HomeMy WebLinkAbout2006-05-02 Planning Board Minutes 1'
2 TOWN OF NORTH ANDOVER
3 PLANNING BOARD
4 "Minutes of the Meeting"
5 May 2, 2006
6 Town Hall, 120 Main Street
7 7:00 PM
8
9 Members present: Richard Nardella, Chairman
10 John Simons, Vice Chairman
11 Alberto Angles
12 lack Green
13 Richard Rowen, acting Clerk (arrived later in the evening)
14
15 Staff present: Lincoln Daley,Town Planner
16 Mary Ippolito, Recording Secretary
17
18 Richard Nardella, Chair called the meeting to order at approximately 7:05 pm and
19 introduced the panel to the assembly. Mr. Nardella explained the procedure to the
20 assembly and stated that the Board would hear the Articles for the Town Warrant first.
21
22
23 POSTPONEMENTS:
24 None
25
26 PUBLIC HEARINGS:
27 7:00 PM - 7:30PM ARTICLE
28
29 Article#33 Establishment of Affordable Housing Trust Fund. George Koehler to
30 present. Board stated they would wait until May 2nd PB meeting
31 before taking a vote for action on this article. Mr. Koehler was
32 present to speak tonight. He explained the article to the Board. (See
33 the Town Meeting newspaper flier for description of this Article).
34 Mr. Koehler stated that a Trust would be created to organize an asset
35 and to promote municipal affordable housing. 1. Create an entity. 2
36 Create bylaws for trust. 3 Fund the trust. This warrant article only
37 references 1 and 2. Funding is another issue for another day in the
38 future. Motion by John Simons, 2d by Alberto Angles, to approve
39 Article#33 for favorable action, vote was unanimous 4-0.
40
41 Article#40 Amend Zoning Map—Davis Street—Assessors Map 70—Parcel 18
42 From General Business (GB) to Residential 4 (R4). Board stated they
43 would wait until May 2"d PB meeting before taking a vote for action
44 on this article. Atty. Scalise was present to speak on behalf of Mr.
45 Levis tonight. This property is located on Pleasant St., along wla
46 number of other dwellings that are commercially zoned. Petitioner
47 wants to rezone his property back to residential. Board stated that
Planning Board
Minutes of the Meeting
May 2,2006
Page 1
1' Mr. Levis would be creating his own hardship by asking the PB to
2 endorse an under sized lot. Atty. Scalise wants to go before the ZBA
3 for a Special Permit to allow for an undersized lot and/or a variance
4 and approach them first before going any further tonight. Board
5 agreed that Mr. Levis should go to the ZBA first and then be place
6 back on the PB agenda for May 16'11
.
7
8 Article#43 Amend Bylaws 178, Section 9 - Wetlands Protection. Article is not
9 describing enough information for PB to take a vote on this. Robert
10 Ercolini to present; however he was not present to do so. Chair stated
11 to hold off until later tonight. Mr. Ercolini did present, however the
12 Board stated they would continue this until the next PB meeting.
13
14
15 PLANNING BOARD "OLD BUSINESS":
16 Sherwood Drive/Jared IV Subdivision - Completion of roadway. Take appropriate action
17 on seizing bond. Lincoln will get a revised punch list fi-om DPW, know exactly what needs
18 to be done according to our decision let the PB choose what to spend the money on. PB has
19 not heard anything from Mr. Janusz at all on this issue. Board wants this bond seized
20 ASAP and not to wait any longer.
21
22 OLD BUSINESS:
23 CVS wall in disrepair—Atty. Manzi was not present tonight. Chair stated that he would
24 contact CVS directly.
25
26
27 DISCUSSION:
28 Mr. McGregor has an issue with the language relative to display of products regarding the
29 rezoning of Rte. 114 corridor, PB asked his Attorney Joe Trombly to rewrite the language
30 and submit it to Lincoln. Lincoln to look at this language and get back to PB
31
32
33 DISCUSSION:
34 Lincoln stated that the Planning Department should add Eric McCarthy to the next PB
35 meeting agenda to discuss a request for a modification for Treadwell's office building and
36 parking issue.
37
38 DISCUSSION:
39 Board was advised that Summer Street has been repaved and looks good. The issue of the
40 road repair is now closed.
41
42
43 DISCUSSION:
44 Lincoln advised the PB that Ace Hardware area now looks good. The issue of the debris
45 problem has been rectified and the issue of cleaning up the area is now closed.
46
47 DECISION DRAFTED:
48 Lot 1, Great Pond Road-Watershed Special Permit. Construction of a Single-Family
49 Home. Planning Board
Minutes of the Meeting
May 2,2006
Page 2
F To be voted on at May 2, 2006 PB mtg.
2
3
4 DISCUSSION ITEMS:
5 Open space: Jack Mabin, 5 Woodchuck Lane and member of Con/Com presented an
6 overview of the 2006 Open Space and Recreation Plan and asked the PB for their
7 endorsement of the plan tonight. See Mr. Mabin's handout for the record. The Board
8 thanked Mr. Mabin for his input and also thanked Pamela Merrill, Con/Com Assistant for
9 her efforts relative to this project. Motion by John Simons and 2nd by Jack Green to take
10 favorable action, vote was unanimous 4-0.
I 1 ANR Plan endorsement:
12 Parcel A Timber Lane—Town of North Andover owns a small piece of land, however, Mr.
13 Fournier wants to include the small Parcell with his own property in order to construct a
14 new family residence —Parcel A with 7,080 =/- s f, to be combined with 15 Timber Lane.
15 Atty. Donald Borenstein presented for Mr. Fournier and stated that Mr. Fournier
16 purchased the small piece of land to combine it with the Timber Lane property. Board
17 signed mylar tonight and approved ANR.
18
19
20 ANR Plan endorsement:
21 Walgreen's Pharmacy—changing 10 lot lines to combine 10 parcels into one large parcel.
22 (Mylar will be signed and ANR application approved and endorsed.)
23
24
25 Waiver of a Site Plan Review Special Permit for 425 Waverly Road,reconstructing a pre-
26 existing four unit residential dwelling into a three unit residential dwelling. Atty. Don
27 Borenstein was present to represent Mr. Smolak tonight. A building permit was issued to
28 reconstruct a 4 unit residential dwelling. The proposal didn't go thru the PB because they
29 didn't increase their footprint by 2,000 s.f Bill Christenson and Atty. Scalsie was present
30 also. This was an old run down building w/5 units in it. A SP was obtained thru ZBA in
31 2002 to renovate it. In 2004 they reduced down from 5 to 4 units and was reviewed by the
32 ZBA. Bill Christenson, engineer explained the site plan. 4 units proposed w/garages.
33 Drainage issues because land is low and has access/and easement and uses a common
34 driveway, which goes thru this property, look at bottom of site plan. Atty. Scalise was
35 present and stated it was an original wooden free standing building approximately 100
36 years old, broken up into small apartments, with a large lot about 26,000 s.f. In 2002 filed
37 w/ZBA to make it a 4 family and expand the footprint no variance required, however a site
38 plan review was required. The original structure was very old and dilapidated. The
39 neighbors were legally noticed and were all in favor if this project. Atty. Borenstein stated
40 if you add 2,000 s.f to existing multi family structure it requires a site plan review. Board
41 discussed that an argument could be made to waive it because it could fit in the gray area
42 for a waiver per the bylaw. However, Board was reluctant to make an exception and stated
43 that the normal procedure should be followed for obtaining a Site Plan Review Special
44 Permit. Chair suggested to open and close this the same evening and then done with it and
45 everyone has complied w/the bylaw. We will put him on the May 16"' meeting if he files by
46 tomorrow.
47 DISCUSSION:
Planning Board
Minutes of the Meeting
May 2,2006
Page 3
i Atty. Borenstein stated that another project would be discussed tonight. Small
2 development 40 units in R-6 zoning district. All lots have adequate frontage for this zone,
3 mix of single duplexes and double duplexes all approximately 2,000 s.£ for both size units.
4 This is a site review tonight. This is comprehensive permit in front of ZBA, which will look
5 like a subdivision. ZBA asking for opinion of PB on roadway. Bob Messina is the principal E
6 in this project.
7 p
8 CONTINUED HEARINGS:
9 1. Lot 1 249 Marblerid a Road Modification for a Watershed Special Permit.
10 Construction of in-ground pool and concrete patio. First meeting date March 7, 2006.
11 Decision due June 2nd. ZBA granted a variance on 4/11/2006 to construct a permanent
12 structure within Watershed. Continued to May 2, 2006 PB mtg. Lincoln stated that the
13 petitioner has satisfied all the criteria of the application and recommend that the PB close
14 the hearing tonight and edit the decision. Drainage system provided is adequate per Ben
15 Osgood Jr. Pool filter is a cartridge filer system; it's not a back wash type system. Motion
16 by John Simons, 2nd by Jack Green to close the public hearing tonight vote was unanimous
17 4-0. Look at 1 b. on page 2 this refers to landscaping. Add an edit regarding cleaning not
18 to affect the neighbor's grass. Motion by Jack Green, 2'd by John Simons to approve the
19 Modification for a Watershed Special Permit as amended this evening, vote was unanimous
20 4-0.
21
22 2 1060 Osgood Street, Arthur's Pizzeria—Modification to the approved Site Plan
23 Special Permit construct a drive-through facility. First meeting date February 7, 2006.
24 Decision due May 5, 2006. Continued to May 2, 2006 PB mtg. Atty. Randall was present
25 tonight. He was not present at the last board meeting; he submitted a letter to Chief
26 Dolan outlining his client's concerns. Atty. Randall stated that he nor his client met
27 w/Chief Dolan on this issue. Chair stated that they were disappointed by this
28 information. Lincoln stated that at the last meeting the PB was looking for alternative to
29 the design of the plan of land. The parking requirements and the aisle width and a safety
30 concern is the issue. The petitioner made the parking spaces vertical instead of making
31 them parallel. Board likes Arthur and his pizza and wants Arthur to succeed but making
32 accusations in the paper doesn't resolve issues, meeting w/people does resolve issues but
33 that unfortunately didn't take place. (Tiam Realty letter for the record) Chair read the
34 letter into the record the owner of the property Dr. Samuels stated he didn't want to
35 eliminate paring spaces. Board asked what will happen to the sidewalk? Atty. Randall
36 stated it will be eliminated, Board asked does the owner know this? Atty. stated yes. The
37 PB held up a picture of a large truck making its way around the aisle width. Chief Dolan
38 was present and stated that he did try to find the original order of conditions for this
39 building unfortunately it doesn't exist. Chief stated his interest is public safety; he's on
40 record that if an incident should happen at this facility that he voiced his concern relative
41 to a safety issue. Atty. Randall stated the picture indicates that the aisle width is large
42 enough for a truck and various size vehicles to maneuver around. Atty. Randall proposes
43 conditions such as: 1. Once fire alarm is activated no vehicles would be allowed to
44 approach window. 2. An employee will stand outside to make sure no one approaches the
45 window. 3. No customers will be allowed to place their order at the widow if there is a
46 fire. 4. No more than one vehicle will be allowed to approach the window at a time for
47 their pizza. PB suggested putting striping, directional arrows, no standing etc. Maybe
48 stripe the middle area for a travel lane. The owner stated he would indicate a sign be
Planning Board
Minutes of the Meeting
May 2,2006
Page 4
I included on the plan etc. Chief Dolan stated he would not agree with the suggestions that
2 the Attorney submitted tonight. Motion by Alberto Angles, 2"d by John Simons to close
3 the public hearing tonight, vote was unanimous 4-0. Board instructed Lincoln to draft a
4 decision and include the PB suggestions.
5
6 Please note: Richard Rowen is now present at 8:55 pm. p
7
8 Lincoln stated that the Planning Department should add Eric McCarthy to the next PB
9 meeting agenda to discuss a request for a modification for Treadwell's office building and
10 parking.
11 3. 0 Chestnut Street—Special Permit for New Cingular Wireless to attach antenna
12 centerline height of 122' on existing 152' tower and to install 11'x20' equipment shelter.
13 First meeting date May 2"d, decision due July 17th. Continued to May 2, 2006 PB mtg.
14 Lincoln state this petition was denied by ZBA because of setbacks from residential
15 properties appealed by applicant and is in litigation now, This is co-location on existing
16 tower already been approved by PB. Atty. Scott Lacey was present tonight to represent the
17 petitioner. He explained the request for the SP. Look at page 7 for the waivers requested.
18 Atty. Lacey gave a brief over view of the waivers relative to the application. PB satisfied
19 with the visual review of the co-location of the tower issue in relation to the bylaw. The
20 existing tower pre dates the bylaw; it isn't within 600 feet of an existing structure. Steve
21 Trotter, 380 Chestnut St. Tower is within 300 feet of his property; he submitted a petition
22. in opposition to the tower to the PB. He's afraid of the radiation impact of this tower. Issue
23 of not exceeding the FCC allowable limit was discussed. .06 %of Cingular's portion being
24 added to the Tower would be included in the FCC allowable limit. Thea Fournier, 247
25 Main St, was present and stated that she was in opposition. Ms Fournier submitted data to
26 the PB regarding non-thermal radiation and non-ionizing radiation and the effect on brain
27 and body especially when tower is located near schools. Ms Fournier asked PB to consider
28 the visual effect that the Tower will have in the community and devaluation of homes
29 located near the Tower. Ms Fournier stated that no study has ever been submitted
30 indicating that the Tower is a safe thing and not hazardous to the environment or to
31 residents to the community. Marie Swan, 95 Kara Drive, was present and in opposition.
32 Ms Swan stated that she was upset to see a legal notice for this from the PB, how can this
33 come in front of PB if the ZBA denied this petition? Ms Swan stated that she is a resident
34 of Kara Dr. for 13 years and the Tower didn't have all of the"stuff' on it then. Residents
35 want PB to stick by the rules of the bylaw and not to play Russian roulette with this Tower.
36 Alan Swan, 95 Kara Drive was present and in opposition. Mr. Swan stated that all the
37 facts have not been brought to the attention to the PB, issue of bandwidth to deliver
38 services, which means you need more power. Would you allow this antenna on top of a
39 school? It's the same thing as allowing the Tower as it is. Bob Ereolini, resident was
40 present and asked why go further to approve this SP now instead of getting an opinion
41 from Town Counsel or defer this matter until the ZBA matter is concluded? Board stated
42 there might be similar situations that applications are in front of the PB and ZBA at the
43 same time. PB to continue this until the May 161h PB meeting. Time is now 10 pm.
44
45 4. 245 Bridle Path, Watershed Special Permit to construct a 24'x36' garage. First
46 meeting date April 25th. Decision due: June 30, 2006. Continued to May 2, 2006 PB mtg.
47 Ben Osgood Jr. representing the petitioner the Grasso's. Lot created prior to the
48 Watershed bylaw. Petitioner wants to add a 3-car garage. PB asked engineer to make a
Planning Board
Minutes of the Meeting
May 2,2006
Page 5
I note not running utilities into upper level of garage and no living area can be added to the
2 garage. Condition that gutters are put in thru infiltrators. Petitioner went in front of
3 Con/Com and needs to put plantings to the left of the structure essentially to create a green
4 barrier. Lincoln wants Mr. Osgood to flag the intermittent stream on the plan and to do
5 the same w/Con/Com. Locate the pipe that goes under the cul de sac and then into a catch
6 basin. If petitioner wants to put water in the garage then put it on the plan now. Petitioner
7 to go to the ZBA and then come back to the PB to continue until June 20th PB mtg.
8 d
9
10 5. Lisa Lane 2- lot subdivision--Jack Hashem, developer. First meeting date postponed
11 to May 2, 2006 PB mtg. Decision due: July 14, 2006. Ben Osgood Jr. engineer was
12 present tonight. Mr. Osgood stated that he left many trees on the area to make it more
13 residential. See waivers for decision. Roadway width, turn around diameter, he will need
14 dimensional relief of 20 feet of the diameter from ZBA. See VHB's outline of waivers.
15 Jack Hashem was present and stated he will bring up water to service surrounding houses.
16 Gene Willis, DPW engineer submitted a letter dated March 30th, has this letter been
17 addressed? Mr. Osgood stated that he is working on addressing the letter and will look
18 into booster pump with Tim Willett/DPW, Mr. Osgood to submit letters to the PB
19 addressing all issues in time for next PB meeting. Bill DiAdamo, abutter, was present and
20 in opposition, he isn't sure if this is a buildable lot. There is a benefit in bringing in a
21 driveway instead of brining it in from a cul de sac. Suggested there are elevation and
22 drainage issues. He stated for the petitioner to deal with the variance issue first then the
23 PB issues. Is this a buildable lot? More discussion took place, however, the remainder. of
24 the discussion was not included by the Recording Secretary. Continued until next PB mtg.
25 Please note: per the Union contract the recording secretary is not allowed to stay past
26 11:00 pm at the PB night meetings.
27
28
29 MINUTES: Approve the April 18, 2006 "Minutes".
30
31 UPCOMING PLANNING BOARD MEETINGS:
32
33 May 16, 2006—Regularly Scheduled Planning Board meeting
34 Postponed the June 6th PB meeting due to the Annual Town meeting on June 5 & 6.
35 June 20, 2006—Regularly Scheduled Planning Board meeting.
36
37 Note: Lincoln to talk to Charlie Salisbury regarding Mr. McGregor, get Charlie to
38 approve it. Mr. McGregor's issue is no display of outdoor products.
39
40
41 By order of the Planning Board
42
43
44 Appro e
45
Planning Board
Minutes of the Meeting
May 2,2006
Page 6
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