HomeMy WebLinkAbout2006-08-01 Planning Board Minutes 4 �QFtFy �
A �
1
Sspcnus
4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 "Minutes of the Meeting"
7 August 1, 2006
8 Town Hall, 120 Main Street
9 7:00 PM
10
11
12 Members present: Richard Nardella, Chairman
13 John Simons, Vice Chairman
14 Alberto Angles
15 Jack Green
16 Richard Rowen
17
18 Staff present: Lincoln Daley, Town Planner
19 Mary Ippolito, Recording Secretary
20
21
22 Richard Nardella, Chairman called the meeting to order at approximately 7:15 pm and introduced the
23 panel to the assembly and stated that there were three members present at 7:15 pm, John Simons and
24 Alberto Angles were not yet present.
26 Chair announced the following postponements:
27
28 Postponements:
29
30 Omnipoint Communications, Inc., 723 Osgood Street, (Stevens Estate) Map 35, Parcel 23. Site
31 Plan Special Permit to add 3 panel antennas inside existing Sprint monopole and associated equipment
32 within 9'x22' lease area. The applicant is working with the Town for contractual issues. A waiver of
33 time constraints is on file at the Planning Department.
34
35
36 Hearthstone Realty Corp. (Treadwell's), 1025 Osgood Street, Map 35, Parcel 20. Modification
37 for a Site PIan Review Special Permit and Watershed Special Permit to construct a retail building, 25'
38 driveway aisle surrounding building and appropriate paring facilities. Hearthstone Realty will come
39 back on the August 15th PS meeting. Joe Levis with come in with a modification application and plan
40 of land for the PB meeting of September 5, 2006.
41
42
43 PLANNING BOARD "OLD BUSINESS":
44 CVS Pharmacy, corner of Peters Street and Rte. 114 - Stone Wall in disrepair. Lincoln spoke
45 w/Manager and he will give Lincoln the contact information of his masonry contractor. Chair stated
46 he wants CVS to handle the masonry contractor themselves.
Page 1
Minutes of the Meeting
August !,2006
� 9 ,
1
2 DISCUSSIONS ONLY:
4 Key Lime LLC, Old Salem Village, Map 107B, Parcels 16 & 73—Construction of model hoarse.
5 Draft a change in the addendum/agreement. Lincoln read a draft amendment to the original decision.
6 PB voted to authorize the issue of a building permit to allow for one model home on the premises of
7 Old Salem Village, edits: waive condition 5, etc. . addendum/agreement on file for the record at the
8 Planning Department. Motion by Jack Green, 2"d by Richard Rowen, to approve the modification of
9 the addendum/agreement for a model home, vote was unanimous 3-0.
10
11
12 Watts Technologies, 815 Chestnut Street, Map 107C, Parcels 22 & 71 - Bond Release in the amount
13 of$3,000.00. Applicant has chosen not to proceed with the expansion of the existing parking areas
14 granted by the Site Plan Special Permit issued on January 20, 2006. Lincoln stated that Watts will
15 utilize the space available at Lucent (Ozzy Properties) at 1600 Osgood St. instead of utilizing space on
16 815 Chestnut St. Motion by Richard Rowen, 2"d by Jack Green to release a$3,000.00 bond to Watts
17 Technologies, vote was unanimous 3-0.
18
19
20 Franz Ingelfinger,Northeast Regional Ecologist- Habitat Restoration and Management at Weir
21 Hill Reservation. Bob Murray, liaison, stated that a portion of the project falls within our Town's
22 watershed district. (Plse. note: John Simons arrived at 7:25 pm). Franz Ingelfinger, ecologist,
23 presented tonight. 80 acres of wooded area, includes absence of fire intolerance species. Open areas
24 are present to support blueberries, huckleberries and uncommon plants to this region. Provides
habitant for woodpeckers,brown bats and yellow wild indigo, fewer than 1,000 left in this area,
26 butterfly, violet bush clover, etc, if things are left undisturbed you will lose these species. Yellow areas
27 highlighted on plan of land are considered open and have a developed canopy. Received a large grant
28 to take wooded areas and canopy areas and harvest the trees to reduce canopy to 20%. Request is to
29 clear 16 acres by doing a canopy clearing. 13 to 15 acres are within the watershed. 250 and 400
30 contain 2 acres of buffer zone. (Plse. note: Alberto Angles is now present now at 7:35 pm). PB wants
31 proof that the runoff won't increase because of the proposed cutting of the trees. Mr, Ingelfinger stated
32 he will not cut within 100 feet buffer. Within 250 foot zone activities are relatively little. PB asked if
33 he cuts trees what equipment would he use in order not to disturb and damage the soil in the area. Mr.
34 Ingelfinger stated the kind of equipment proposed to clear the site (see handout). Fire Dept.
35 representative is present tonight to speak. PB stated that Mr. Ingelfinger should come back for a
36 Special Permit to cut in non-disturb zone. Deputy Martineau was present and stated that he has
37 concern regarding potential fire issues. Edgewood Retirement home is located on the other side of
38 Wire Hill if it's a windy day if/or when a fire started on the Wire Hill premises it could affect
39 Edgewood Retirement. He's in favor of this project and supports this project, wants to make the Town
40 safer also. This project will begin on approximately September I" and Mr. Ingelfinger should apply
41 for a Watershed Special Permit and work with Lincoln as Chair wants him to do erosion control
42 measures during the period of the project.
43
44
45 "The Merrimac Condominiums", One Hundred Fourteen Trust, Map 106D, Parcel 63, Salem
46 Street- Chapter 40B 56-Dwelling Unit Development. Atty. Borenstein was present tonight and stated
Page 2
Minutes of the Meeting
August 1,2006
, f .
I that the proposed development will be located approximately 10 acres on Rte 114, located near Berry
2 Street and 100 yards East of Equestrian shop. Started project in 2005 with the Town. Originally was
3 approved for an office building, however, was appealed and ultimately dismissed approximately 6
4 months ago. Proposed 95 units as 40B under ZBA came back with alternative plans and scaled down
5 to 56-unit village neighborhood style concept. Time is Bpm. Atty. Borenstein submitted a list of
6 waivers to the ZBA, PB asked if they are establishing 4 lots prior to this development? Answered yes.
7 Patrick Garner, engineer, presented next. Wants to establish lots 1 thru 4 into 3 lots for three single-
8 family homes by the ANR process. He will be opening up Rte 114, has no permits from Mass
9 Highway, only 95 percent feedback from Mass highway. All vehicles will enter into one point. Total
10 of 10 acres for the units to be placed on. That includes 4 acres of upland. He would clear the entire
11 piece of upland, nothing but impervious surface to work with. This is being reviewed by VHB now.
12 He's complying with the State Wetland Protection Act, however, not with the Town's wetland bylaw.
13 Issues are proposed driveway and roadway are only 10 feet from Rte 114. Waiver list is lengthy.
14 Chair read some of them for the record,buffer, non-disturb, 7 feet between dwellings, PRD in B-4
15 zoning district etc.; too much in a confined area. Chair suggested that some are safety issues; house 10
16 feet away from Rte. 114, what would happen to drainage? Chair asked Lincoln to put together a list of
17 what PB looks for regarding issues that PB is most concerned about. If this project was submitted for a
18 Site Plan Review Special Permit this is more intense than PB would ever allow, this is aggressive in
19 areas that are environmentally sensitive. Ten-acre lot is B-4, and 3 lots ANR are V-R. Traffic flow
20 plan should flow the way the plan designed it to flow, however, it's not likely that it will. Atty.
21 Borenstein stated that he submitted information regarding marking of these units. ZBA should look at
22 the comparison of B-4 to the waivers submitted. ZBA should look at number of visitor parking spaces,
23 are there enough? Time is 8:40 pm. PB to send Lincoln their comments on this project. Deputy
24 Martineau stated that Rte.114 corridor has experienced such substantial growth that as a fire fighter he
no longer feels that he is able to protect the people there. How will he provide the emergency services
26 to the people on Rte. 114? Ellen McIntyre, ZBA Chair was present and stated that the three house lots
27 have nothing to do with the project before the ZBA now.
28
29
30 CONTINUED HEARINGS:
31
32 Jack Hashem, Lisa Lane, Map 98A, Parcel 75—Two-Lot Definitive Subdivision. A waiver of time
33 constraints is on file at the Planning Department. Ben Osgood Jr., and Jack Hashem were present.
34 VHB review stated Mr Osgood addressed every issue, except 4-inch drain would not handle water
35 from foundation drain. Asking for waivers don't build roadway build a T intersection to provide for
36 two lots. Did Mr. Osgood design a legally conforming subdivision and create two 25,000 s.f. lots
37 around it? PB stated build a proper road and then PB could waive it down to a driveway size. Deputy
38 Martineau will submit info to PB regarding size of cul de sac allowed. Jack Hashem stated he came in
39 front of the PB last year as a discussion issue and submitted the proper information that was acceptable
40 to the approval of the PB. Applicant should get variances from ZBA then come back to PB. PB stated
41 that these are both conforming lots. Mr. Osgood needs to demonstrate he can build a conventional
42 subdivision. PB uncomfortable with this plan. If they withdraw without prejudice, then PB will waive
43 the submittal of re-filing fees. Put on agenda for August 15€1' meeting. Mr. DiAdamo was present to
44 speak; he stated the abutters were present tonight. He feels this is not buildable because a cul de sac
45 will not fit. He feels there is no way to meet the requirements in terms of the size of the lots. Mr.
46 Osgood to submit another waiver of time constraints to the Planning Department.
Page 3
Minutes of the Meeting
August 1,2006
1
2 Public Hearings:
3
4 Sherwood Drive/Jared IV Subdivision - Completion of subdivision. Planning Board to seize
5 remaining bond monies totaling approximately$32,355.00 for the completion of the Approved
6 Subdivision Plan. Lincoln stated this is the second part of the bond money release now and the PB
7 should vote to release the rest of this bond money tonight. Motion by Alberto Angles to seize
8 $32,355.00 bond money retained to be used for the completion of the subdivision, and to release all
9 remaining bond money, 2"d by John Simons, vote was 4-1, Richard Rowen voted in opposition.
10
11
12 Denise Grasso,245 Bridle Path, Map 64, Parcel 74 - Watershed Special Permit to construct a
13 24'x36' garage. Applicant received Variance from the Zoning Board of Appeals on July 18"', 2006.
14 Lincoln stated this project is conforming to our Town's bylaw, and recommends approval of the PB.
15 Applicant wants to keep the existing garage and build the proposed garage. No floor drain is proposed
16 in the floor of the proposed garage, ZBA approved variance at their last meeting. Motion by John
17 Simons, 2n" by Alberto Angles to close the public hearing tonight, vote was unanimous 5-0. Lincoln to
18 draft a decision.
19
20
21 Juniper Woods Reality, LLC, Juniper Woods, Map 108A, Parcel 2 - Definitive Subdivision and
22 PRD. Proposed 8-lot, single-family Planned Residential Development that includes in excess of 35%
23 permanent open space. First meeting date: August 1St. Decision due: Nov. 10, 2006. Steve Stapinski,
24 Merrimack Engineering was present tonight. This was a previously submitted subdivision called
j Eastwood, however, withdrew without prejudice. PRD proposal calls for same number of lots but
26 roadway is 922 feet long coming in from Salem St. There are isolated wetlands wlpotential vernal
27 pools, 2600' to 3500' colonials are proposed. No waivers to Con/Com or ZBA are required. Bring up
28 gravity pumping station line. Town water and sewer is going to be provided. Storm water drainage
29 collection system. Detention pond on each side of roadway proposed. Requested waiver of 2 to 1 of
30 slope in order to minimize amount of vegetation if PB says no they will go with 3 to 1 slope. PB wants
31 the applicant to file a conventional plan of the subdivision to demonstration what the number of lots
32 that were originally approved by the PB. Chris Huntress to submit the conventional plan by next
33 week. PB wants to know where and what quality will be open space? Stonewall will remain and
34 larger trees south of wall will remain; still have street scape and will not have houses located on the
35 street but behind the street scape. Engineer stated that Lots 6 and 7 is 50-foot area entirely preserved.
36 Lot 8 behind house will have some tree and provide grading. Landscaping is an issue and Mr.
37 Huntress should come prepared to discuss at the next PB meeting such as debris blowing into detention
38 pond, etc. Protect detention pond place a green barrier between the front of it; Town won't maintain
39 streetlights it's in the homeowners jurisdiction to maintain the lights with their own electricity. The
40 usual triangle at the bottom of the lot is excluded from the lot area. Lincoln to look at engineering
41 review when it comes back regarding slope drainage conditions. Lincoln to clean up open space buffer
42 issue. Richard Rowen to draft some language on this issue. Olympic Lane was proposed and Laconia
43 runs across it, it was built in phases and ConJCom port-nit ran out, it came back for a modification so
44 the PB approved the plan with Olympic Lane coming thru to Salem St. Get VHB review in time for
45 the next PB meeting,
46
Page 4
Minutes of the Meeting
August 1,2006
I
I
*7J-
1
2 Seng Ea, 163 Turnpike Street, Map 24, Parcel 19 - Site Plan Review Special Permit to allow for
3 creation of 8 parking spaces. First meeting date: August 15t. Decision due: Oct. 30th. Jack Sullivan,
4 Engineer, was present tonight. Mr. Sullivan stated that Mr, Seng Ea purchased property 6 to 8 months
5 ago. Property abuts Eaglewood Shops and located across the street from CVS Pharmacy. PB didn't
6 want applicant to do something that will cost him a lot of money. Went to ZBA for a Special Permit
7 for a mixed-use building, office 1st floor, residential 2"d floor. He needs 7 parking spaces plus one
8 handicapped space. He met w/Lincoln requesting a waiver from storm water management and a traffic
9 analysis. Existing fence separating property from abutting property on Peters St. Site has underground
10 water, sewer, and gas already. Now all that is needed is a paved surface for the parking issue. Lincoln
11 wants additional landscaping on the site to approve the esthetics. PB wants to put a 3' by 3' deep run
12 off trench. Mix uses are for commercial office space got a Special Permit from ZBA in R-4?. PB has
13 an issue with what ZBA did because R-4 doesn't allow for a commercial use. PB wants to continue
14 this public hearing and hear the substance of it, Lincoln to talk to ZBA find out what was intended and
15 suggest that if it needs to be amended before the PB can render their decision what's the basis for their
16 decision. PB wants to get an opinion from Town Counsel only if Ellen McIntyre wants to pursue a
17 Town Counsel opinion. Mr. Send Ea stated he doesn't know who will rent this space. Maybe this
18 would go all commercial only. He could come back in for a modification if he goes all-commercial.
19 Does this house require sprinklers? Fire Dept. didn't comment on this. Is a dumpster required?
20 Lincoln stated label storm removal snow area, and drainage issue could handle infiltration of water
21 from impervious surface. Jack Sullivan to submit architectural plans. Eliminate front walkway on Rte.
22 114. Jack Sullivan to submit alighting plan for parking area or downcast lighting on building itself.
23 Who will maintain the property? What are the building codes for a mixed use? Entry and egress issue
24 needs to be answered. Lincoln to talk to Fire Dept on sprinklers, fire extinguishers should be on
5 premises; possibly residential portion should have fire extinguishers if no sprinklers are to be installed.
26 Continued until the August 15th PB meeting, Try to avoid reopening the meeting because fees are an
27 issue with the applicant.
28
29
30 MINUTES:
31
32 Approve the July 18, 2006 "Minutes". Motion by Jack Green, 2'd by Richard Rowen, to approve the
33 "Minutes" of July 18, 2006, vote was unanimous 5-0.
34
35
36 Impromptu discussion only:
37 PB stated they want to bring Redgate subdivision developer in front of PB. Issue is extent of cutting is
38 it excessive? Although developer has an approved decision doesn't mean he can do anything he wants.
39 Make it positive that PB can support him. If he wants to do a PRD he needs to go in front of PB to get
40 one. They are looking to do a PRD on a smaller lot that would be allowed. The original drainage that
41 was approved went thru extensive drainage reviews. The entire area should be looked at, such as look
42 at Foxwood area regarding flooding and drainage. PB wants to make it better.
43
44
45 UPCOMING PLANNING BOARD MEETING INFORMATION:
46 ➢ August 15, 2006
Page 5
Minutes of the Meeting
August 1,2006
i
13
J
1 ➢ September 5, 2006
2 ➢ September 19th meeting - CANCELLED due to State election.
3 ➢ October 3, 2006
4
5
6
7 Motion by John Simons, 2"d by Richard Rowen to adjourn tonight's meeting, vote was unanimous
8 5-0 meeting adjourned at approximately 10:45 pm.
9
10
ll
12 By order of the Planning Board
13
14
15
16 Approved
17
Page 6
Minutes of the Meeting
August 1,2006
7rl