HomeMy WebLinkAbout2005-10-04 Planning Board Minutes I TOWN OF NORTH ANDOVER PLANNING BOARD "
2 Minutes of the Meeting r
3 October 4, 2005
4 Town Hall _ 120 Main Street
5 7:00 PM
7
8 Members present: Richard Nardella, Chairman
1
9 John Simons, Vice Chairman
to James Phinney, Clerk
11 Jack Green
12 Richard Rowen, alternate
13
14
15 Member absent: Alberto Angles
16
17 Staff present: Lincoln Daley, Town Planner
18 Mary Ippolito, Recording Secretary
19
20 Richard Nardella, Chair called the meeting to order at approximately 7:05 pm.
21 Four Board members are now present, however, John Simons should arrive
12 shortly. Chair explained the procedure to the assembly present. There are currently
23 5 petitions listed as postponements for tonight's agenda. They are as follows:
24
25 0 Methuen Street- Duplex -Definitive Subdivision
26 k,,ui. 4, 2005
27 Currently in front Con/Com until end of October
28 Withdrew without prejudice from ZBA
29 Keep on as postponement until further notice.
30 Submitted continuance until 10/27/05
31
32
33 205 Dale St., Watershed Special Permit— James & Sandra Timmons
35 Requested waiver from VIIB review.
36 ZBA continued until complete set of plans are submitted, j
37 Keep on as a postponement until further notice.
38
1
Minutes of the Meeting
October 4,2005
Page I
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 Lot 20A Bridle Path, Watershed Special Permit, construct single-family
3 residence within non-disturb zone.
4 1,111.. n l c e t k r j; r 8 u r ; Rl I I I�S III!A S 1'°e1()T I r N;I�f 4',N VIK'A I!I "Ir II{
5 Requested to be heard at November 1, 2005 Pl. Bd. Mtg.
6 VHB has not submitted review
7
8
9 Molly Towne Road Modification Site Plan Special Permit PRD Charlie j
10 Carroll.
1,� 11"",b d I A 1` 111 ,kI'` I III AI'"I) Y1 ;1".
12 VHB has not submitted review.
13
14
15 1025 Osgood Street Hearthstone Real 3-story office building Phase II
16 Site Plan Special Permit
18 Treadwell's postponed until 10/1.8/05.
19 VHB has not responded w/letter.
20
21
22 Board discussed the issue of why 1025 Osgood Street was postponed. Lincoln
23 stated that VHB didn't get their letter to the Planning Department in time for
24 tonight's meeting; only a draft letter is in progress by VHB. VBB is now
25 finalizing the letter ASAP. Board finds this unacceptable. Board advised Lincoln
26 to find out what other options are available. If it takes two weeks to write a letter
27 that's too long. Lincoln to write a letter to VHB for the Chair to sign expressing
28 his extreme displeasure noting they must be too busy to help us out and that's
29 troubling. Chair advised that there would be no more postponements on this
30 petition. Chair asked Lincoln to send the VHB contract to Jack Green for his
31 review.
32
33
34 Bond close out:
35 Country Club Estates subdivision. $28,200.00 + accrued interest. Planning
36 Department received verification of recording of all documents at Registry of
37 Deeds. All documents are in order per notification by Town Counsel.
38 Subdivision was accepted at Town Meeting in May of 2004. Mr. Grasso,
Minutes of the Meeting
October 4,2005
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.
1 developer, requested a close out of his bond and balance returned to him. Upon a
2 motion by Jack Green, 2"d by James Phinney, to close out bond "G" and to release
3 $28,200.00 + accrued interest to Mr. Grasso, developer, vote was unanimous 4-0.
4
5
6 Please note: John Simons arrived at 7:25 pm.
7
8 Discussion:
9 Steve Fiore to discuss placing "rezoning of property on Rte. 114 " article on
10 warrant at Special Town Meeting of December 5, 2005. This property is
11 currently owned by Mr. Digrazia. Mr. Fiore is currently paying a montly rent and
12 would like to rezone the property. Lincoln did a presentation slide show showing
13 where the property is located on Rte. 114. The property is currently zoned for I-1
14 zoning district.
15
16 Mr. Fiore stated that he would like to rezone the property to B-1 zoning district.
17 All of the dimensional requirements currently meet the requirements for B-1
18 zoning district. Mr. Fiore stated that when he rented the property he was under the
19 impression that the property had previously been used as a retail use. Mr. Fiore
20 stated that besides paying a monthly rent he had started painting and changing light
21 fixtures, etc. then he found out it was zoned for Industrial. Board stated they are
22 satisfied with the B-1 zoning district for this project. Chair suggested that possibly
23 rezoning could also be done all along this area in order to avoid any spot zoning.
24 Board instructed Lincoln to contact Mr. Digrazia and ask him if he is interested in
25 rezoning the rest of his property to B-1. Chair instructed Mr. Fiore to submit
26 warrant article to rezone to B-1 zoning district ASAP and that the Planning Board
27 will endorse it.
28
29 Discussion:
30 Chris Adams to discuss rezoning of property at 1591 Osgood Street, located
31 across from Lucent property. Chris Adams was present tonight and stated that
32 he is the owner of the property located opposite Lucent; Mr. Adams stated that he
33 has been paying taxes on the property for approximately 47 years. He wants to
34 further develop his property. He saw that Ozzy Properties plan to develop a 40R
35 development and he met with Chris Huntress and Lincoln Daley for further
36 information on developing his property and rezoning requirements. Mr. Adams'
37 property is currently zoned for I-S zoning district, he now wishes to rezone to the
38 same zoning district as Lucent I-2.
Minutes of the Meeting
a
October 4,2005
Page 3
Note: The Plasnting 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 Mr. Adams went into a brief summary of a previous project that he attempted to
3 undertake, that of a cold storage unit, however, due to circumstances beyond his
4 control the project was never approved. He stated that someone-else got the
5 approval for a cold storage unit before he did so that Mr. Adams lost out on the
6 project.
7
8 Chair stated that when moving forward with the Lucent development, the Board
9 should look to expand this project to abutting properties and to properties located
10 across the street, (especially if a train station goes in). Mr. Adams should not limit
11 himself to a small view of the redevelopment but maybe a larger view in order to
12 benefit himself as well as abutting properties. Chair instructed Lincoln to
13 coordinate a meeting with all of the property owners in this Lucent development
14 site and to see what zoning district they may want to be zoned to. Board wants to
15 be carefiil about what is included in the rezoning in this area. If property across
16 the street should be included then Board wants to make sure it gets planned
17 properly. Further discussion ensued by the Board regarding the creating of an I-
18 2+ zoning district; Board discussed use for the I-2 versus an I-2+ zoning district.
19
20 Board wants Mr. Adams to get together with the other property owner's and ask
21 them if they want to rezone. Lincoln to bring in the abutters to an information
22 discussion at the Board meeting soon. Mr. Adams to involve himself in the
23 abutters meeting with the Board. Subject of the meeting: to revise the I-2 zoning
24 district to create a new zoning district, put some new uses in it and change to I-2+.
25
26 Planning Board "Old Business":
27
28 Roadway located behind high school.
29 Chair stated he is in receipt of e-mail from our Superintendent's office that the
30 roadway located behind the High School is now open. Chair requested further
31 verification regarding the implementation of an emergency evacuation plan. How
32 does the plan work? Who will take responsibility for coordination of the plan?
33 Police and Fire are to be the keeper of the key? Lincoln to send a letter to Police
34 Chief and Fire Chief and expect them to respond regarding emergency issue.
35 Chair read a letter from Planning Board to Chief Dolan & Chief Stanley looking
36 for assurances of their plan to open the gate. Suggest a police detail at the end of
37 the street if necessary for an emergency evacuation procedure. Chair wants this
38 emergency evacuation plan information available in the Planning Department as a
Minutes of the Meeting
October 4,2005
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 public record. Chair also thanked our school Superintendent and our School "!
2 Committee for their work on this issue.
. 3
4
5 "Old Business"
6
7 CVS stone wall:
s Chair stated that the stonewall located at CVS Pharmacy is in disrepair again,
9 cement and more stonewall has crumbled and fallen down again. "They fix it and
10 it keeps falling apart". Chair stated get the wall fixed. Issue arose whether there is
11 bond money remaining in the bond account in case Board has to seize the money in
12 order to ensure that the stonewall gets repaired. Planning Assistant will check the
13 balance in the bond account and get back to Board with information.
14
15
16 Discussion:
17 A brief discussion ensued between the Board regarding the previous scheduling of
18 a 40R overlay district meeting. Chair stated that a mutual time should be
19 established for the Planning Board to meet with other attendees regarding this
20 project. Many of the Planning Board members work out of town, it's impossible
21 for them to leave work during the middle of their day to get to a meeting. Chair
22 requested that reasonable advance notice be given when scheduling a 40R meeting,
23 allowing the Board members a sufficient amount of time to fit the meeting into
24 their schedule and reasonable amount of time for travel tune to the meeting.
25
26
27
28 Continued Public Hearin s:
29
30 Turnpike St. & Waverly Rd, Walgreen's Pharmacy & additional building
31 Site Plan Review Special Permit
32 First meeting date: Sept. 6, 2005
33 Attorney Vin Manzi was present tonight. Atty. Manzi stated that he obtained
34 abutters list from N.A. Assessor's office and noticed in the Tribune to abutters in
35 North Andover. Atty. Manzi stated that MHF comments arose as to weather or not
36 Lawrence and Andover fell within the 300 feet to notice to abutters. He later
37 obtained abutters list from Assessor's office for Lawrence and Andover and then
Minutes of the Meeting
October 4,2005
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.
I noticed in the Tribune to abutters from both locations. Atty. Manzi then renoticed
2 to abutters in North Andover.
3
4 Atty. Manzi stated that he now requests to have all of the original paper work
5 resubmitted to the file as of tonight's date (10/4/0 5) and reopen the meeting as of
6 tonight's date (1014/05). Atty. Manzi requested permission to submit a withdrawal
7 without prejudice tonight. Atty. Manzi also asked if the Board will go fin-ther with
8 this hearing and waive the application refilling fees. Upon a motion by John
9 Simons, 2nd by Richard Rowen, to accept a withdrawal without prejudice for the
10 original application. Vote was unanimous 5-0 the withdrawal without prejudice
11 was signed and accepted tonight.
12
13 Please note. Any fees to renotice in the newspaper is not the financial
14 responsibility of the Town of North Andover and should not be absorbed by the
15 Planning Department.
16
17 Upon a motion by James Phinney, 2nd by Jack Green, the Board voted to open this
18 petition as a new public hearing as of 1014/05. Board will accept all data as of
19 today's date. Application for a Site Plan Review Special Permit under Section 8.3
20 & 10.3 & Planned Commercial Development District, Section 15.4.1 of the North
21 Andover Bylaw. Applicant seeks to construct two contiguous commercial
22 buildings, Bldg. #1 as a Walgreen's Pharmacy & Bldg. #2 for a proposed retail
23 use. Plan dated 8/4/05 & 9113/05 revision #1. Vote was accepted and unanimous
24 5-0. Mr. William Goebel, P.E. from Bohler Engineering was present to speak
25 tonight. Refer to previous minutes to recap his presentation. He stated that new
26 changes to sidewalks have been made, problem with a grade change provided
27 handicapped access put a sidewalk along Waverley Rd. and back along the back of
28 the parking spaces along Rte. 114.
29
30 Board wants more trees, and plantings to be added along the corridor wall area.
31 Board wants this area to be maintained. VHB reviewed project for additional
32 drainage issues. Other issue, delivery tracks and how they maneuver around the
33 parking lot aisle widths. Issue of awnings that were added to the front of the
34 building, there cannot be a name added to/on the awnings because it would
35 constitute a sign. Chair wants more plantings all over 3 1/2" caliber tree plantings,
36 put more plantings along the Waverly Rd. side. Engineer stated that he added
37 more than usual plantings and submitted a drawing showing the extra plantings.
38 Board asked Engineer to present this project with a better visual impact, maybe
Minutes of the Meeting
October 4,2005
Page 6
Note: Ilie 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 add a split rail fence, or a stone wall? Mr. McEvoy, Architect presented. The two
2 proposed buildings are to be joined together at one point. Proposed a connecting
3canape above both buildings. Glass window panels above and below wall.
4 Exterior, clapboard, texture to look like wood. Discussion ensued regarding
5 building materials w/the Board and the Architect. Time is now 9:30 pm. Bob
6 Vanase, traffic engineer, presented to the Board. Traffic is 30K a day at peak time;
7 Addressed TEC issues in Sept 05 letter. Board wants to know what stop and start
8 traffic will affect the 30K a day. It was noted by the Board that the engineer
9 reviewed the issue of a drive-thru restaurant. Board stated they wanted
10 confirmation from the applicant that a drive thru restaurant will not be proposed to
11 be built. Why was it not brought up earlier in the application process, now it's too
12 late to request a restaurant? Donate a frontage piece of land to Mass highway
13 issue was raised in the review; issue needs to be addressed by engineer. Expansion
14 of Rte. 114 may be required at the front of the area. Lincoln to visit Mass
15 Highway Department along w/traffic engineer, to get their input ASAP. Continued
16 until Oct. 18, 2005 meeting. Board acknowledged a written letter from Patricia
17 Ferris, abutter. Janet Ferris, daughter, was present and stated that the plan
18 presented this evening is not drawn correctly. She pointed out that Rte 114
19 currently turns into four lanes now, she stated that the plan submitted in incorrect,
20 and she lives in the area. Lincoln to do a site visit to check out Ms. Ferris'
21 objection to the traffic problem existing now. Fix traffic issues. Time is now 10:00
.22 pm. This petition will continue until the October 18th Planning Board meeting.
23
24
25 Initiatives to come out of the meetine;
26
27 Lincoln to check other options available for outside consultant to the Town.
28
29 Lincoln to write a letter to VHB regarding 1025 Osgood Street for Chair to sign.
30
31 Send VBB contract to Jack Green for review.
32
33 Lincoln to meet w/Steve Fiore and Mr. Digrazia regarding rezoning to B-1.
34 and for Steve to submit warrant article for Town Meeting in December.
35
36 Lincoln to set up meeting with abutters of Chris Adams' regarding rezoning to I-
37 2+.
38
Minutes of the Meeting
October 4,2005
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.
I Lincoln to send letter to Fire and Police Chief regarding coordination of
2 emergency evacuation plan.
3
4 Planning Assistant to check out remaining balance in CVS bond account.
5
6 Meet with Mass Highway Dept. regarding frontage at Walgreen"s.
7
8 Check out sidewalks and frontage along Rte 114 in front of Walgreen's.
9
10
I]. Approve the "Minutes" of the Meeting for August-16, 2005
12
13 Upon a motion by James Phinney, and 2nd by John Simons to approve the Minutes
14 of August '16th, 2005, vote was unanimous 5-0 " Minutes" approved.
15
16
17 Upon a motion by James Phinney, and 2nd by John Simons to adjourn tonight's
18 meeting at approximately 10:10 pm, vote was unanimous 5-0. Meting adjourned.
19
20
21 Upcoming Planning Board Meeting:
22 The Oct. 18, `005 Planning Boaiii-d rneefing will beleld dot the Senior Center.
23
24
25 By order of the Planning Board
26
27
28
29 Approved:
30
Minutes of the Meeting
October 4,2005
Page 8
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.