HomeMy WebLinkAbout2006-07-18 Planning Board Minutes "ORT"
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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 "Minutes of the Meeting"
7 July 18, 2006
8 Town Hall, 120 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
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18 Staff present: Lincoln Daley,Town Planner
19 Mary Ippolito, Recording Secretary
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22 Richard Nardella, Chairman called the meeting to order at approximately 7:06 pm. and
23 introduced the panel to the assembly and stated that there were four members present: at
24 7:06 pm, John Simons was not yet present.
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26 Chair announced the following postponements
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28 Postponements:
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30 Jack Hashem,Lisa Lane, Map 98A, Parcel 75 - Two lot Definitive Subdivision, First
31 meeting date to be May 2nd, Decision due: July 14, 2006. A waiver of time constraints is
32 on file at the Planning Department. Postponed until August 1st PB meeting.
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35 Denise Grasso, 245 Bridle Path, Map 64, Parcel 74. Watershed Special Permit to
36 construct a 24'x36' garage. First meeting date April 25th. Decision due: June 30, 2006.
37 Applicant went to ZBA on 7118106 meeting. Waiver of time constraints on file with the
38 Planning Department. Lincoln stated that applicant is presenting to ZBA tonight (7118106)
39 for variance of 100' buffer for construction of accessory structure in Watershed. Chair
40 recommends that they re-advertise the Planning Board legal notice again in time for the
41 August 1 st PB meeting. Postponed until the August 1st PB meeting. Chair stated if
42 applicant is not prepared by the 1"then withdraw without prejudice.
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45 PLANNING BOARD "OLD BUSINESS":
46 Sherwood Drive/Jared IV Subdivision - Completion of subdivision roadway and tot-lot.
47 PB wishes to seize bond money to repair road. Legal Notice advertised July 4 & 11, 2006.
Planning Board
Minutes of the Meeting
July 18,2006 Agenda
Page 1
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I Chair announced the formal vote would take place tonight to seize an initial bond amount
2 of$99,999.90. Additional erosion control needs to be done also. Motion by Alberto
3 Angles to direct Linda Casey, Treasurer to cut a check in the amount of$99,999.00 to
4 repair roadway at Sherwood Drive to take care of the existing deficiencies that the posted
5 bond should have covered, 2nd by Jack Green vote was unanimous 4-0. Chair asked if
6 anyone was present in the audience to speak on this matter. Jack Armstrong, 116
7 Sherwood Drive, abutter was present. He asked what the process is to seize the bond.
8 Chair stated what the DPW needs to do to accomplish the repair of the roadway with the
9 bond money and that the priorit is to repair the roadway. He wanted to know what would
10 be done with the additional funds in the bond account? Chair stated this money would be
11 used to complete whatever is out there that is most important to complete the development.
12 Once the roadway is up to public standards then the abutters can request the roadway be
13 accepted at town meeting. Another abutter spoke stating there is a stonewall falling apart
14 on her property on Sherwood Drive; she wants to get the remaining bond money to repair
15 the stonewall. Chair stated that the homeowners may have to get together to repair the
16 stonewall, or when the DPW is on site repairing the roadway they may have to make a
17 decision to bull doze the wall. Clerk read a memo dated 2002 into the record, references to
18 stonewall #29 out of#29 on the list of things to do. Abutter present at 75 Sherwood Drive
19 stated she wants confirmation that this bond money will be spent on repairs to the roadway
20 at Sherwood Drive and not on something else.
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23 PLANNING BOARD OLD BUSINESS:
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25 CVS Pharmacy, corner of Peters Street and Rte. 114.
26 Stone Wall in disrepair. Chair stated he tried to contact the management at CVS but
27 couldn't get thru to anyone, keep this as an open issue until we get to the proper
28 management relative to the issue of the disrepair of the wall. Chair asked Lincoln to make a
29 call to CVS Pharmacy because the wall has not been repaired the correct way. PB stated
30 let's get it repaired once and for all.
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33 DISCUSSION ONLY:
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35 Old Salem Village—construction of model home—Ben Osgood Sr. developer.
36 Ben Osgood Sr. was present and stated he wants to build a model home at Old Salem
37 Village subdivision. Mr. Osgood wants to start about a month early to have something to
38 use as a sales vehicle to utilize before the cold weather comes around. Chair stated that in
39 the language of the application the applicant is supposed to request a model home up front.
40 Chair wants Mr. Osgood to post an additional bond to cover the model home. Lincoln to
41 draft a change in the addendum/agreement. Look at Molly Town Road language regarding
42 model home. Do a modification to a Special Permit with the model home language in it.
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Planning Board
Minutes of the Meeting
July 18,2006 Agenda
Page 2
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I CONTINUED HEARINGS:
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3 Scott Coletti, Riverview Street Extension, Map 72, Parcel 1 & 13 - Preliminary
4 Subdivision. Proposed three (3) two-family residential dwellings. PB agreed to continue
5 until July 18`11 PB meeting and instructed Lincoln to draft a decision. Atty. Sears,
6 representing applicant, was present and was given a hand out tonight by an Attorney for an
7 abutter. Clerk stated he is in receipt of the letter and briefly identified the subject as an
8 easement issue, letter for the record. Attorney for an abutter discussed the letter he
9 submitted to the PB tonight. He wants to see if this is a legal 2 or 3 lot subdivision and if
10 the setbacks are proper. (Please note John Simons is now present at 7:30 pm.) Attorney for
11 the abutter stated street was under water by 7 feet during recent flood. Lincoln stated that
12 the applicant needs to go to the ZBA for approval of multi-family units. DPW still has
13 issues. The easement issue should be addressed later on. Atty. Sears stated there is a legal
14 issue of the easement regarding title. Chair stated he is in receipt of the documentation from
15 Larry Graham, engineer for the project. PB stated that VHB didn't get the information they
16 required to do their review. The design of the roadway itself in an issue and DPW would
17 prefer a cul de sac instead of a different roadway design. Asking for a waiver is reason to
18 deny by the PB. Chair stated that the language in the VHB letter should be incorporated
19 into the denial decision. Mr. Graham, engineer spoke tonight, stated a decision to deny
20 should be based on the rules and regs. only and not be based on a VHB report. He also
21 stated he should come back in with a plan that looks entirely different from the original plan.
22 He said he would come back with a proposed modified turnaround and get VHB to put the
23 correct spin on all issues. Motion by Alberto Angles, to close the public hearing, 2nd by
24 Jack Green, vote was unanimous. Motion by John Simons to deny preliminary subdivision
25 for Riverview Street Extension,based on the reasons in the decision as amended by
26 tonight's discussion, 2°d by Jack Green, vote was 4-0 as Richard Rowen abstained from
] 27 voting.
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30 PUBLIC HEARING:
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32 723 Osgood Street, (Stevens Estate) map 35 and parcel 23. Omnipoint
33 Communications, Inc. Addition of 3 panel antennas inside existing Sprint
34 monopole/unipole and associated equipment within 9'x22' lease area. Decision due. Peter
35 Morin, was present tonight and stated he's back here in order to co-locate on Stevens Estate
36 which he hasn't been able to do for a couple of years. He's waiting for the Selectmen to
37 issue their consent to allow this petition. This goes in front of the BOS on July 27th. Mr.
38 Morin wants to lease for 20 years of time. If lease time is up too soon, then equipment
39 upon abandonment needs to become removed. Engineer spoke tonight regarding the
40 monopole that will not change, doing a swap on the top section. Chair asked do the other
41 carriers have to do the same thing regarding GPS devices? Engineer stated yes, the other
42 carriers do require a GPS antenna it's required by the Federal Government. Omnipoint will
43 attach something about 15 inches, which will hang off the pole. PB discussed the
44 dimensions of the antenna w/the engineers present. PB stated that applicant should use
45 their picture and add the antenna so that the PB can get a visual. Applicant should explain
46 each waiver to Lincoln and find out what waivers should be explained at the next PB
Planning Board
Minutes ofthe Meeting
July 18,2006 Agenda
Page 3
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I meeting. Applicant to take the existing set of plans and copy them even though they are a
2 couple of years old. PB wants VHB's review before the Aug I"PB meeting.
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6 1025 Osgood Street, Hearthstone Realty Corp. (Treadwell's) map 35, pal-eel 20.
7 Modification for a Site Plan Review Special Permit and Watershed Special Permit
8 to construct a retail building, 25' driveway aisle surrounding building and appropriate paring
9 facilities.
10 Chris Tamula, engineer was present tonight and stated that the applicant now wishes to
I I reduce the size of the retail building by one floor. The FAA had issues with the height of
12 the original building and would not give their approval. Applicant now wishes to increase
13 the footprint by 1K s.f. Increase parking by 7 spaces also. Chair stated this process has to
14 be scrutinized, thru due diligence because of the sensitivity to the location to the lake. Bill
15 Perkins, applicant was present and stated issues of easement with airport, and a 40/1 slope
16 issue to benefit the airport commission. He was told to take off 10 to 15 feet off the top of
17 the roof of the proposed retail building. Chair poled the BP to ask if this is a modification?
18 PB wants to listen to presentation first tonight. Mr. Tamula stated this was essentially a 3
19 story building, 19,700 s.f., 93 parking spaces, town water, sewer, utilities, onsite storm
20 water issue was major issue for approval, underground detention system, emergency
21 response plan submitted, received letter from VHB with approval. Mr. Tamula presented
22 new site plan tonight. From an original 6,068 s.f. footprint per floor to a 7614 s.f footprint
23 (2 floors) now 15,228 s.f. size of building. PB stated that applicant should look at the
24 approved decision for Joe Levis' abutting property. There is an open space area for the
25 existing farmhouse that was deeded to the Town to be kept in perpetuity. Lincoln stated
26 possibly re-advertising the two adjoining lots. PB wants to see new calculations from Mr.
27 Tamula regarding impervious surface and drainage. Mr. Levis will have to come in with a
28 request for a modification also. John Simons wants one plan to be submitted with Mr.
29 Levis' property and this office building because there are two decisions that need to be
30 changed, PB wants both Mr. Perkins and Mr. Levis to come in for a modification both
31 mutually agreeable. Mr. Levis will have to modify parking, and roadway only. PB can't
32 approve this because applicant is proposing to build on somebody else property. Bring Mr.
33 Levis back to the next PB meeting. PB stated"DO MINIMUM REQUIRED TO SATISFY
34 EVERYBODY". Mr. Tamula to put additional screening, plantings around the driveway on
35 modification plans and show the soccer field on the plan of land. Mr.Levis should file an
36 application for his modification also. PB stated ask VHB to expedite their review ASAP.
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39 DRAFTED DECISION:
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41 586 Mass Avenue,First Calvary Baptist Church, , Map 455, Parcel 18—Special Permit
42 to install 3 panel antennas concealed within the existing church spire and 3 proposed
43 equipment cabinets. P13 stated the following changes: Fire Dept. would require a permit see
44 page 5 ...add clause that screening be placed around cooling unit. Put in any screening shall
45 be added at the PB discretion. Motion by Alberto Angles, 2nd by Jack Green to approve a
46 Special Permit for T Mobile, for 586 Massachusetts Avenue as amended this evening, vote
47 unanimous 5-0.
Planning Board
Minutes of the Meeting
July 18,2006 Agenda
Page 4
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5 DRAFTED DECISION:
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7 Channel Building Company, 150 Flagship Drive, Map 25, Parcel 82 - Site Plan Review
8 Special Permit, for warehouse expansion of 11,074 s.£ PB stated the following changes:
9 site plan bond for$3K.....As-built bond S3K roll into the other bond.....Check out the
10 noise level in decimals if we have handout and put into decision. Motion by Alberto
11 Angles, 2°d by Richard Rowen to approve a Site Plan Special Permit for 150 Flagship
12 Drive, as amended this evening, vote was unanimous 5-0.
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16 PB asked Lincoln to check into Great Pond Road, house, did not stabilize the slope and
17 they are now trying to sell the house.
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22 MINUTES:
23 Approve the June 20, 2006 "Minutes". Motion by Jack Green, 2nd by Alberto Angles to
24 approve the June 20, 2006 "Minutes" vote was unanimous, 5-0.
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27 UPCOMING PLANNING BOARD MEETING INFORMATION;
28 ➢ August 1,2006 regularly scheduled PB meeting.
29 ➢ August 15, 2006 regularly scheduled PB meeting.
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32 Motion by Jack Green, 2nd by Richard Rowen to adjourn tonight's meeting, vote was
33 unanimous 5-0 meeting adjourned at approximately 9:30 pm.
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36 By order of the Planning Board
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39 Approved
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Planning Board
Minutes of the Meeting
July 18,2006 Agenda
Page 5