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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 Minutes of the Meeting
7 January 16, 2007
8 Town Hall, 120 Main Street
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12 Members present: Richard Nardella, Chairman
13 John Simons, Vice Chairman
14 Richard Rowen
15 Jennifer Borax-Kusek
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17 Member absent: Alberto Angles, Clerk
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19 Staff present: Lincoln Daley, Town Planner
20 Mary Ippolito, Recording Secretary
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24 Chair called the meeting to order at approximately 7:10 pm, and explained the procedure to the
25 assembly; stated that he would open the meeting by announcing the following postponements:
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28 POSTPONEMENT:
29 Bonny Realty Trust 1 Amy Constantino, Trustee, 12 Bonny Lane, Map 62, Lot 41.
30 Watershed Special Permit to construct a single-family dwelling with attached garage, driveway,
31 and associated utilities within the Non-Disturbance and Non-Discharge Buffer Zones of the
32 Watershed Protection District.Applicant is filing ANRAD wlCon/Corn. A Waiver Request Form is
33 on f le Cantil February 13, 2007.
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35 Juniper Woods Realty, LLC, Juniper Woods, Map 108A, Parcel 2— 8-Lot, Single-Family
36 Definitive Subdivision and Planned Residential Development. First meeting date: August 1,
37 2006. Applicant wishes to be placed on the February 6, 2007 PB meeting. A Waiver Request
38 Form is on file until 'ebr arary 20, 2007.
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40 Donald & Debra Stanley, 58 Country Club Circle,Watershed Special Permit. Construct a 3-
41 stall garage at end of existing driveway in Non-Disturbance zone. Meeting continuedfi-om
42 January 2, 2006. Applicant is currently.filing an application ivith the Zoning Board gfAppeals
43 for a Variance request. A Waiver Request Form is on,frle until February 13, 2007.
44 Lincoln stated that applicant is requesting a variance first then willproceed with the Planning
45 Board.
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Planning Board
Minutes of the Meeting
January 16,2007
Page 1
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3 DISCUSSIONS:
4 Joe Levis, 1003 Osgood Street, Map 35, Lot 50. Modification to the approved Site Plan Review
5 Special Permit and Watershed Special Permit to relocate the access roadway, parking lot re-
6 configuration. Applicant to request to withdraw without prejudice? A Waiver Request Form is on
7 file until January 26, 2007.
8 Chair stated that Mr. Levis was present. Chair asked for an update of this project as this project
9 was previously approved. Lincoln stated there was an easement issue with this property to the
10 abutting property of Hearthstone Realty Trust of 1025 Osgood Street, and it's since been
11 recorded. This modification for a Site Plan Review Special Permit now is to connect to the
12 parking configuration design that was previously in front of the PB. Mr. Levis stated that the
13 reason he didn't come back ASAP is because he was working on several other deals with people
14 to acquire his property, time passed by, now he doesn't have anyone to buy this property. Chair
15 stated that Mr. Levis needs to come back with a new definitive Site Plan. Property of 1003
16 Osgood Street while under ownership by Mr. Landani (a previous owner) was approved by the
17 PB. However, Mr. Levis never got approval from PB for 1003 Osgood Street under Mr. Levis'
18 new ownership of the property. Mr. Landani's plan was approved over a couple of years ago.
19 What is the date of the original decision for Mr. Landani (2005)?. Chair stated that Mr. Levis to
20 check when that decision will expire. Chair instructed Mr. Levis to have his engineer talk
21 w/Lincoln to see what was done on the site. VHB reviewed Mr. Levis' plan. Memorialize what's
22 been done now so that it's in sink w/what's been done at Treadwell's site now. PB would like to
23 approve the modification that's before then and move forward.
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25 Please note: Mr. Simons arrived at 7:17pm.
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28 Bond Releases:
29 John Krygeris, Channel Building, 150 Flagship Drive - Watershed Special Permit for 11,074
30 s.f. of warehouse addition. Requesting bond release for a performance bond of$3K and erosion
31 control bond of$3K (plus accrued interest) for each. Lincoln stated that a letter from the engineer
32 and as-built was submitted. Motion by Richard Rowen to release and close out both bonds +
33 accrued interest, 2nd by John Simons, vote was unanimous.
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37 John Desmond, 1775 Great Pond Road - Watershed Special Permit for the addition of a
38 carriage house w/sewer & water line. Requesting bond release for a performance bond in the
39 amount of$1K(plus accrued interest). Lincoln stated DPW inspected property and everything is
40 ok, and stabilized. This is for water and sewer for a proposed construction of a carriage house in
41 the watershed. Motion by Richard Rowen, to release and close out a bond+ accrued interest, 2"d
42 by Jennifer Kusek, vote was unanimous. Mr. Desmond was present and stated that Mike Spealer
43 framed the carriage house and put in a mahogany ceiling and that he was pleased with his work.
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Planning Board
Minutes oFtlic Meeting
Jan€nary 1 G,2007
Page 2
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I CONTINUED PUBLIC HEARINGS:
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3 Steve Sullivan & Michael Foster - 163 Main Street, Site Plan Review Special Permit. Raze
4 existing dwelling and rebuild new Insurance Agency. Applicant submitted revised landscaping
5 plan in time for January 16, PB meeting. Continued from January 2, 2007. A Waiver Request
6 Form is on file until.l"anualy 23, 2007.
7 Lincoln stated that the applicants submitted a revised plan, showing landscaping and extended the
8 fence to wrap around western side of property, should add additional buffering and buffer
9 lighting. Mike Foster and Steve Sullivan presented and stated that light post#12 will be on a
10 timer and will go off around 6pm as the PB doesn't want lighting on all night. If it becomes a
11 problem let PB know. Edits....decision calls for environmental monitor and construction monitor,
12 PB wants either/or. Set bond at$4K . Get police detail scheduled to watch when lines are run
13 from street to new structure. Dust mitigation clause such as any dirt stock piled on site, get
14 engineer to cover the dirt during construction phase. Mr. Sullivan stated that he will start the
15 project when the weather breaks.... Edits ....make clause lights are not to be on past 6pm.......no
16 dumpsters on site.......Motion by John Simons to close public hearing, 2"d by Jennifer Kusek,
17 vote unanimous, close public hearing. Motion by John Simons to approve the Site Plan Review
18 Special Permit as amended this evening, 2"a by Jennifer Kusek, vote unanimous 4-0 approved.
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21 DISCUSSIONS: "!
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23 Lincoln & PB discussed 40R project. Map is color coded, residential units to go on red property.
24 Will put in restaurant. Now there is green zone, include green area to include mixed use
25 purposes. Look at definition of mixed use. Bldg 20 or 21 was included in the green area. Blue
26 will maintain manufacturing aspect. Underlying zone stays the same. Chair likes where mixed
27 use is carved into residential such as ball parks and will serve for residential use better. Limiting
28 number of units to approximately 500. However, filed for 40B for approximately 300 units.
29 Somewhere in green is 200 more units. PB to be included in final review of subdivision. Will
30 apply to State at end of this month. Difficulty getting developer on board to decide what project
31 will be. Public objecting to area being blue, however, this area was recently landscaped and put
32 lots of money into it.
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35 Lincoln has not heard from applicants for Riverview subdivision project recently. PB isn't
36 convinced that project is practical given the number of residential lots to be built on area in flood
37 plain. PB had a difference of opinion on this project and will keep an open mind.
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40 Messina project is proactive, give Chris Huntress a call regarding why can't new buildings be
41 built closer to the street. Mr. Huntress to show PB his project to get this to move quicker. No
42 large chain will put their parking in the back of building. John Simons disagreed because there are
43 hundred's of examples that have parking in the back. When site was permitted it required 180
44 parking spaces. They provided only half the number of parking spaces required because of
45 section of the bylaw. They became preexisting non-conforming. PB should do everything to help
46 applicant. Different roof lines are proposed, tear out existing super market building. Shorten
Planting Board
MillOCS of the Meeting
January IG,2007
Page 3
I island in parking lot....Some of the use will change. Mr. Huntress should sketch something out
2 on paper regarding parking spaces, if drive thru then show how it would work and present to PB.
3 Make improvements to the side street at end of building, no curb now so put proper curb on side
4 street. Lincoln stated that Curt applied for a grant to look at down town area and how to approve
5 zoning and parking requirements, he's trying to get consultant to work with Town. Don't limit
6 project in accordance w/parking. Add tree scape to beautify project get area to look nice, be
7 inventive. Messina project to file this week.
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10 Zoning warrant articles. Lincoln revised language 8.5F usable open space and incorporated PB
11 comments into revised language. Edits....P I is current language; P 2 & 3 is revised language.
12 John Simons stated that 213 if it's not part of a lot then say it's for a site plan PRD rather than use
13 the language. (eliminate words not so) For subdivision PRD none of the lots can be included in
14 open space by definition. For both subdivision and site plan anything within 25 feet.
15 Chair read the language it's 25% of the 35%. John Simons edits....in 2F made comments to have
16 flexibility, be more careful about what you are waiving. This doesn't refer to section 1, we are
17 not waiving the amount of open space. You can't waive the percentages. Chair handed his
18 changes to Lincoln. Jennifer to go thru this a give edits to Lincoln. Richard Rowen gave Lincoln
19 changes already.
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22 8.9 wireless is next...... ....Town counsel recommended PB alter 8,9 section of bylaw. 600 feet
23 is unenforceable.....this isn't worth changing ......Lincoln to send 8.9 to Town Counsel and see
24 what he says. Issue is PB could change the rest of section 8.9 but leave 600 foot information out.
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27 Sign bylaw.....BOS should take this one on; it's been changed a few times. Lincoln is working
28 with down town businesses to improve language.
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31 UPCOMING PLANNING BOARD MEETINGS:
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33 February 6, 2007
34 February 20, 2007
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36 Motion by Richard Rowen to close and adjourn tonight's meeting, 2"d by Jennifer Kusek, vote
37 was unanimous, meeting adjourned at approximately 8:23 pm.
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40 By order of the Planning Board
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43 Approved
Planning Board
Minutes of the Meeting
January 16,2007
Page 4