HomeMy WebLinkAbout2006-03-07 Planning Board Minutes 1
2 TOWN OF NORTH ANDOVER
3 PLANNING BOARD
4 "Minutes of the Meeting"
5 March 7, 2006
6 120 Main Street, 2°d Floor - Main Conference Room
7 7:00 PM
8
9 Members present: Richard Nardella, Chairman
10 John Simons, Vice Chairman
11 Richard Rowen, acting Clerk
12 Alberto Angles, member
13
14 Members absent: Jack Green
15
16 Staff present: Lincoln Daley, Town Planner
17 Mary Ippolito, Recording Secretary
18
19
20 Chairman Nardella called the meeting to order at approximately 7:10 pm and
21 introduced the panel to the assembly. Chair explained the procedure to the
22 assembly and stated that because Mr. Kotsirorus of 1060 Osgood Street has not
23 submitted any fiirther information to the Board the Planning Department should
24 take this petition off the agenda.
25
26 POSTPONEMENT;
27 Arthur Kotsirorus, 1060 Osgood Street, Map 35 Parcel 108, Modification to a
28 Site Plan Review Special Permit to add drive up window to existing pizza parlor
29 First meeting date: Feb. 7, 2006
30 Decision due May 5, 2006
31 Postponed until petitioner submits a new plan relocating where
32 the drive-up window shall be.
33
34
35
36 INFORMAL DISCUSSION:
37 Chatham Crossing subdivision as-built submitted for Street Acceptance.
38 Chair stated that Chatham Crossing requested to be continued until March 21 sc PB
39 meeting. Chair stated that the.petitioner should appear in front of the Planning
40 Board at the next PB meeting with a modified plan of land.
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42
Plnrning Buns
minttteg nfflii__*.Meed ig March 7 2006
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1 INFORMAL DISCUSSION:
2 Sherwood Drive, a street located within Jarred IV subdivision_has an issue
3 with completion of roadway.__ Lincoln stated that last year the residents living in
4 this subdivision wanted the streets accepted at Town Meeting because the roads are
5 in bad shape. Board expects that the developer is to build to Town specs or Board
6 will seize the bond. Lincoln stated that he spoke wlTown Counsel and was advised
7 to issue a letter from the Planning Board giving Mr. Janusz, builder, 45 days to
8 compete the road otherwise the Town will seize the bond. Board discussed that Mr.
9 Janusz's issue was that he didn't want to finish roads as long as trucks were going
10 over the road to build the pipeline, also that Mr. Janusz's other issue was to ask the
11 Planning Board to issue a letter noting that Mr. Janusz had reduced the total
12 number of buildable lots in order to provide a better development. Unfortunately,
13 Mr. Janusz didn't submit the required drawings to the Board to justify the higher
14 number of lots that were alleged to be buildable. Board instructed Lincoln to send
15 a formal letter of compliance to Mr. Janusz and give him 45 days to comply.
16 Think about taking bond money to fix road. DPW should take a ride out there to
17 see what needs to be done. Letter should be sent to PB noting findings. Mr. Janusz
18 must comply or Planning Board will seize the bond.
19
20
21 PLANNING BOARD "OLD BUSINESS":
22 Chair stated that he wants Lincoln to take a ride to Summer St. Did the developer
23 tear up the road to put in sewerage? Developer must fix the road it is a
24 washboard. Send a letter to Charlie Carroll, developer, and tell him to come in
25 front of the Board.
26
27 PUBLIC HEARINGS:
28 Rte. 114 rezoning discussion. Lincoln handed out a chart relative to the
29 differences between the proposed Corridor 1 and Corridor 2 zoning ammendments.
30 At the present time there exists a hodgepodge of zones in this area such as R-6,
31 Commercial and G-B. Submit handout for the record. There could possible be a
32 maximum of 3 new developments one acre each in Corridor 1. Through an
33 Adaptive Reuse provision, the Planning Board may waive dimensional
34 requirements to maintain same use and same dwelling etc. Corridor will provide
35 natural and maatatnade buffering and screening to preserve the character of
36 neighboring residential properties. Corridor 2, currently has 4 zones that exist in
37 this area B-1, I-1, V-C and R-3. Issue is to create a homogonous zone. Total
38 acreage is 159 acres. Planning Board wanted Lincoln to look at current allowed
39 uses and type them into the zoned areas. Does the new warrant article prohibit gas
40 stations? Check out gas stations. Board stated that there are residents on
41 surrounding streets that are not in favor of rezoning Rt 114. To provide a buffer
42 for residents the new zoning includes a green strip, 6'stockade fence, minimum of
Plnnuing Board
llinotes oFthe Meeting MnrCil 7,2006
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1 8' trees as a green barrier 1 buffer. Hillside is a feeder Street; there will
2 unfortunately be more traffic in years to come. Check out if there are any
3 alternatives to utilize other streets to take pressure off Hillside Road as a feeder
4 street. Board does not want to put in fast food restaurants along Rt 114 corridors.
5 Only small restaurants with proper seating etc. should be allowed. Adaptive reuse
6 zone doesn't extend to R-6 zone (time now is 8:pm). Board thanked Lincoln for
7 doing a wonderful job of putting together this presentation.
s Following issues were discussed tonight: Scott Hajjar was present and discussed
9 clause number 2 regarding restaurant usages. Mr. Hajjar stated that from a
10 taxpayer viewpoint he likes the idea of restaurants to be used on this corridor, he
11 wants to create language to address this issue. What is a definition of a fast food
12 restaurant. Board stated that if the restaurant doesn't have a drive thru and food is
13 consumed on the premises then it is not considered a fast food restaurant. Resident
14 on Hillside Rd. asked what is the difference between the Rt 114 corridors? Board
15 explained the dimensional requirements of both zones and the differences.
16 Resident stated that she's lived on Hillside for 20 years her issue is safety at the
17 corner of Hillside and she's not in favor of taking a left onto it or taking a right
18 onto it, she stated that there should be a public safety issue raised regarding
19 Hillside especially since she hears fire and ambulance vehicles all the time. She
20 suggested a no left turn sign be erected, if not a traffic light. Board stated that they
21 could only suggest that a commercial establishment put in a traffic light, however,
22 Board doesn't have jurisdiction on traffic lights, approval comes from Board of
23 Selectmen, State, etc. Resident, 164 Hillside Road, he deals w/Innis Street and
24 Rte. 114 every day and he was present to express his concern as he's part of a large
25 neighborhood of people who will be affected by the rezoning. What's to stop
26 someone from putting in a 40B project in this neighborhood? Board stated nothing
27 could stop a 40B from going in. If you sold your house tomorrow to someone who
28 wanted to put in a 40B nothing could stop it (time now is 8:35 pm). Board
29 addressed the issue of identifying the residents who are in opposition to the
30 rezoning by placing the green dot on the overlay presentation; it was an attempt to
31 identify neighbors who are opposed to the rezoning of 114. Attorney Joe Trombly
32 was present and addressed the Board regarding a drive-up window and if it should
33 be an allowed use for a proposed bank. Board advised that the residents of the Rt
34 114 area will have an opportunity to discuss their concerns with developers and
35 make recommendations back to the Board and to continue to participate in this
36 process.
37
38
39 PUBLIC HEARING:
40 Lot 1, Great Pond Road, Watershed Special Permit. Wishes to construct
41 single-family residence w/pool. Petitioner doesn't wish to be heard this evening
Plaming Board
ib innt 5 of the a k0ing Mfardl 7,'2006,
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1 because they are currently in front of ZBA. Requested a continuance until March
2 21 Board wants this moved to continued public hearings.
3
4
5
6 PUBLIC HEARING:
7 880 Osgood Street,_Watershed Special Permit. Wishes to construct 24'x20'
8 detached garage. Benny Osgood Jr. was present tonight. This residence is located
9 just before China Blossom on the left hand side. There are two houses located on a
10 steep driveway, built approximately 10 years ago, this home doesn't have a garage,
11 Proposed garage is located within the non-discharge buffer zone, which is located
12 on a steep piece of land and has a dense soil material. The water run off occurring
13 is minimal and shouldn't affect the watershed. DPW engineer submitted a memo
14 stating there is run off coming down the driveway. Put gutters on the proposed
15 garage to reduce the rate of flow. Redirect water run off out to side of yard then
16 run water downward away from abutting property. Owner was present and stated
17 that gutters exist on the house and he's willing to put gutters on the proposed
18 garage. Mr. Osgood to look to see if he can reduce the rate of flow by proposing to
19 put in a couple of infiltrators in the ground. Take existing gutters and run them
20 around the side of the house to the infiltrators to catch some of the run off of water.
21 Come back at the next PB meeting with a mark up of the plan of land, keep this
22 open until the next time, draft a decision once Mr. Osgood submits a marked up
23 plan regarding the mitigation runoff issue.
24
25
26 PUBLIC HEARING:
27 Lot 1.249 Marbleridge Road. Modification for a Watershed Special Permit.
28 Petitioner wishes to construct an in-ground pool and concrete patio. Benny
29 Osgood Jr. was present tonight. This lot is newly constructed cape which boarders
30 the cemetery, lot is still under construction and this house is not finished yet. Lot 1
31 is under agreement and buyer wants to add a pool and deck in the back yard,
32 Grading doesn't change, walk out basement is the same, pool doesn't absorb any
33 water but there would be extra run off from proposed deck, infiltration system does
34 have extra capacity in that it could take run off from the pool and deck. Mr.
35 Osgood talked to Gene Willis, DPW engineer, he wants to make sure that drive
36 way pitches away from roadway a bit so water doesn't run down Marbleridge
37 Road. Make sure chemicals are not being backwashed or noxious in any way. Bill
38 Barrett, developer, was present tonight and stated that he has someone under
39 contract to build this pool, Pool has a cartridge filter that comes out once a season
40 to get rinsed off and lasts for 5 years then it is replaced. Board directed Lincoln to
41 look at Dr Chatterjee's decision and the Saile Way decision to get wordage. Gerry
42 Brown, Building Inspector, submitted a memo stating that the applicant will
P[awting Board
N(inutes of t1m A Ieeting March 7.2006
Page 4
i require a variance from the ZBA as proposed pool property is within the non-
e disturbance buffer zone and requires a dimensional variance from 4.136. Row of
3 trees along the back has not been planted yet. Re-grading doesn't have to be done.
4 Board instructed engineer to add the fence located around the pool area on the plan
5 of land. Mr. Osgood asked to continue this to the 21't PB meeting. Board will
6 keep this petition open tonight. Mr. Dave Rand, Chairman of grounds committee
7 for the cemetery was present tonight. Mr. Rand requested a buffer zone on the
8 cemetery side of the property. Should a pool party be going on while a loved one
9 is being buried on the same day, the cemetery committee would like the buffer
10 zone to be put in ASAP to avoid this issue ...this involves planting a row of trees
11 plus a 75 foot conservation zone in place in this area. Mr. Barrett stated look for
12 the 3`d week of April for the tress to be planted. Keep this open until the next
13 meeting. Board thanked Mr. Rand for his care and concern in this matter on behalf
14 of the cemetery and commended him for being present tonight to voice his request.
15
16
17 CONTINUED PUBLIC HEARINGS:
18 NONE
19
20
21 MINUTES:Approve the February 21, 2006 "Minutes"
22 Upon a motion by John Simons, 2nd by Richard Rowen to approve the February 21,
23 2006 "Minutes" as amended this evening, vote was unanimous 4-0.
24
25
26 Discussion:
27 Board stated for the Planning Department to Schedule April 4' , 2006 for the
28 Planning Board meeting to accept the warrant articles. Joyce Bradshaw, Town
29 Clerk was present and stated that the Warrant will be issued in late March, Mrs.
30 Bradshaw handed out the list of articles and stated that she will e-mail the Board
31 the Warrant.
32
33
34 UPCOMING PLANNING BOARD MEETINGS:
35 March 21, 2006 - Regularly Scheduled Planning Board Meeting.
36 April 4, 2006
37 April 18, 2006.
38
39 Upon a Motion by Alberto Angles, 2nd by Richard Rowen to adjourn tonight's
40 meeting, vote was unanimous 4-0, meeting adjourned at approximately 9:30 pm.
41
42
Planning Hoard
Minute'$of the?uIn ting VnrEh 7,2006
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1 By order of the Planning Board
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3
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5 Approved
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Planning Board
Minutes o€the Rleditig March 7,3005
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