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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 Minutes of the Meeting
7 December 5, 2006
8 Town Hall, 120 Main Street
9 7:00 PM
10
11 Members present: Richard Nardella, Chairman
12 Alberto Angles
13 Richard Rowen
14 Jennifer Borax-Kusek
15
16 Member absent: John Simons
17
18 Staff present: Lincoln Daley, Town Planner
19 Mary Ippolito, Recording Secretary
20
21
22 Chair called the meeting to order at approximately 7:10 pm and stated that John Simons will not
23 be present for this meeting. Chair announced the following postponements:
24
25
26, POSTPONEMENTS:
27 '
28 Joe Levis, 1003 Osgood Street, Map 35, Lot 50. Modification to the approved Site Plan
29 Review Special Permit and Watershed Special Permit to relocate the access roadway, parking lot
30 re-configuration. Applicant wishes to be postponed until January, a waiver request is on file
31 until January 26, 2007.
32
33 Steve Sullivan & Michael Foster - 163 Main Street, Site Plan Review Special Permit.
34 Raze existing dwelling and rebuild new Insurance Agency. Applicant wishes to postpone until
35 the December 190 PB meeting, a waiver is on file at the Planning Department.
36
37 Bonny Realty Trust / Amy Constantino, Trustee, 12 Bonny Lane, Map 62, Lot 41.
38 Watershed Special Permit to construct a single-family dwelling with attached garage, driveway,
39 and associated utilities within the Non-Disturbance and Non-Discharge Buffer Zones of the
40 Watershed Protection District. Applicant wishes to postpone until December 19, 2006 PB
41 meeting.
42
43 Juniper Woods Realty, LLC, Juniper Woods, Map 108A, Parcel 2 — 8-Lot, Single-Family
44 Definitive Subdivision and Planned Residential Development. First meeting date: August 1St.
45 Decision due: Nov. 10, 2006. Waiver on file until January 26, 2007
46
Planning Board
December 5,2006
Minutes of the Meeting
Page 1
I Chair stated that the Town Manager and Planning Director are working hard to find an additional
2 member to serve on the PB. Proposed article should be submitted at the May 2007 Town Meeting
3 to allow a board member to view the televised board meeting in order to stay appraised of the
4 meeting content should the board member be absent on the night of the Board meeting.
5
6 BOND RELEASES:
7
8 1. Stephen Crowley, Long Pasture subdivision - Recommended Bond Release $40,000.00.
9 Mr. Daley conducted a site visit with Tim Willett, Superintendent of Water and Sewer. Upon
10 completion of the inspection, Mr. Willett recommended a bond release in the amount of
11 $40,000.00 with a remainder of approximately $16,050.00 for maintenance and conveyance.
12 Mr. Crowley to address the Planning Board this evening. Mr. Daley conducted a second site
13 visit and stated that the DPW recommendation to clean out sediment in the catch basin was
14 completed. He continued by stating that the headwall located at the end of one of the lots in
15 the wetlands was not built to specifications. The applicant's engineer, however, provided a
16 letter stating that the headwall exceeds the requirements and specifications of the approved
17 design.
18
19 Tony Capachietti, Engineer for Christiansen & Sergi, was present and stated that Mr. Willett
20 inspected the site and headwall at the proposed driveway crossing. Mr. Capachietti provided
21 brief history of the Subdivision and stated that the 14 original lots were reduced to 8 as
22 indicated in the approved plans before the Planning Board. At that the time of the original
23 proceedings, there was a discussion involving a proposed driveway located at the rear of one
24 of the back lots and the construction of the berm. The driveway was never built, however an
25 earthen berm complete with a headwall outlet pipe was constructed as depicted in the as-built
26 plan.
27
28 Planning Board stated that now they are asked to approve something different than was
29 previously approved in the original subdivision decision. Mr, Capachietti responded that the
30 headwall would function hydraulically for an 8-lot subdivision. Berm is on lot 8 as shown on
31 the submitted plan. The berm is approximately 16 feet wide by 4 feet tall and will not be used
32 as a driveway or paved.
33
34 The Planning Board requested that Mr. Daley look at this plan and ensure that it cannot be
35 made into another subdivision in the berm area. Engineer stated that there is a potential for lot
36 5 to be built on or subdivided. DPW wants statement submitted from engineer on this project.
37 An as-built for Long Pasture subdivision was submitted to the Planning Board this evening.
38 Motion by Richard Rowen to release bond amount of$40,000.00 and retain $16,050.00 in the
39 bond account. Motion seconded by Alberto Angles. Planning Board voted unanimously to
40 approve the bond release.
41
42 2. Michael Ryan, 880 Osgood Street, Watershed Special Permit bond release for $2,000.00.
43 Mr. Daley stated than an as-built and letter from engineer on file and recommended Planning
44 Board close out the bond in the amount of$2,000. Upon a motion by Richard Rowen and 2"d
45 by Alberto Angles to close out the bond in the amount of$2K. The Planning Board voted
46 unanimously in favor.
Planning Board
December 5,2006
Minutes of tate Meeting
Page 2
9
1
1
2 3. Dean Chongris, developer for Redgate subdivision— lot releases and general update on the
3 progress of the project. Discussion continued to December 19, 2005.
4 Planning Board raised concerns regarding the slope stabilization and the time for completion.
5 Mr. Daley provided a brief update on the project regarding the status of the roadway and
6 completion of the drainage system. He continued by stating that the Planning Department is
7 working with the developer to create a slope stabilization plan and that it would be in place by
8 December 19, 2006. Chairman Nardella requested that the area must be stabilized before
9 proceeding with any requests by the developer.
10
11 DISCUSSIONS:
12
13 4. 4011 update
14 Mr. Daley submitted revised language to the Planning Board for review and comment. He
15 continued by providing a brief overview of the language changes and updates. Planning
16 Board to submit their comments back to Mr. Daley. A Board of Selectmen's hearing has been
17 scheduled on December 18th to allow the Town to submit a 40R application to the state as
18 required by MGL Chapter 40R. Planning Board should submit edits and comments to the
19 Planning Department by December 14th. Chairman Nardella stated that he will attend the
20 BOS meeting to explain the issue relative to 650 units. Mr. Daley stated that he is in the
21 process of scheduling a meeting with the developer to finalize the zoning language within the
22 next two weeks.
23
24 5. Town Meeting Discussion 2007
25 Mr. Daley stated there will be a Town Meeting on Feb. 7, 2007 to adopt 40R language.
26 Planning Board to edit and send comments back to Mr. Daley. Mr. Daley to check out the
27 language for ANR and grandfathering and to get back to the Planning Board.
28
29 6. General zoning bylaw updates
30 Mr. Daley presented a list of 3 modifications to the zoning bylaw for the Annual Town
31 Meeting in May 2007. Mr. Daley explained that Attorney Urbelis recommended removing the
32 600-foot setback rule from Section 89 Wireless Communications, as it's unenforceable by the
33 Town. The origin for the 600-foot setback dated back to discussions on the heath implications
34 involving the emission of radiation from antennas. Mr. Daley stated that the FCC regulated
35 the emissions of radiation and that if the Town was challenged in court enforcing the 600-foot
36 setback, the Town would most likely loose. The proposed changes also include language
37 regarding setbacks for antennas located in existing structures.
38
39 Definition of Open Space - Mr. Daley provided a brief explanation on the appropriate
40 definition of open space as it relates to the subdivisions. The Planning Board asked that Mr.
41 Daley expand the definition to clarify what constitutes open space for different housing types
42 (condos). Richard Rowen to write his concept of open space and submit it to Mr. Daley.
43
44 Section 6 — Sign and Sign Lighting Requirements. Mr. Daley briefly explained the status of
45 the sign bylaw and will submit draft language to the Planning Board for review and comment.
46
Planning Board
December 5,2005
Minutes of the Meeting
Page 3
/63
1 7. Street acceptance:
2 Mr. Daley stated he's working w/Ben Osgood Sr., and Peter Breen and Mr. Crowley to submit
3 their information to apply for street acceptance in time for the May 2007 Town Meeting,
4
5 8. Riverview Street subdivision discussion
6 Larry Graham, Engineer briefly presented the conceptual design to Planning Board. Attorney
7 Sears stated that he attended the Nov. 9'h Technical Review Committee (TRC) meeting and
8 received positive feedback from departments' heads. He continued by stating that Gerry
9 Brown, Building Inspector said "ok" to construction of buildings and instructed the applicant
10 to apply to ZBA if they want to go w/duplexes. However, this application is for single-family
11 homes presently. Attorney Sears summarized a letter from Attorney Carol McGravey, Town
12 Counsel stating the applicant does have the right to go over the easement with the addition of
13 two structures (letter on file).
14
15 Larry Graham stated that DPW is satisfied with the turnaround and plans and summarized the
16 changes/modifications to the conceptual subdivision plan which included a combined circular
17 turn around, extended the water main, relocated the hydrant out another few feet. The sewer
18 pump servicing the homes will be located on private property with sewer extensions forced
19 into existing force main on Riverview Street. Mr. Graham further explained that the first floor
20 of the homes would be a minimum of three feet above the 100-year storm.
21
22 Chair stated that while the purpose of a TRC meeting is to review property, however, the
23 Planning Board never had a piece of property that was under water in recent flooding
24 situations. Planning Board asked for information relative to what is diameter of cul-de-sac
25 turn around and Mr. Graham responded 80 feet with 68 feet of pavement. Fire Dept reviewed
26 plans but didn't respond to this set of plans tonight, Planning Board asked that the Fire
27 Department review the plans and provide feedback relative to adequate access and turning
28 capacities. Planning Board asked if the project would have the required acreage on lots if yo
29 constructed 100-foot diameter cul-de-sac. Mr. Graham stated that the roadway would take up
30 the area and would not be able to put in a house,
31
32 Planning Board raised several questions relating to the proposed sewer design and
33 drainage/stormwater management plan. Mr. Graham responded that the sewer would go into
34 one component pump and then by gravity flow to the main. The drainage desiallows for
35 the water to enter and exist through the basements of the homesgn
. All appliances (ie. furnace)
36 would be located on the first floor as required by FEMA building specifications.
37
38 Planning Board directed Mr. Daley to find out if the lots are allowed by size per zoning and
39 that subdivision is not allowing undersized lots. Planning Board requested that the applicant
40 submit a conventional subdivision plan that meets all of the subdivision requirements. Mr.
41 Graham agreed to submit a conventional plan and then discussed the waivers the project
42 would require: 1) right of way 34 feet, 2)pavement 22', 3) 80' cul-de-sac, 4) waiver requiring
43 sidewalks, 5) waiver requiring a 50' distance from the edge of the cul-de-sac and property
44 line.
45
Planning Board �
December 5,2006
Minutes of the Meeting
Page 4
1 Mr. Daley spoke with the Building Inspector and recommends that Mr. Graham receive a
2 zoning determination to determine if the proposed lots are in fact buildable. Further, a
3 condition of the any decision should include requiring that all construction comply with
4 FEMA Flood construction building codes. The roadway would initially be private, but the
5 applicants seek road acceptance of the extension.
6
7 Attorney Sears stated that he provided the Planning Board with information regarding flood
8 proof construction. He continued by stating that in the Town of Peabody, dozens of condos
9 have been built approved by FEMA in the flood related areas. Regarding cul-de-sac
10 diameters, Waverley Oakes and Hawthorn Circle were approved with lesser-sized cul-de-sacs.
11
12 Diane Fournier, 33 Riverview Street, stated any improvement would be an improvement since
13 the school bus is unable even come down the street to pick up the kids. Planning Board
14 responded that the purpose of these meetings is to rectify this situation from happening in the
15 future. Mr. Fournier, 33 Riverview Street, asked if the fire trucks need the full 100 feet radius
16 of cul-de-sac to make the turn or would they be happy with 68' or 80' feet?
17
18 Michelle Kiersten, 67 Riverview Street, stated it's a hardship now because there isn't a dead
19 end street sign located anywhere and delivery trucks enter this area and have no place to go
20 and end up private property.
21
22 Mr. Graham to receive input from the Fire and Police Departments and to submit a conceptual
23 definitive subdivision plan meeting all of the subdivision requirements of the Town.
24 Continued to December 19th
25
26
27 CONTINUED HEARINGS:
28
29 9. Rice North Andover, LLC - (PETCO) near Walgreen's for a Special Permit
30 Mr. Daley introduced the application to the Planning Board and distributed a decision for
31 review and comment. Attorney Manzi was present and summarized the request for a Special
32 Permit to allow a retail pet store within the retail building adjacent to the Walgreens Pharmacy
33 as required by the Planned Commercial District. There was a previously approved Special
34 Permit for Walgreen's that showed a proposed retail use for this building. Petco., a retail pet
35 store, is the tenant that has been identified to utilize the retail building and would provide the
36 following: retail sales of pet food, pet supplies, live tropicalfish; live animals, birds and
37 reptiles, pet grooming, pet training services, and appurtenant veterinary services.
38
39 A discussion ensued regarding the types of services that the retail pet store would provide and
40 whether certain services fall under the classification of retail. Gerry Brown, Inspector of
41 Buildings, submitted letter stating all the retail sales of pet food, pet supplies, Iive tropical
42 fish; live animals, birds and reptiles, pet grooming, pet training services, and appurtenant
43 veterinary services were allowed under the retail use. The Planning Board questioned pet
44 training and appurtenant veterinary services? Attorney Manzi stated that all activities and
45 services would take place within the building, such as training of animals and proper care of
46 animals, inoculations, health clinics. No operations would take place in this building. The
Planning Board
December 5,2006
Minutes of the Meeting
page 5
/es ,1
I Planning Board stated that the Special Permit is for a retail pet store. Further, if the normal
2 operations of a retail pet store included the services described then they should be allowed.
3 The Planning Board will not proscribe services and operations normally associated with a
4 retail pet store.
5
6 The Planning Board recommended the following amendments to the draft decision: 1)
7 eliminate "The retail pet store may include the sale of pet food, pet supplies, animals (including, but
8 not limited to live tropical fish, hamsters, guinea pigs, birds, and reptiles), petroomin
g g, pet training
9 services, and appurtenant veterinary services." from opening paragraph and the findings of facts #1.
10 Further, eliminate the reference to the Inspector of Buildings letter.
11
12 The Planning Board voted to allow the minor changes to the approved site plan as described in
13 the 11/18/06 letter from Michael Cassavoy, Edwards and Kelcy, to be administratively
14 reviewed and approved by the Town Planner.
15
16 Motion by Alberto Angles to approve a Special Permit as amended this evening 2nd by
17 Jennifer Kusek. Planning Board voted unanimously 4-0 in favor to grant the Special Permit
18
19 NEW PUBLIC HEARINGS:
20
21 NONE
22
23 MINUTES:
24
25 Approve the "Minutes" for November 21, 2006.
26 Motion by Jennifer Kusek, 2°d by Richard Rowen to approve the November 21, 2006 "Minutes"
27 vote was unanimous.
28
29 UPCOMING PLANNING BOARD MEETING INFORMATION:
30
31 December 19, 2006
32 January 2, 2007
33 January 16, 2007
34
35
36 Motion by Richard Rowen to adjourn tonight's meeting 2nd by Alberto Angles, vote was
37 unanimous, meeting adjourned at approximately 9:30 pm.
38
39
40
41 By order of the Planning Board
42
43
44
45
46 Accepted
Planning Board
December 5,2006
Minutes of the Meeting
Page 6
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