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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 "Minutes of the Meeting"
7 May 30, 2006
8 Senior Center 120R Main Street
9 7:00 PM
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12 Members present: Richard Nardella, Chairman
13 John Simons, Vice Chairman
14 Alberto Angles
15 Jack Green,
16 Richard Rowen, acting Clerk
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18 Staff present: Lincoln Daley, Town Planner
19 Mary 1ppolito, Recording Secretary
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21 Richard Nardella, Chair called the meeting to order at approximately 7:15 pm and
22 introduced the panel to the assembly and stated that Mr. Rowen would be arriving later in
23 the evening. Mr. Nardella explained the procedure to the assembly and announced the
24 following postponements.
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27 POSTPONEMENTS:
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29 245 Bridle Path,Map 64,Parcel 74, Denise Grasso, Watershed Special Permit to construct
30 a 24'x36' garage. First meeting date April 25th. Decision due: June 30, 2006. Petitioner
31 needs to go in front of ZBA first. (Continued from May 16, 2006). Postponed until June
32 20th PB meeting.
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34 Lisa Lane Map 98A Parcel 75 Application for a 2- lot Subdivision, Jack Hashem,
35 developer. First meeting date to be May 2nd. Decision due: July 14, 2006. (Continued
36 from May 16, 2006) Postponed until June 20th PB meeting. John Simons requested an
37 extension be submitted ASAP.
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41 PLANNING BOARD "OLD BUSINESS":
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43 Sherwood Drive/Jared IV Subdivision - Completion of subdivision roadway and tot-lot.
44 Lincoln stated that Gene Willis, of DPW &Alison McKay of Con/Com and himself did a
45 site visit around entire roadway. DPW can't produce an updated punch list of costs at this
46 time, however,hope to produce the list once the recent flooding issue has been addressed.
47 The Planning Department has not received any response from Mr. Janusz relative to the
Planning Board
Minutes of the Meeting
May 30,2006
Page 1
I letters to him via certified mail. Chair stated that he would like to schedule the PB to vote to
2 finish the work at the.Tune 201h PB meeting.
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4 Stone Wall, CVS Pharmacy located on Rte. 114/Turnpike Street- Chair will contact
5 CVS and talk with the Manager to find out what CVS will do to repair the wall, however, it
6 looks like some repair has already been done.
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8
9 DISCUSSIONS:
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11 Rte. 114 Corridor Development District Zoning Language—Discussion of amending
12 language in preparation for Town Meeting. Lincoln stated that Mr. McGregor who is one of
13 the landowner's along the Rte. 114 corridor had his attorney submit a letter regarding the
14 issue of 3K sq. ft. & the allowed use (letter for the record). Board briefly discussed the
15 choice of certain wording in the letter.
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18 Treadwell's Office Buildin2 Pro'ect 1025 Osstood Street Map 35 Lot 20 -Modification
19 to Site Plan Review Special Permit to change the building footprint and parking
20 configuration. Eric McCarthy to present. Complications from the FAA regarding the two
21 story proposed building. Now applicant wants to construct a one story building w/combined
22 parking area of ice cream stand and the existing farmhouse. Chair stated this is the most
23 sensitive piece of land in Town because it's on the lake, however, the petitions will have to
24 come back in again for a Modification Site Plan Review Special Permit. Chris Tamula,
25 engineer for MHF was present. Chris stated that the issue raised by the FAA and Lawrence
26 airport is relative to a shadowing effect of the building. Chris described the proposed plan to
27 the Board, an increase of parking spaces is proposed, moved driveway location, eliminated
28 retaining wall to allow better access to the proposed building. Issues regarding accessing
29 residential over commercial, shared driveway issue was discussed. Chris compared old plan
30 w/proposed new plan and stated that 15K s.f is proposed for the new building. From 93 to
31 106 for added parking spaces. Chair wants applicant to come in for a Modification to the
32 decision for a Site Plan Review Special Permit and legal notice etc. Joe Levis was present
33 and stated that he is the current owner of the farmhouse located next to Treadwell's. Board
34 stated what is going to happen to the abutting property when making one project?
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37 Merrimack College—Discuss a modification to the entrance and internal roadway.
38 Wants to relocate entrance from N.A. to Andover. Jonathan Austin, Architect, and Cathy
39 Noonan, Engineer were present tonight. Mr. Austin requested a waiver from a Site Plan
40 Review Special Permit. Wants to realign the main entrance intersection to Merrimack
41 College driveway leading into reconfigured existing roadways. Mr. Rowen is now here at
42 7:45 pm and asked what will the address be for the college either in N.A. or Andover?
43 Motion by John Simons, 2nd by Alberto Angles to waive the Site Plan Review Special
44 Permit process, vote was unanimous 5-0.
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Planning Board
Minutes of the Meeting
May 30,2006
Page 2
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I Community Preservation Committee article update - Mr. Simons stated the following
2 projects were funded: fire house on Main St.; library roof repair; Town Clerk's records at
3 Town Hall such as historical records; Reynolds Field; Steven's Pond rehab and tear down
4 of the existing structure, trying to get a lot of time donated to do so; debt. re-payment on
5 properties so far have already received $20K. Motion by Jack Green, 2nd by Alberto
6 Angles to recommend favorable action on Article#28, vote was unanimous. 5-0.
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9 Chane Community Preservation Act Surcharge - To see if the Town will vote to
10 change the Community Preservation Act Surcharge on real property from 3% of the real
11 estate tax levy against real property to I%. Motion by Alberto Angles, 2"d by Richard
12 Rowen, to take unfavorable action on Article#29, vote was unanimous. 5-0.
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15 CONTINUED HEARINGS:
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17 1. Warrant Articles
18 Article#40 Amend Zoning Map---Davis Street—Assessors Map 70—Parcel 18
19 From General Business (GB) to Residential 4 (R4). Joseph Levis to
20 present. Board stated they would wait until May 16th PB meeting
21 before taking a vote for action on this article. Joe Levis will withdraw
22 this article from the Town Meeting. Board recommends
23 unfavorable action,vote was unanimous 5-0.
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25 Article#43 Amend Bylaws 178, Section 9 - Wetlands Protection, Planning
26 Board to provide recommendation. Board recommends
27 unfavorable action,vote was unanimous 5-0.
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30 Article#44 Amend Under wround Utility Bylaw, Chapter 170. To see if the
31 Town will vote to amend Chapter 170, Section 3 ( C ) - Underground
32 Utilities to read "Downtown Area: Main Street from Sutton Street to
33 Merrimac Street, including 200 feet from Main Street for the
34 following side streets—Waverly Road, First Street, and Second
35 Street, all of School Street, and on Water Street from Main Street to
36 High Street". (Petition of the Board of Selectmen). Board required
37 more information and recommended to withdraw from voting
38 until Town Meeting.
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41 2. Cinpaular Wireless, 0 Chestnut Street-- Special Permit to attach antennas to centerline
42 height of 122' on existing 152' tower and to install 11'x 20' equipment shelter.
43 (Continued from May 16, 2006) Atty. Lacey present tonight and would like a vote from
44 the PB tonight. Put up to 12 antennas in one array. Chair stated the PB has heard many
45 scientists, advocates, opponents; and with the advent of the new communications act
46 wireless facilities have become like telephone poles. Cities and towns have a difficult
47 time disapproving locations especially when collocating. Chair asked for any comments
48 from the audience. Marie Swan, 95 Kara Drive, abutter was present. What's more
Planning Board
Minutes of the Meeting
May 30,2006
Page 3
I important a bylaw or a recommendation? She stated that if you let one in you will open
2 the door to add 12 more in, how many more antennas will be allowed in, once the leaves
3 fall from the trees on the hill then nothing will hide the towers and the antennas. Chair
4 stated Town goes in the direction of collocation, instead of building another tower.
5 Board stated that this is not within the purview of the PB to decide the health issues you
6 have stated tonight. Alan Swan, 95 Kara Drive, abutter stated that a similar case was
7 heard on the West coast, noisy, unattractive, too many antennas, etc., why not tet the
8 people decided the outcome of this petition? PB stated they are required to act on the
9 application in front of them now. PB has application in front of them; they are bound by
10 law to approve it or disapprove it that's what the PB has to deal with. Board made edits:
11 #5 prior to form U verification, under finding of fact, the visual is limited as the antenna
12 is limited,because of the over all structure, etc. Motion by Richard Rowen, 2nd by Jack
13 Green, to close the public hearing, vote was unanimous 5-0. Motion by John Simons,
14 2nd by Alberto Angles to approve for favorable action a Special Permit subject to the
15 amendments that the Board has gone thru tonight, summarize them that in fact 44 add
16 provision subject to granting a variance by the ZBA that the visual impact of antennas is
17 minimum that the SP is subject to the granting of the variance prior to building permit
18 issuance, vote was unanimous 5-0.
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22 PUBLIC HEARINGS:
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24 3. Stephen Smolalc 425 Waverly Road Map 22 Parcel 130 - Site Plan Review Special
25 Permit to construct a four unit residential dwelling into a three unit residential dwelling.
26 (Continued from May 16, 2006) Atty. Borenstein was present tonight and was before
27 the P B for a Site Plan Review waiver, this project was approved by the ZBA to replace
28 a dilapidated building, permit issued for a 4 unit residential dwelling. Building permits
29 were kept in the Building Department file and in this process it was noted that the PB
30 was not brought into the application process, Tony Capachetti, Engineer presented
31 tonight. Project to convert existing multi family into another multi family dwelling,
32 public water and sewer is present now. Proposed lot meets all required R-4
33 requirements as well as setbacks. There is an increase in the size of the building. Site
34 drains to a depression located in the front of property. Proposed three catch basins to
35 pick up the surface runoff,proposed impervious areas to operate in significant storms.
36 Lincoln asked for drainage talcs to be submitted to the DPW regarding drainage to
37 Shawsheen River? A foundation is now located on the lot, ZBA granted a permit on the
38 existing structure/stop order issued in early April, original structure has already been
39 razed. Atty. Scalise was present and stated the house was built in 1900, there were 4 or
40 5 units built at that time, This went to ZBA in 2002 and approved the rehab of the
41 building into 4 new units, PB wants to see the ZBA decisions. Chair wants a copy of the
42 first SP issued by ZBA and keep it on file. Footprint is increased by double the original
43 size of the building. Applicant is proposing 8K s.f. dwelling, there is ample parking.
44 Fire Dept has already signed off on the form U process per the current plan submitted.
45 PB is not able to see a drainage report tonight, so the issue of discharge needs to be
46 addressed. No dumpster is required on site. Atty. Borenstein to submit a drainage
47 review and a storm water calculation in time for the June 201h PB meeting and submit a
Planning Board
Minutes of the Meeting
May 30,2006
Page 4
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1 contour plan and a driveway plan. Robert Armstrong, abutter, during recent heavy rains,
2 he discovered that a puddle had formed on Mr. Smolak's property and now drained into
3 his property and formed a puddle, there are no hay bales to prohibit this puddling effect..
4 Mrs. Armstrong was present also and stated that the primary issue is safety of the site
5 it's been shut down and people stop and use the porter potty now because there are no
6 barriers of any kind it's an open site, no signage or identification in case of an
7 emergency and Mr. Smolak has failed to respond to their calls when there was an issue,
8 she requested that Mr. Smolak's name and phone number be placed on a sign. Board
9 asked that Mr. Smolak put a couple of horses and caution tape up now. When will a
10 berm and hay bales be put on site? Tim Picard, 447 Waverly Rd., abutter, stated that a
11 drainage easement is working fine now. Atty. Borenstein stated this is all about getting
12 this project back on the track and he'll talk w/Lincoln to get a list of items required.
13 Continued to PB June 20th meeting.
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17 4. 1503 Oseood Street, Map 34, Parcel 7--- Site Plan Review Special Permit to redevelop
18 a portion of the property to construct an automobile service station for gasoline sales
19 with no automobile repair, retail convenience store and deli, and drive-thru doughnut
20 shop. (Continued from May 16, 2006) Atty. John Smolak was present tonight. Dave
21 Murray& Chris Huntress, Engineer, John Lineman, Architect were all present tonight.
22 Site is 6 acres, bordered by Orchid Hill Road and Osgood St., located across from 1600
23 Osgood St., and across from Triple A office. It's in B-2 zoning district. Includes two
24 existing residential dwellings, along w/sheds. Proposed to remove existing buildings
25 and other structures and replace w/3700 s.f. Colonial style structure, convenient store,
26 deli, etc. Will include 5 dispensers, overhead canopy, and located parallel to Rte 125,
27 Include underground gas tanks, contain landscaping along Rte. 125 to enhance
28 buffering, a single access off Rte. 125 to be lined up to SE entrance to Lucent facility.
29 Applicant has met w/Fire and Police Dept, and both departments have asked to
30 incorporate some changes. A number of possibilities for tenants now. Frank Montaro,
31 MHF Design, 25 foot grade drop, see plan. Made sure adequate access for trucks to
32 make deliveries on site. See plan. Much discussion ensued between the PB and
33 engineers. Chris Huntress presented landscaping plan, evergreens and ornamental trees
34 and split rail fence to go across main part of property. More plantings and trees on the
35 inside of the site as well. Chair wants more plantings along the side of the building and
36 provide more coverage. John Lymon, Architect, presented tonight. Described proposed
37 gas building. See plan. David Murray, owner presented. He would begin construction
38 before getting a tenant, the design is important to him, however, he has no problem
39 getting a tenant. Put screening around dumpster. PB stated make three spaces
40 "employee only parking". Board asked about vacuum spaces are they considered
41 parking spaces? If the PB wants us to count them as parking spaces then we will. Width
42 of drive is 16' on one-way drive; PB would like a wider drive area. They are currently
43 in front of Con/Com now. They need to address drainage issues via VHB review. They
44 have an emergency response plan set up in case of any spill on site. Continued to PB
45 June 20th mtg.
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Planning Board
Minu€es of the[Meeting
May 30,2006
Page 5
1 5. 586 Mass. Avenue First Calvary Baptist Church—Special Pen-nit to install 3 panel
2 antennas concealed within the existing church spire and 3 proposed equipment cabinets,
3 (Continued from May 16, 2006) Peter Morin, representative of T Mobile presented
4 tonight. This is a fully interior installation not visible from any part of the property. He
5 will be back in to address the Stevens Estate issue in the near future. Lincoln stated the
6 application materials are a complete application and they are asking for waivers.
7 Building Inspector submitted a letter stating this doesn't require a variance from the 600'
8 setback because it's within an existing structure a/k/a church spire (letter for the record).
9 PB wants something in writing from Town Counsel. Continue to PB June 20" meeting.
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13 DRAFTED DECISION;
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15 6. Arthur's Pizzeria 1060 Os ood Street Map 35 Parcel 29—Modification to the
16 approved Site plan Review Special Permit to construct a drive-through. (Decision
17 drafted). (Continued from May 16, 2006) Closed public hearing on May 2nd. Chair
18 stated Fire Chief was not in favor of this project for the record. Lincoln stated that he
19 spoke w/applicant engineer to revise the plan and submit it ASAP, Arthur stated that a
20 plan was dropped off on Tuesday, Town Planner is under instruction not to accept any
21 plans after the Thursday cut off date. Lincoln asked for changes such as the striping of
22 the drive thru area, actually lining the drive thru facility, labeling handicapped parking,
23 additional striping showing egress from the site, additional signage along side of
24 building. Arthur stated that there would be no curb to snake water move away from the
25 building. PB discussed the pros and cons of this petition. Chair would like to vote
26 tonight but condition it and must comply with the issues discussed between Lincoln and
27 the Engineer. Motion by John Simons to approve the Modification for a Special Permit
28 for 1060 Osgood Street conditioned on applicant complying w/changes requested by the
29 Town Planner, 2nd by Richard Rowen, approval by 3 Board members only. John
30 Simons withdrew his motion. Applicant to come back on June 20"'after Lincoln has
31 looked at the revised plan, applicant needs 4 votes to approve a SP other wise this will
32 be denied. Continued until the PB June 20 meeting.
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36 MINUTES: Approve the April 18, 2006 & May 2, 2006 "Minutes".
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38 UPCOMING PLANNING BOARD MEETING INFORMATION:
39 ➢ June 6t' PB meeting Cancelled due to conflict with Town Meeting.
40 ➢ June 20, 2006 regularly scheduled PB meeting.
41 ➢ July 18, 2006 regularly scheduled PB meeting.
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44 By order of the Planning Board
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47 Ap roved
Planning Board
Minutes of the Meeting
May 30,2006
Page 6
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