letter 8110105, submitted continuance until 9130105,petitioner
28 wishes to be heard at the September 6th meeting. Old Salem Village, Site Plan Review Special
29 Permit—REMAND received extension until September 23, 2005,petitioner wishes to be heard
30 at on Sept. 6"' meeting, a copy of the continuance is on file at the Planning Department.
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32 Lincoln stated that an appeal was filed against the ZBA relative to Old Salem Village and a copy
33 of the appeal was handed to the Board. An extension was presented by Attorney Speicher for
34 9123105; the extension is on file at the Planning Department.
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37 Discussion:
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39 Rezoning of 2370 Turnpike Street from I-1 to G-B.
40 Steven Fiore, of Andover Flower Farm was present. Mr. Fiore was present and wishes to rezone
4t the property that he is currently leasing at 2370 Turnpike St. He stated that after giving more
42 consideration to the rezoning he actually wishes to rezone to the B-2 zoning district instead of
43 rezoning to G-B. This parcel is located next to "Little Professionals" on Rte. 114. Mr. Fiore
44 wishes to use the space as a retail use to sell wine, beer, candy, bread& milk, flowers etc. This
45 is the last piece of property located on Rte 114 and the Middleton line; however, the building is
46 completely located in N.A. Mr. Fiore stated that he has been paying a large monthly rent and
47 would like to move this process along as quickly as possible. Board would like Lincoln to look
48 at uses in B-2 and ensure the use fits well with the zoning district.
Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are riot listed on the agenda.
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I Board wants Lincoln to check the highest possible use for parking; however, Board doesn't think
2 there will be a problem with the amount of parking. Mr. Fiore stated that a retail establishment
3 had been operating in this building for the past 25 years. Can this factor be applied as a pre-
4 existing use and grand fathered? Building Inspector should be consulted regarding pre existing
5 non-conforming use. He submitted a copy of the lease showing it was a retail use. Board stated
6 if he wants to rezone to B-1 or B-2 it would be his choice to take this to Town Mtg. in order to
7 rezone. Board can't approve the pre-existing non-conforming use. Check out the setbacks of the
8 existing structure relative to State highway requirements. Work w/Lincoln on the request for B-1
9 or B-2 instead of going w/non-conforming use. See Mike McGuire, Building Inspector.
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12 Planning Board "Old Business"
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14 1) Bond release to Lighthouse Realty Trust for project known as North Andover Business
15 Center for premises @ Lawrence airport bond amount $5K. James Cyrier of Lighthouse
16 Realty Trust submitted a letter requesting a bond release in the amount of$5,000.00. The project
17 was bonded for the North Andover Business Center for a site plan in the amount of$5K for
18 premises located at the Lawrence Municipal Airport. The petitioner did not exercise the Special
19 Permit within the two years allowed and stated that he will not go forward with the proposed
20 project and is now requesting a bond release. The Planning Department is in receipt of a letter
21 from Michael P. Miller, Airport Manager stating that Lighthouse Realty Trust re-graded the
22 property and that the re-grading meets with his approval. Upon a motion by Alberto Angles, 2"d
23 by Richard Rowen to approve the bond release in the amount of$5K including interest accrued
24 to Lighthouse Realty Trust, vote was unanimous 4-0.
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27 2) CVS Pharmacy, Rte 114— Staff to send a letter. Board reviewed a letter sent to CVS to
28 repair wall and landscaping issues. Board was satisfied with the letter for the record. Planning
29 staff stated that a request for a site plan bond release was requested by CVS. Board stated that
30 the site plan bond couldn't be released until the repair work is done. Check out decision for this
31 issue.
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34 3) 40R Overlay District—Establish committee for 40R review and committee for rezoning of
35 Rte. 114 review. Consultant to submit a draft by end of this month to the Board then Town
36 applies to the State for the application process. Simons wants not to be rushed into making a
37 decision on this, Simons wants to do a workshop earlier even by next week to work with
38 consultant. Board needs a month to review the material, and to provide input by the Board thru
39 workshop groups etc. Note to send Jack Green all of the 40R information we have. All of the
40 Town Boards will be involved in the entire 40R process. Lincoln to set up a meeting
41 w/consultant and the Planning Board, ZBA, Con/Com ASAP.
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44 4) Lot Release: (Lot 18 (a/k/a Lot 127, 11 Lancaster Road) Coventry Estates Subdivision.
45 Issue has been resolved. Lot 18 lot release form was signed by the Board. On behalf of the
46 owner Atty. Borenstein submitted a copy of an easement given by the owner to the Town relative
47 to Lot 18. The easement was notarized by Atty. Borenstein's office and filed with the Registry
48 of Deeds.
Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not fisted on the agenda.
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3 _Gas station near Merrimack College and Rte 125. Kinsman Service Station, 145 Andover
4 Bypass Rte. 125. Station is a licensed inspection station. Owner to address the Board regarding
5 condition of gas station. Lincoln advised that he had a conversation w/Mr. Kinsman who
6 advised that he is working w/the State for curb cuts. When he gets approval from the State he
7 will make the improvements to the site. Mr. Kinsman is confident he will complete the work
8 ASAP. Planning staff will keep this issue current until the improvements have been made to the
9 property.
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12 Impromptu Discussion:
13 Board member Angles discussed Rte. 114 rezoning issue. In order to move forward with the
14 rezoning issue of the properties affected on Rte 114 Alberto requested information such as lot
15 size, shape of lots, and what particular properties are going to be rezoned. Board wants to do a
16 site visit and requested this information be submitted by the Sept. 61h Planning Board Mtg.
17 Lincoln stated that the consultant for the 40R project would like to work w/the Planning Board
18 zoning task force and invite him to join the Board when they do their site visit to Rte 114.
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21 Continued Public Hearing:
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23 0 Methuen Street- Duplex-Definitive Subdivision, renoticed new legal notice. Submitted
24 continuance until 9/30105. Atty. Dom Scalise was present tonight. He stated that his
25 petitioner is in front of the ZBA and Con/Com. The Planning Board was concerned about the
26 lack of progress on this project. Atty. Scalise restated that this is a request for a one-lot
27 subdivision to build a duplex. He stated that he negotiated a purchase of a parcel of land
28 approximately 13,000 s.f. Mrs. Ventrillo of Wood Ave. is the seller and the property should be
29 acquired ASAP. Now the 0 Methuen Street lot is 20,000 s.f. Now the engineer can submit a
30 drawing showing that the proposed duplex can be swung around to make it a more acceptable
31 situated structure and make it appear parallel to the street. Now the Board wants landscaping
32 added to the plan. Fire Dept. is now satisfied because if the duplex is going to be sprinkled there
33 is no further need to enforce a cul de sac. Atty. Scalise has had a few meetings w/Con/Com
34 where he discussed that by buying a small parcel he can swing the duVex around as it fits better
35 and is a better looking project. Upon a motion by Alberto Angles, 2" by Richard Rowen to
36 accept an extension until September 30, 2005, vote was unanimous 4-0. Lincoln stated that the
37 issues were drainage. There are no requests for a variance with the ZBA they only require a
38 Special Permit from ZBA. VHB reviewed the drainage and made comments to improve the
39 drainage issues. Mr. Funaro, 402 Sutton St. abutter was present tonight. He submitted a letter
40 tonight in opposition, letter for the record. He stated that the issue of opening up of Methuen St.
41 will create a problem for his family; his lot is only 7K s.f. Safety, congestion, parking all over
42 Sutton St. and that traffic on the Methuen Street end is considerably faster than at the bottom of
43 Sutton St. People pulling onto Methuen St. are not looking either way and dropping kids off on a
44 paper street, he's concerned for the safety for his children. Maintenance is an issue, who is going
45 to maintain the street, vehicle traff c is an issue etc. Board stopped Mr. Funaro because the
46 Board is not here to hear this issue tonight. Come back again for the September 20th Planning
47 Board meeting and bring neighbors.
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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.
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4 Public Hearing:
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—James & Sandra Timmons, Requested waiver from
6 205 Dale St.,Watershed Special Permit
7 VHB review. Please note Chairman Nardella has joined the Board at 7:55 PM tonight. Mr. &
8 Mrs. Timmons wish to construct addition to single family residence requesting a Watershed
9 Special Permit located in non-disturb zone. Ben Osgood Jr. was present to represent Mr. j
10 Timmons, Mr. Osgood stated that Pembroke Landscaping Co. prepared the plan of land
11 submittal. This is a request for a 60'x24' addition, built house in 1973 & Mr. Timmons has
12 lived there ever since. Mr. Timmons works for the Town of North Andover and wishes to
13 remain living in North Andover. He wishes to store yard equipment in this proposed addition.
14 There are wetlands that drain down onto Dale St. and into the Lake, 51 feet from wetland is the
15 proposed addition, garage will be on a slab, he's proposing to level out the area,will require very
16 little grading, installation of a dry well to take roof run off. Sewer is scheduled to come up Dale
17 street in the next year, he's hoping to tie into sewer thru an easement over his property. Mr.
18 Osgood requested the VHB review be waived as this is considered a simple project just
19 construction of a garage. The Board is concerned that the entire second floor located over the
20 proposed garage could potentially become living space. The bylaw allows up to a 25% increase
21 in gross floor area of the proposed addition; this addition exceeds the 25%rule. This would
22 require the petitioner to go to the ZBA for a variance in dimensional relief. If it was less than
23 25% increase then the planning Board could handle this. Board issued a directive PUT THIS
24 ON THE LIST HOW COME THE 25% RULE APPLIES TO EVERYTHING ACROSS THE
25 BOARD, IF A GUY HAS A 10,000 S.F. HOUSE HE'S ALLOWD TO ADD AN ADDITION
26 LARGER THAN A GUY WHO LIVES IN A 2,000 S.F. HOUSE. The issue of this property
27 currently not being on sewer will change once Mr. Timmons hooks up to sewer, this could be
28 conditional upon approval. Mr. Osgood asked that the decision be conditioned that the proposed
29 garage be constructed as an addition to be used as a garage now and that it be used only for
30 storage. Moving into the upstairs is a future thing.....there isn't an exact date for the sewer to be
31 installed...Mr. Osgood stated the Building Dept. could issue a permit for a garage with no living
32 space to be used upstairs. Board wants Mr. Osgood to go to the ZBA because Mr. Timmons
33 needs a variance for living space larger than 25% of gross living space. Set up a TRC meeting
34 w/Mr. Osgood and have the DPW attend the meeting. Applicant to put together a plan as to
35 where he wants to go with this project and submit the proposal to Lincoln, mention sewer issue,
36 where does the sewer line run to and from. Keep this open tonight.
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38 Other Business:
39 Approve the minutes of the Meeting for August 2, 2005
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41 The Board would like the following change to be made to the August 2, 2005 "Minutes"....strike
42 the words"only if the pump station were to be added to the plan". The changes are duly noted.
43 Upon a motion by Alberto Angles, 2nd by John Simons to approve the "Minutes" of August 2,
44 2005, vote was unanimous 5-0.
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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.
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1 Upon a motion by John Simons, 2nd by Alberto Angles to accept the extension for 9123105, for
2 Old Salem Village REMAND, vote was unanimous 5-0.
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4 Chairman Nardella welcomed Jack Green to the Board and thanked Jack for giving us his time
5 and attention.
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7 Board stated that they have officially adopted Thursday afternoon as a cut off date for submittal
8 of any information to the Board. No information for submittal to the Board is to be accepted by
9 the Planning Staff after that day.
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12 Initiatives to come out of meeting:
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14 Do not release bond for CVS Pharmacy until repair of wall and landscaping issues are
15 done.
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17 Set up workshop relative to 40R application w/Planning Board and 40R consultant by
18 next week include ZBA, & Con/Com.
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20 Submit information to Board relative to size and shape of lots located on Rte 114.
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22 Include 40R consultant relative to rezoning of Rte 114.
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24 145 Andover Bypass Rte 125, gas station, keep issue current until improvements are
25 made on site.
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27 25%rule, Board wants to review this.
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30 Upon a motion by Richard Rowen, 2nd by Alberto Angles to adjourn tonight meeting, vote was
31 unanimous, 5-0. Meeting adjourned at approximately 8:30 pm.
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34 Upcoming Meetings:
35 Sept. 6th
36 Sept. 20th
37 Oct. 4th
38 Oct. 18th, 2005
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40. By order of the Planning Board
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43 approved
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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.
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