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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 "Minutes of the Meeting"
7 June 20,2006
8 Town Hall, 1.20 Main Street
9 7:00 PM
10
1 I Members present: Richard Nardella, Chairman
12 John Simons, Vice Chairman
13 Alberto Angles
14 Jack Green
15
16 Members absent: Richard Rowen, acting Clerk
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18 Staff present: Lincoln Daley, Town Planner
19 Mary Ippolito, Recording Secretary
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21 Richard Nardella, Chairman called the meeting to order at approximately 7:05 pm and
22 introduced the panel to the assembly and stated that there were 3 members present and he
23 would open the meeting.
24
25 Chair announced the following postponements:
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1 27 1. Jack Hashem, Lisa Lane, Map 98A, Parcel 75 - Two lot Definitive Subdivision. First
28 meeting date to be May 2"d, Decision due: July 14, 2006. Chair stated that Lisa Lane a
29 two lot definitive subdivision would be continued until the July 181h PB meeting.
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32 2. Denise Grasso, 245 Bridle Path, Map 64, Parcel 74. Watershed Special Permit to
33 construct a 24'x36' garage. First meeting date April 25th. Decision due: June 30, 2006.
34 Petitioner needs to go in front of ZBA first. Lincoln stated that the applicant wishes to
35 continue until July 18th meeting and does not wish to withdraw without prejudice.
36 Chair announced that 245 Bridle Path a Watershed Special Permit would not be
37 withdrawn without prejudice as the petitioner did not submit a letter requesting to do so.
38 Petitioner did not submit a Ietter to continue until the July 18 PB meeting, therefore the
39 Board was presented with a dilemma. Upon a motion by Jack Green, 2" by Alberto
40 Angles to condition to deny this application unless the petitioner submits a letter to
41 continue and waive the time constraints for the PB to bring in a decision. Board voted to
42 request the petitioner to submit a letter requesting to continue within 48 hours, if the letter
43 is not submitted then the Planning Board is instructed to revoke the condition and to deny
44 the applicant and to schedule another ad/hoe meeting prior to June 30, 2006. Vote was
45 unanimous.
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1 Planning Board
Minutes of the Meeting
June 20,2006
Page 1
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I PLANNING BOARD "OLD BUSINESS":
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3 3. 530 Turnpike Street. Chair read a letter from Mr. Mc Garry requesting that his bond for
4 a site opening of$5K be released. Mr. McGarry submitted a letter from his engineer
5 and an as-built plan of land for 530 Turnpike Street, construction of an office building.
6 Motion by Alberto Angles, 2nd by Jack Green to release all bond money plus accrued
7 interest to Mr. McGarry relative to 530 Turnpike St; vote was unanimous. 3-0,
8
9
10 4. Sherwood Drive/Jared IV Subdivision - Completion of subdivision roadway and tot-
11 lot. PB wishes to seize bond money to repair road. Lincoln stated that steps are being
12 taken to research how to seize bond money and was advised that the process should go
13 thru Town Counsel. If the amount of the bond is over$100,000.00 an article will need to
14 be placed on the Town Warrant and then voted on at Town Meeting. Chair wants to
15 seize the money now and give it to DPW to repair the road. Board keeps hearing all the
16 reasons why if the bond money is over a certain amount to seize the bond requires a town
17 meeting to vote to seize the bond money. Chair instructed Lincoln to go forward with the
18 process to seize bond money, however, put a cap on the amount don't seize more than
19 $99,999.00. Jack Green stated deal with each and every bond one by one to release it.
20 Hold this public hearing on July 18t11 and Board will vote to release the bond money.
21 Lincoln stated that the Planning Department has one estimate of$109,000,00 to complete
22 everything on the checklist. Motion by Jack Green to seize bond monies for Jared IV
23 subdivision, 2nd by Alberto Angles, vote unanimous.
24
25
26 (Please note: John Simons is now present).
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28
29 5. CVS Pharmacy - located on Rte. 114/Turnpike Street. Stone Wall in disrepair.
30 Chair stated he tried to contact the management at CVS but couldn't get thru to anyone,
31 keep this as an open issue until he gets to the proper management relative to the issue of
32 the disrepair of the wall.
3 3I
34
35 DISCUSSION ONLY:
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37 b 40R Smart growth project: Lincoln discussed what is on the table for the July 10th
38 Special Town Meeting such as 40R project. Chair discussed the 40R issue, and if a
39 developer agreement should be established before going to Town meeting. Board stated
40 this is the largest development presented in over 20 years. Board would like a
41 presentation done by Curt Bellavance as to what's involved in the 40R, Board concerned
42 that if they create the new zone does this give a developer the right to come in and
43 develop something automatically? Lincoln stated the language in the 40R is specific as
44 to what can only be built. Chair wants Lincoln to express the PB deep concern as to
45 where this matter is moving. Curt to make a presentation. PB option is to vote not to
46 recommend for favorable action. Lincoln to count the number of signatures on the
47 petition to check if it accurate or not. If this is contingent upon the language in the
48 developer's agreement in hand read it and if the BP votes to approve does this
Planning Board
Minutes of the Meeting
June 20,2006
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I automatically grant the project? PB is in a compromising position due to the scheduling
2 of a public hearing.
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4
5 DISCUSSION ONLY:
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7 7. Lisa Fiore- Andover Riding Academy, 16 Berry St.,Map 106 & Parcel 33-request
8 to rezone property from V-R to R-3 in order to construct an Active Adult Community
9 for over 55 proposing 57residential units. Cal Goldsmith, Engineer was present tonight
10 and stated that the portion of the property to be reconstructed is located primarily on
I 1 Berry St. It's 28-acre parcel, approx. 3 % acres between two existing homes to remain
12 and 4 acres comprised of ponds and wetland on property. Under V-R zoning could
13 develop single-family homes, instead of creating dwellings allowing for children, no one
14 is allowed to live in project under 18 years old. 19 three-unit buildings under R-3 is
15 what they want. They want to move this project for a vote at Special Town meeting of
16 July i 0th. Utilizing low impact drainage on the site. Site is flat so drainage will go
17 where they want it to go. Presumed value of units will generate approx $300K per year
18 to the Town. Each unit in the building is approx 2400 s.f. Mr. Goldsmith presented a
19 revised plan tonight to the PB. Board asked about driveway near bldg 16? It's 20 feet
20 wide. PB fears that if they recommend for rezoning then if they find out they can't
21 approve what's going on the site under the proposed zoning? This is a last minute thing.
22 PB doesn't want more than 57 units put on this site. This has to go in front of Con/Com
23 and ZBA as well. ZBA would like a screening barrier located across the front of Berry
24 St. PB needs more time to review the covenant prior to the July i 0th meeting, PB
25 advised Mr. Goldsmith to get the covenants from the developer and submit them to
J 26 Lincoln to send t6 PB, covenant runs with the land 2,25 units per acre in order to keep
27 the density. If applicant wants PB to consider this then get covenant to Lincoln way
28 before the 10th so he can review documents and make recommendation on the 10th and
29 do so ASAP. Issue is to determine the unit per density. Lincoln make recommendation
30 as to what kind of uses to take out of the covenants do it in the next couple of days.
31
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33 Sign molar
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35 6A Cullen property, Osgood Street, Board to sign mylar&ANR application later
36 tonight.
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38
39 DRAFTED DECISION:
40
41 7. Arthur's Pizzeria, 1060 Osgood Streets Map 35, Parcel 29—Modification to the
42 approved Site Plan Review Special Permit to construct a drive-through.
43 Chair stated only 4 members are present tonight; therefore all 4 members would have to
44 bring in a unanimous vote in order for this to be granted tonight. Chair took a poll and
45 PB agreed to vote this tonight, Arthur was present and stated that he spent a large
46 amount of money in the building, he presented a petition signed by people in favor of the
47 drive up window, he feels there are other businesses in town with drive thru windows
48 already. Appears that the PB is split tonight. Chair stated that the Fire Chief had
Planning Board ti
Minutes of the Meeting
June 20,2006
Page 3
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I previously expressed his concern in opposition of this petition. Motion by John Simons
2 to approve a Modification for a Site Plan Special Permit for 1060 Osgood St., 2"d by
3 Chairman Nardella to approve; voting in opposition Alberto Angles and Jack Green.
4 Vote was 2 in favor and 2 in opposition, motion didn't carry petition denied.
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8 CONTINUED HEARINGS.
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10 8. Stephen Smolack, 425 Waverly Road,,Map 22 Parcel 130 - Site Plan Review Special
11 Permit to construct a four unit residential dwelling into a three unit residential dwelling.
12 (Continued from May 30, 2006) Tony Cappacetti of Christensen and Sergi, was present
13 tonight. He received a Special Permit to have a 4 unit in R-4 plan approval from ZBA
14 and obtained a foundation permit. Mr. Cappacetti presented a letter from Gene Willis in
15 approval of petition (letter for the record). Issue of a drainage discharge will actually
16 decrease the runoffon site on 50 to 100 year flood plan. Chair read Lincoln's letter
17 regarding rehab if number of units allowed on this site. Atty. Johnson was present and
18 will submit an answer soon. PB reviewed draft decision tonight. Put a$5K site opening
19 bond amount in the decision. Put a$5K as built bond amount in decision tonight.
20 Motion by John Simons, 2nd by Jack Green to close the public hearing tonight vote was
21 unanimous 4-0. Motion by Alberto Angles, 2"d by John Simons, to approve a Site Plan
22 Review Special Permit as conditioned tonight, vote was unanimous. 4-0.
23
24
25 9. David E. Murray, Manager, 1503 Osgood Street, Map 34, Parcel 7— Site Plan
26 Review Special Permit to redevelop a portion of the property to construct an automobile
27 service station for gasoline sales with no automobile repair, retail convenience store and
28 deli, and drive-thru doughnut shop. (Continued from May 30, 2006) Atty. Smolack was
29 present tonight and stated that VHB submitted responses on June 19th, Mr. Smolack's
30 engineer will review the changes made on the plan tonight. Frank Montaro, MHF design
31 engineer made comments regarding parking, he revised the parking spaces eliminated
32 three spaces and opened up the aisle 24 feet. Added 4 more parking spaces behind the
33 convenient store. Still have 30 total parking spaces. Designated 7 parking spaces if
34 needed, Mr. Montaro submitted a memo tonight (letter for the record). He presented a
35 colonial design rendering of the building, contains cedar shakes from the window up,
36 stained white. PB stated the applicant's engineer submitted a good plan and also
37 addressed the PB questions appropriately. A four-foot chain link fence was added along
38 comer of the lower left parcel. Motion by John Simons, 2nd by Alberto Angles to close
39 public hearing tonight, vote was unanimous. 4-0. Board made edits: change revised plan
40 6/8/06. Do a$5K site-opening bond, and roll it into the other bond. Mr. Smolack raised
41 issue of sprinklers by Fire Dept, the decision references a building sprinkler. PB does not
42 want to remove the sprinkler language in this decision, language stays in the decision,
43 Motion by John Simons, 2nd by Alberto Angles to approve a Site Plan Review Special
44
45 Pen-nit as amended this evening, vote was unanimous. 4-0.
46
47 10. First Calvary Baptist Church, 586 Mass. Avenue, Map 45B, Parcel 18—Special
48 Permit to install 3 panel antennas concealed within the existing church spire and 3
Planning Board
Minutes of the Meeting
June 20,2006
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Iproposed equipment cabinets. (Continued from May 30, 2006) Peter Morin,
2 representative of Omnipoint was present and briefly described the project and also asked
3 for feedback from Town Counsel. Mr. Angles read the response from Atty. Urbelis into
4 the record. Discussion ensued regarding the placing of an antenna inside a roof should
5 one so desire, however, this would still require a special pen-nit from the PB and would
6 not require a variance from the ZBA. There are cabinets to be constructed but will be
7 contained in the first floor. Camel Jori, radio frequency Engineer was present tonight
8 and explained first floor contains 3 bay stations, and equipment is indoors and contains
9 radios and CPU's and run cable to the equipment. Board wants to know if Fire Dept.
10 requires permits for this, Lincoln stated that they have no issues per the TRC meeting.
I I PB wants applicant to add a few more shrubs to hide the cooling unit from site. Noise
12 effect information is included in the application. Package submitted by electrical
13 engineer stated what the noise limits are and stated that the noise is below the statutory
14 requirement it will be approx 37 DBA. No opposition was present in the audience
15 tonight. Motion by John Simons, 2nd by Jack Green to close the public hearing, vote
16 unanimous 4-0. PB directed staff to draft decision. Put in decision to sprinkle the
17 building/steeple.
18
19
20 PUBLIC HEARING:
21
22 11, Scott Coletti, Riverview Street Extension, Map 72, Parcel I & 13 - Preliminary
23 Subdivision. Proposed three(3) two-family residential dwellings. Atty. Sears was
24 present to represent Mr. Coletti, Board stated that the actual formal hearing is at a
25 definitive subdivision application approval. Larry Graham and John Consalves,
26 engineers were present tonight. Atty. Sears stated that Mr. Coletti has been working on
27 this for I+years. Larry Graham, Engineer stated that the property is zoned for R-4,
28 proposal for 3 lots from 13K sX up to 26K s.f, other lot is 19K s.f. There is no
29 dedicated turnaround with an easement or right away currently in gravel drive condition
30 for that non-dedicated turn around used by the applicant. Proposal includes a turn
31 around T type, in center 25 foot radius to accommodate passenger vehicles. Current
32 dwelling of Mr. Coletti's would have to be relocated back on the lot. Dwelling units
33 will be served by existing utilities, and existent hydrant on land. Place pumps to go
34 into existing sewer on Riverview St. They may have to go to ZBA if they decide to go
35 further with other two lots. Issue of how far the flood plain water would go was
36 addressed. Board stated we experience a flood about every 5 years; we are not required
37 to approve an application located in a flood zone. John, Consalves, Engineer stated
38 how the crawl space (teller) is built it doesn't have any headroom. Much discussion
39 ensued between the Board and engineer also there appears to be a lot of constraints with
40 the location of railroad and existing river and pervious moving of water and detention
41 basins and how it functions and storm water management policy. Lincoln to check on
42 the flood maps located in our office and get the current rev. date. Frontage on plan
43 shows 151 feet there is an error on the plan submitted. Lincoln stated there are issues
44 of application completeness. DPW has issue with the design of the roadway regarding
45 access for larger vehicles getting in and out on the site. Atty, Sears stated he would
46 provide additional information to address the issue with the DPW and VHB. John
47 Conlen, abutter was present and has concerns. Mr. Conlen owns a garage and the
48 property across the street, with the recent floodwater the way it came up the picnic table
Planning Board
Minutes ofthe Meeting
June 20,2006
Page 5
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I & fence went floating down the river. He has safety concerns. The street itself has an
2 easement of 14feet from garage from his yard,how will big trucks get back and forth in
3 the wintertime? It's tight to get one car back there let alone two cars. Can developer
4 put in low income or apartment buildings? PB explained the uses in R-4 zoning
5 district. Applicant spoke of 40B being put in there Board would assuming that the
6 ZBA would not approve the 40B in this R-4 district. The river runs right thru
7 Riverview Street now. PB stated that all of the drainage issues go thru consultants to
8 sort out the drainage issues; also detention ponds are issues for outside consultant to
9 look at. His sewer is located in front of garage and proposed units will have to hook up
10 to his existing pump system? PB stated this is what the engineers will look at.
11 Michelle Kierston, abutter was present and stated that she agrees there are road issues,
12 there are barrels and cones there for months. She's hoping to see improvements
13 because many vehicles back into her driveway and had her vehicle crashed into, there
14 are a number of young kids on her street. Snowplow trucks and electric company
15 vehicles parked in her place because there is no place else now for any vehicles. She
16 would welcome a place for these vehicles to find a place to park. She feels this is a
17 beautiful piece of property and lots of trees there now, something is going to go down
18 there eventually, as long as they are private homes, versus a lot of people fishing and
19 boating taking place now. Debbie Conlen, abutter was present and she has a deed
20 stating she owns from her garage to her house, where does Riverview Street end?
21 Engineer pointed to the plan and showed where an easement is located, they want to
22 access property thru easement because Mr. Coletti owns an easement. There is an issue
23 with the 22 feet of road as it drops down approx. 30 feet. PB agreed to continue until
24 July 181h PB meeting and instructed Lincoln to draft a decision.
25
26
` 27 PUBLIC HEARING:
28
29 12. Channel Building Company, 150 Flagship Drive, Map 25, Parcel 82 - Site Plan
30 Review Special Permit, for warehouse expansion of 11,074 s.f. Original decision
31 approved by PB 1996, now petitioner wants to build the proposed warehouse. John
32 Corrigas, of Channel Building was present and presented an over lay of the previously
33 approved plan and the proposed addition in brown. A small corner was left open as a
34 receiving dock. Utilities are under ground. Flagship Press is the current occupant. A
35 TRC meeting was done. Loading dock was part of original facility. Now the reduction
36 of approx. 2K feet is in front of the PB tonight. Noise level from condenser units was
37 addressed and storm water run off and construction of swale and structure that held
38 water run off and prevented it from entering abutters housing. Warehouse expansion is
39 required in order to store paper etc. Existing lights are located on left hand corner of
40 plan. Motion by Alberto Angles , 2"d by John Simons to close public hearing tonight
41 vote was unanimous 4-0. Lincoln to draft a decision for the next July 18t�'meting. Pull
42 the data from the last decision and give a copy of last decision to PB.
43
44
45
46 MINUTES; Approve the April 18, 2006 & May 2, 2006 & May 30, 2006 "Minutes".
47 Motion by Jack Green and 2"d by Alberto Angles to approve"Minutes" of April 18, May 2,
48 and May 30th, vote was unanimous. 4-0
Planning Board
Minutes of the Meeting
June 20,2006
Page 6
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2
3 UPCOMING PLANNING BOARD MEETING INFORMATION:
4 Rdy 10, 2006 5 ecial '1 owti ce(:ina. 1'13 `R-) Mp;1=-T /Vf' ,30 F)M A-1- I-11c,14
f=11{JOI.:
5 ➢ July 18, 2006 regularly scheduled PB meeting.
6 ➢ August 1, 2006 regularly scheduled PB meeting.
7 ➢ August 15, 2006 regularly scheduled PB meeting.
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9
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11 Motion by Jack Green, 2nd by Alberto Angles to adjourn tonight's PB meeting, vote
12 unanimous 4-0. Meeting adjourned at approximately 10:30 pm.
13
14
15 By order of the Planning Board
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21 Approved
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Planning Board
Minutes of the Meeting
June 20,2006
Page 7