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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 "Minutes of the Meeting"
7 March 20, 2007
8 Town Hail, 120 Main Street, 2"d floor conference room
9 7:00 PM
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13 Members present: Richard Nardella, Chairman
14 John Simons, Vice Chairman
15 Alberto Angles, Clerk
16 Richard Rowen
17 Jennifer Kusek
18 Timothy Seibert, alternate member
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21 Staff present: Lincoln Daley, Town Planner
22 Mary Ippolito, Planning Assistant
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24 Acting Chairman John Simons opened the meeting at approximately 7:10 pm and
25 announced the following postponements:
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27 POSTPONEMENTS:
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29 GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47.- Site
30 Plan Review Special Permit-. Construct 25,900 s.f. retail/office building within General
31 Business zoning district. PB asked engineer to add more information to the site plan. Waiver on
32 file until April 10th. Requested to be heard on April 3.
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34 San Lau Realty Trust, 109-123 Main Street, Map 29, Parcel 48 -Site Plan Review Special
35 Permit. Proposed renovation of existing Messina's Shopping Center includes construction of
36 new buildings in the area of the existing market, retail pharmacy and liquor store. G-B zoning
37 district. Requested to be heard April 3.
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39 Juniper Woods Realty, LLC,Juniper Woods, Map 108A, Parcel 2— 8-Lot, Single-Family
40 Definitive Subdivision and Planned Residential Development. First meeting date: August 1,
41 2006. Waiver on file until April 17. Requested to be heard April 3.
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44 Peachtree Subdivision Drainage Discussion - Gene Willis, Town Engineer
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Planning Board
Minutes of the Meetitig
March 20,2007
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1 Acting Chair announced the following discussion item:
2 Mark Schwarz, Map 108C, Lot 9—General discussion to rezone property from its current
3 designation of Residential-2 to Industrial-1 to allow for light industrial uses.
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5 Lincoln did an over head presentation highlighting the existing lot and surrounding properties.
6 Atty. Jill Mann was present and stated that she went back thru the master plan to obtain a more
7 suitable zoning district and use such as CDD2 for the proposed hockey rink (3 on 3) and to find a
8 better district and use to fit in with the Turnpike Street property. The permitted uses were listed
9 under the CDD2 Table 1 Summary of use regulations. She wants to place a request to rezone
10 Map 108C, Lot 9 into CDD2 on the Town warrant. This parcel is actually 3 lots, 240 feet at its
11 greatest depth, 700 feet of frontage, over 3 acres; benefit is this would allow for additional
12 recreational use to the community as a hockey rink. There is a parking lot located next to this
13 property which could allow the developer to connect to the hockey rink facility and provide
14 parking at the same time. Town owns the parking lot now, because this rink is 3 on 3 only 6 or
15 12 parents would be coming to the rink so this rink is a lot smaller than an adult size hockey rink
16 of 45 feet x 65 feet. Check setbacks on Rte.114 for CDD2. Atty. Mann advised the engineer to
17 draw a site plan for this property and show the retail/business office use and to look at what the
18 recommendation of the PB and BOS is. The applicant would clearly demonstrate what the area
19 will look like. PB will not recommend this applicant unless their Attorney submits an
20 engineering plan ahead of time so that the PB can see covenants, architectural style, how things
21 fit together on the lot. Atty. Mann will come back manned w/all these items prior to the PB
22 recommendation meeting.
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24 RICHARD NARDELLA IS NOW PRESENT AND TOOK OVER AS CHAIR AT 7;35 PM.
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26 John Waters, abutter, 2125 Turnpike St, was present and in opposition. Mr. Waters stated that
27 the parcels can be divided into three zoning lots within the R-2 zoning district. This allows for a
28 development lot for R-2 because the setbacks can easily be met even by putting a 70x 100 foot
29 house on each lot. Everything existing is in R-2 developed area right now. There is vacant
30 office space in Town right now which would be better used for applicant's office application
31 such as the many parcels located by the Equestrian Shop area which is zoned for office and
32 retail. The 3 on 3 hockey rink size would actually be more like 4 on 4 so there would be more
33 than 6 parking spaces taken up in the adjacent parking lot. Bottom line, this land is easily
34 developed to R-2 right now, every parcel is already developed as residential. He talked
35 w/abutters and they are concerned that this could be a non-residential parcel and don't want this
36 to happen and they do not support this project.
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38 Mark Schwartz, potential owner of parcel, stated that he wants to work w/abutters and Town; he
39 wants to talk w/Mr, Waters. His stated that it would take an extensive amount of time to sell
40 properties in this neighborhood in order to build new residential structures and that it would cost
41 around$1 M dol lays to do so.
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43 PB asked if this exact area is zoned for CDD1 and CDD2 now, isn't it better to take a Iook at this
44 in its entirety and overall lots and sizes, instead of doing only one parcel at a time. Lincoln to
45 look up and down the street to see what parcels are zoned for now and what he could play with
46 relative to the rezoning to add CDD1 or CDD2.
Planning Board
Minutes orthe Meeting
Murch 20,2007
Page 2
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3 Chair announced the next discussion item:
4 15 Windkist Farms Road, Form J lot release for lot 1. Attorney Arthur J. Broadhurst was
5 present. Motion by Alberto Angles, 2nd by Jennifer Kusek to vote to sign lot release for Lot 1 for
6 Windkist Farm Road, vote was unanimous 5-0. Lincoln to check if street was accepted at Town
7 Meeting. Board signed the lot release and Attorney Broadhurst took it w/him and agreed to send
8 the Planning Department a copy for the file.
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11 Chair announced the next discussion item:
12 Edgewood Retirement Community—575 Osgood St., - R-2 zoning district. Proposing a
13 residential expansion to include construction of 27 cottage-style units, renovation of 3 barns
14 located on their campus, renovation and expansion of existing "Common" building and
15 rehabilitation unit"The Meadows".
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17 Atty. Robert Lavoie was present on behalf of Edgewood. He wants to complete a pre-filing
18 process for our May PB meeting. He's met w/Curt and Lincoln previously, did a TRC meeting.
19 Property consists of 219 units approved in early 90's to allow aging in place, 219 units with
20 waiting list. Proposing independent living units which are not built on site yet. 19 acres w/barn
21 is conservation restriction. Lincoln outlined the 19 acres on the screen; the entire parcel is
22 surrounded by conservation land. Expansion of social day care program is on the agenda,
23 expand the Meadow's which is a 43 bed rehab facility used for more impaired memory patients.
24 Next project is to provide alternate dining casual atmosphere with simple meals. People of 77
25 years are active and part of the same program for entry fee and monthly maintenance fee.
26 Edgewood is a non profit organization and pays full taxes. Atty. Lavoie would agree to
27 renegotiate a new agreement w/the Town. PB has reservations w/project because what they were
28 told didn't happen with the original agreement.
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30 Lincoln to highlight some of the wording in the original decision and send it to the Board.
31 They will file April for the May PB meeting.
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34 Chair announced the next discussion items:
35 Town Warrant Articles—General Discussion
36 Lincoln stated that due to lack of response from applicants some may not be able to go forward
37 w/street acceptance at the May 14, 2007 Town Meeting.
38 The zoning articles were advertised in the newspaper and filed with the Town Clerk.
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40 Please note: Richard Rowen will not be present at the April 3rd PB meeting.
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43 Chair announced the following continued hearing:
44 Joe Levis, 1003 Osgood Street, Map 35, Parcel 50. Modification to a Site Plan Review Special
45 Permit to relocate the access roadway and parking lot reconfiguration, Waiver on file until
46 March 27'h. Lincoln submitted a memo and two decisions. Landscape plan and lighting plan
Planning Board
Minutes of the Meeting
March 20,2007
Page 3
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I was submitted and satisfies the requirement of section 8.4 Watershed and Site Plan SP were
2 already put into decision for 1025 Osgood Street. PB went over the decisions, Joe Levis, 160
3 Pleasant St. stated that when he purchased the property he was told there was a soccer field but
4 that was rejected. The soccer field went away but covenant or restriction still is in place. The
5 exact location has not been specified yet regarding soccer field. Soccer field is included in the
6 original decision. Edits: put location of the conservation line of no build in square footage
7 into the decision now. Add to the decision "will review and approve it as submitted" into
8 the new decision regarding the conservation line. If Mr. Levis needs a few parking spaces
9 on the far right then it's ok w/PB to he flexible. Check the new decision and make sure the
10 parking spaces and dumpster area is added to decision. Slot in the bond amount.
11 Highlight the changes to the decision.
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13 Motion by Richard Rowen, 2nd by John Simons to approve minor modification for a Site Plan
14 Review Special Permit, vote was unanimous 5-0. Timothy did not vote.
15 Motion by Richard Rowen, 2nd by John Simons to approve as modified this evening as outlining
16 the conservation and bond issue this evening, vote was unanimous 5-0. Timothy did not vote.
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19 Chair announced the following public hearing:
20 Robert Maurer, 88 Johnson Street, Map 97, Parcel 2- Frontage Exception Special Permit in
21 R-3 zoning district. Proposing to subdivide existing 3+ acre parcel on Johnson Street, Phil
22 Christenson was present and stated that this is to create 3 lots on Johnson St. There is an existing
23 house and barn on 3 acres presently, has enough frontage on 2 lots, the middle lot is short of
24 required frontage in R-3. Applicant has met all of the requirements, an alternative is to develop
25 3 lots w/cul de sac and leave house and barn in place. Or, take down house and barn and create 4
26 lots instead. Mr. Maurer wants to build a smaller house now and get income from a 3rd lot. No
27 wetland on site, water and sewer on street, they feel this is better than doing a subdivision and
28 create a new roadway. PB looked at where the roadway would be placed if this were to become
29 a subdivision. Garage was added to the barn but it is going to be razed, it was not part of the
30 original plan. If applicant did nothing he could carve out one additional buildable lot. If he
31 chose to construct a short roadway then he could have three lots. PB worked w/a lot of people in
32 the library area regarding types of housing that could be built. Lincoln to look at this issue for
33 next year's Town Meeting. PB isn't delighted w/alternative of lot subdivision. Look at
34 Chestnut Street toward Andover St., PB approved two extra houses there 10-22 years ago; those
35 houses are the best looking houses around. PB wants to make sure what goes in there is keeping
36 w/the existing style of the neighborhood.
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38 Robert Maurer moved to North Andover in 1962 and lived on Court St,, then moved to 88
39 Johnson St. 30 years ago. The house was uninhabitable and his father and he worked on the
40 house for one year before moving in. It was in terrible shape and not maintained in decades.
41 That house was center of family Iife for 30 years; His children double as family and abutters
42 because they live behind Mr. Maurer now. He would not do anything to detract from this area.
43 He wants to hold lot 3 in hopes that one of his other children will move back, the other lot will
44 go to another one of his children. He spoke w/his abutters on Johnson Street and went over in
45 detail the plot plan. The house he wants to put there will be a 3K square foot colonial, designed .
46 first floor as dining room to convert to a bed room and adjacent is full bath. Abutters concerns
Planning[hoard
Minutes of the Meeting
March 20,2007
Page 4
I are about trees, he brought an arborist in and lot 1 used to be a formal garden, grass and shrubs,
2 however, no trees there now. Those trees are not worth anything. The peripheral of 5 beautiful
3 trees will be maintained. New house will be setback about a half a house. Trees issue was
4 discussed w/his abutter. Disassemble the stone wall to have construction and access. Then re-
5 assemble the stonewall. House was built in 1831 alk/a/Johnson estate. His guide has been to
6 keep the historical look of the house. All of the new houses will face the street PB wants to
7 make sure of this, they don't like it when the houses are facing any which way what ever.
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9 Chair asked for abutters in favor or not in favor. Glen Johnson 59 Salem St., he wants PB to
10 drive by property, if two houses were to be built on this property it will brake up the historical
11 look, and the stonewall would have to be broken thru to do so. If plan approved is there
12 opportunity to further subdivide this property? Check bylaw because you can not further divide
13 front exception lot once it's approved. Run off from the property storm water and sewerage
14 presents a problem, condition this in development. Further development on this property will
15 affect the abutter's Iots. Topography drops off in direction of Mike Bower, Mike Paine, and
16 Glen Johnson. Runoff renders their yards unusable in June/July, he can't walk in his yard
17 without boots. Mr. Paine doesn't have this problem but he spent 18K installing a drainage
18 system in his backyard. It's clear there is sewerage run off from Dr. Maurer's property. This
19 property is in Watershed District in terms of addressing sewerage, it's important to tie into the
20 town sewer system. High water table or water runoff in area. Adding more septic system to an
21 existing leaching field problem doesn't make sense. Peter Calkins, 79 Johnson St. he selected
22 this neighborhood because of the flavor of this neighborhood, He's asking that PB consider
23 ways that the character of lot and street is protected, setbacks of homes, write in special
24 conditions to this.
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26 Dr. Maurer stated he spent $6K having the stonewall reconstructed, he cares about it quite a bit,
27 and house has town sewerage and has had it for as long as he's lived there. The new houses will
28 be on town sewer, He put in infiltrations basins so roof water gets infiltrated in the basins in
29 ground. PB told abutter to contact BOH about sewerage problem.
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31 Mike Bower, 49 Salem St. stated that the amount of water is 4 inches standing in his back yard,
32 he has called Board of Health and advised that the water is smelly and tainted; he's going to go
33 back to the BOH to settle this problem. Problem is this tainted water is going into the watershed.
34 PB can't fix pre-existing water conditions. PB stated their concern w/ground water it's rampant
35 in N.A. Make sure PB condition the decision heavily with infiltrators, conditioned on filing
36 a form A etc. PB wants new construction to reflect what Johnson St. was and is. Come
37 back in on April 17th
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40 MINUTES:
41 Approve the Minutes of the Meeting for March 6, 2007.
42 Motion by Alberto Angles, 2"d by Richard Rowen, to approve the March 6, 2007 PB Minutes,
43 vote was unanimous 5-0.
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Planning Board
Minutes of(lie Meeting
March 20,2007
Page 5
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I Impromptu discussion:
2 Chair recognized that Ellen McIntyre, ZBA member, was in the audience. Chair admonished
3 that at a recent ZBA meeting Ms. McIntyre acknowledge that the Planning Board should do the
4 Planning for the Messina property. The property required a parking variance and kiosk issue
5 from the ZBA. Ellen is here to speak to this issue tonight to say the communication should be
6 opened up between both Boards. The applicant was getting all sorts of different messages, some
7 from ZBA and some from Planning. ZBA should do ZBA issues, PB should do PB issues.
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11 UPCOMING PLANNING BOARD MEETINGS:
12 April 3, 2007
13 April 17, 2007
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16 Motion by John Simons, 2"d by Jennifer Kusek to adjourn tonight's meeting, vote was
17 unanimous 5-0 meeting adjourned at approximately 9:15 pm.
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35 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are
36 not listed on the agenda.
Planning Roard
Minutes of Elie Meeting
March 20,2007
Page 6