HomeMy WebLinkAbout2007-04-17 Planning Board Minutes V40IRT011
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 April 17, 2007
9 Town Hall, 120 Main Street
10 7:00 PM
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12 Members present: John Simons, Vice Chairman
13 Alberto Angles, Clerk
14 Richard Rowen, regular member
15 Jennifer Kusek, regular member
16 Timothy Seibert, alternate member
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18 Member absent: Richard Nardella, Chairman
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20 Staff present: Lincoln Daley, Town Planner
21 Mary Ippolito, Recording Secretary
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23 Acting Chair Alberto Angles opened the meeting at approximately 7:10 pm, and introduced the
24 Board to the assembly. John Simons would join the panel later in the evening and will take over
25 as acting Chair at that time. Alberto announced the postponements as follows:
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28 POSTPONEMENTS:
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30 Juniper Woods Realty, LLC, Juniper Woods, Map 108A, Parcel 2 — 8-Lot, Single-Family
31 Definitive Subdivision and Planned Residential Development. First meeting date: August 1,
32 2006. Waiver on file until June 17, 2007, (Continued to June 5, 2007)
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34 GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47 - Site
35 Plan Review Special Permit - Construct 25,900 s.f. retail/office building within General Business
36 zoning district. Waiver on file until May 8, 2007. (Continued to May 1st, 2007)
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38 San Lau Realty Trust, 109-123 Main Street, Map 29, Parcel 48 - Site Plan Review Special
39 Permit. Proposed renovation of existing Messina's Shopping Center includes construction of
40 new buildings in the area of the existing market, retail pharmacy, and liquor store. Waiver on
41 file until May 8"'. (Continued to May 1st, 2007)
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43 Brooks School, 1160 Great Pond Road, Map 90C, Parcel 25, & Map 103 Lot 28 — Site Plan
44 Review Special Permit and Watershed Special Permit in R-2 zoning district. Proposed
45 construction of a 29,447 s.f. +/- two-story Science Building and freestanding greenhouse. (Public
46 Hearing will open on May 1st, 2 00 7)
Planning Board
Minutes
April 17,2007
Page I
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2 Peachtree Subdivision Drainage Discussion - Gene Willis, Town Engineer, discuss drainage
3 issues regarding Chestnut Street. Awaiting plan from developer. (Continued to May 1st, 2007)
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6 DISCUSSION ITEM (S):
7 None
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9 Acting Chair announced the following public hearing warrant articles and opened them for
10 discussion:
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12 Town Warrant Articles
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14 1. Omnibus Street Acceptance. To see if the Town will vote to accept Bayfield Drive,
15 Flagship Drive, Long Pasture Road, Nutmeg Lane, Periwinkle Road, Sherwood Drive,
16 Thistle Road, Willow Street, and Willow Street (South) Extension as public ways and to
17 authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise
18 any fee, easement or other interest in the above listed streets and any easements. Petition of
19 North Andover Board of Selectmen.
20 (Continued from the April 3, 2007 Planning Board Public Hearing)
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22 Lincoln stated the following streets were submitted for Street Acceptance: North Andover
23 Business Park; Willow Street (South) Extension; Willow Street; Bayfield Drive; Flagship
24 Drive and recommended to postpone this until the DPW finalizes their issues. No comments
25 from the audience. Continued until May 15t PB meeting.
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28 2. Amend Zoning Bylaw: Add New Section, Section 8.1(5) Off Street Parking Fund. This
29 article proposes adding a new section, Section 8.1 (5) to create a regulatory funding
30 mechanism allowing applicants to submit a payment to the Town in lieu of constructing off
31 street parking spaces as required by the Zoning Bylaw for projects located in the Downtown
32 District. Petition of North Andover Board of Selectmen.
33 (Continued from the April 3, 2007 Planning Board Public Hearing)
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35 Lincoln stated this article would be taken off the Town Warrant; look at grant for
36 zoning of down down districts. No need to vote on this article,
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38 3. Amend Zoning Bylaw: Add New Section, Section 7,4(5) and (6) Dimensional
39 Requirements for Building Heights. This article proposes to amend the North Andover
40 Zoning Bylaw by adding new sections, Section 7.4(5) and (6) to include the height
41 limitations/exceptions for pharmaceutical manufacturing uses, certain accessory renewable
42 energy structures, and certain uses located in an Industrial Zoned District. Petition of North
43 Andover Board of Selectmen.
44 (Continued from the April 3, 2007 Planning Board Public Hearing)
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Planning Board
Minu(es
April 17,2007
Page 2
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l Curt Bellavance, Director of Community Development will speak tonight. Language in this
2 article was modified according to the PB discussion. This will address pharmaceutical
3 manufacturing silos, which are allowed in Industrial zoning district to increase to 115 feet.
4 PB would like a picture of a silo. Motion by Jennifer Kusek, 2nd by Richard Rowen to
5 recommend favorable action, vote was unanimous 4-0, motion approved.
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8 4. Amend Zoning Bylaw: Add New Section, Section 17 Osgood Smart Growth Overlay
9 District. This article proposes to amend the North Andover Zoning Bylaw by adding
10 Section 17 Osgood Smart Growth Overlay District and in connection therewith to amend the
I1 North Andover Zoning Bylaw Section 3.1 "Establishment of Districts" by adding the name
12 OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD). Petition of North
13 Andover Board of Selectmen.
14 (Continued from the April 3, 2007 Planning Board Public Hearing)
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16 Lincoln stated this language has been revised. Curt Bellavance to speak tonight. Language
17 in bylaw was 90 % about 6 months ago, fine-tuned language, met with all departments of
18 Community Development who has approved language under 40R. Met with property owner
19 and our Town Counsel to address language. Waiting for State to finalize the language.
20 Awaiting a site eligibility letter to allow Town Meeting to vote on the 40R language.
21 Overlay district will allow a variety of uses (presentation done by Lincoln), Plan requires a
22 restriction regarding affordable units. Town receives money back once permits are issued.
23 20 units per acre to a maximum 530 units. No comments from the audience. Alberto stated
24 that the Planning Department has done good work on this project. Motion by Richard
25 Rowen, 2"d by Jennifer Kusek to recommend favorable action vote was unanimous 4-0
26 motion approved.
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29 5. Amend Zoning Map: Create Osgood Smart Growth Overlay District. This article
30 proposes to amend the Zoning Map of North Andover, pursuant to Section 3.2 of the Zoning
31 Bylaw, to add as a zoning overlay, the OSGOOD SMART GROWTH OVERLAY
32 DISTRICT as shown on Assessor's Map 34, Parcel 17 and identified as 1600 Osgood Street,
33 North Andover, Former Lucent Technologies Site. Petition of North Andover Board of
34 Selectmen.
35 (Continued fr oni the April 3, 2007 Planning Board Public Hearing)
36 No comments from the audience. Motion by Richard Rowen, 2"l by Jennifer Kusek to
37 recommend favorable action vote was unanimous 4-0 motion approved.
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40 6. Town Meeting Warrant Article — Expedited Permitting Procedures. To see if the Town
41 will vote to accept the provisions of Chapter 43D of the Massachusetts General Laws, as
42 amended, pursuant to Section 1 I of Chapter 205 of the Acts of 2006, and to approve the
43 filing of a formal proposal with the Interagency Permitting Board for the designation as an
44 overlay for land at 1600 Osgood Street (Map 34, Parcel 17). The proposed article creates a
45 mechanism in which the state will provide funding to municipalities to incorporate the
Planning Board
Minutes
April 17,2007
Page 3
I expedited permitting process into the Town's Zoning Bylaw. Petition of North Andover
2 Board of Selectmen.
3 (Continued from the April 3, 2007 Planning Board Public Hearing)
4 Lincoln stated that Curt Bellavance would address this article. Asking Town Meeting to vote
5 to allow us to accept the 43D provisions. Town put together an application to the State to get
6 a grant to hire a consultant to review all of our bylaws and regulations in Town that would
7 impact portions of property. Once Town received grant then Town has to come back in
8 again to vote to make the changes acceptable to this article. Motion by Jennifer Kusek 2"d
9 by Richard Rowen to recommend favorable action vote was unanimous 4-0 motion
10 approved.
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13 7. Amend Zoning Bylaw: Amend Section 6 Signs and Sign Lighting Regulations of the
14 Zoning Bylaw. This article proposes to amend the Town of North Andover Zoning Bylaw,
15 Section 6 Signs and Sign Lighting Regulations in order to revise the sign ordinance for all
16 zoning districts. (Petition of North Andover Board of Selectmen.)
17 (Continued fi°ani the April 3, 2007 Planning Board Public Hearing)
18 Lincoln stated this article has been removed from the Town Warrant. No motion was
19 made.
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21 Acting Chair announced that the following articles #8, #9, #10 were recommend for
22 favorable action at the April 3, 2007 PB meeting.
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24 8. Amend Zoning Bylaw: Amend Sections 8.9(3)(c)(v), 8.9(5)(d)(vii)(3), and 8.9(8) Wireless
25 Service Facilities. This article proposes to amend the Town of North Andover Zoning
26 Bylaw, Sections 8.9(3)(c)(v), 89(5)(d)(vii)(3), and 8.9(8). The added language eliminates
27 the setback requirements for wireless communication facilities located within an existing
28 enclosed structure and the requirement for an approval letter from the State Board of Health.
29 The language further updates the Radiofrequency Radiation (RFR) Filing Requirements for
30 wireless communication to mirror the submissions of the FCC and establishes a schedule for
31 structural inspections of wireless facilities. (Petition of North Andover Planning Board.)
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33 Motion by Alberta Angles, 2"d by John Simians to reconimenclfayorableaction regarding
34 article 10 to amend section 8.9(3)(c)(v) and 8.9(5)(d)(vii)(3) and recommend favorable
35 action to delete any changes to 8.9(8) vote was unanimous 5-0.
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38 9. Amend Zoning Bylaw: Amend Usable Open Space Section 8.5.6(F). This article proposes
39 to amend the Town of North Andover Zoning Bylaw; Section 8.5.6(F) in order to further
40 clarify the definition of Usable Open Space and the method for calculation within a Planned
41 Residential Development. (Petition of North Andover Planning Board.)
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43 Motion by Alberto Angles, 2' by John Simons to recommend favorable action regarding
44 article 11 and to amend the North Andover Zoning Bylaw, Section 8.5.6(F) vote was A
45 unanimous 5-0.
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Planning Board
Minutes
April l7,2007
Page 4
1 10. Amend Zoning Map Parcel Fronting Sutton Street — Assessors Map 28, Parcel 1 and
2 Map 39, Parcel 24. The article proposes the rezoning of the property located at 200 and 220
3 Sutton Street from their current zoning designation of Industrial-S (I-S) to Business 2 (B-2).
4 (Petition of John T. Smolak, citizen petition.)
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6 Motion by John Simons, 2' by Alberto Angles to recommend favorable action regarding
7 article 12 to rezone Map 28, Parcel 1 and Map 39,parcel 24 for property located at 200 and
8 220 Sutton Street from their current zoning designation of I S to B-2, vote was unanimous. 5-
9 0.
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12 11. Amend Zoning Bylaw: Amend Section 4.133 Industrial 2 District. This article proposes
13 amend Section 4.133 Industrial 2 District of the North Andover Zoning Bylaw by adding
14 Section 4.133(24) to allow additional uses within the district and in connection therewith, to
15 amend Table I (Summary of Use Regulations) under the list of Permitted Uses. The uses
16 allowed mimic the uses proposed within the 40R Overlay District allowing commercial and
17 retail uses within the 12 District. (Petition of John T. Smolak, citizen. petition.)
18 (Continued from the April 3, 2007 Planning Board Public Hearing)
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20 Atty. Smolak stated this article was a placeholder in the event that something should happen
21 with the 40R article. Atty. Smolak recommended that the PB table their recommendation
22 until Town Meeting. Atty. Smolak submitted a document from Assessor regarding allowed
23 uses (for the record). Consider adopting the uses in CDD2 for this article. PB agreed to
24 table this and make a recommendation at Town Meeting. Lincoln to submit pros and
25 cons and feedback to the PB.
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29 12. Amend Zoning Map Parcel Fronting Turnpike Street (Rte. 114) -- Assessors Map 108C,
30 Parcel 9. This article proposes to rezone a parcel of land, North Andover Assessors Map
31 108-C, Parcel 9, located on Route 114/Turnpike Street and Berry Street from its current
32 zoning designation of Residential 2 (R2) to Corridor Development District 2 (CDD2).
33 (Petition of Mark Schwartz, citizen petition.)
34 (Continued frona the April 3, 2007 Planning Board Public Hearin
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36 Lincoln stated that the I-2 zoning district might not fit the area relative to this parcel.
37 Applicant petitioned the BOS to reopen the warrant to change the zoning from 1- 2 to CDD2
38 to provide more opportunity for the owner to commercially develop the property. PB agreed
39 to Table this until the May 1st PB meeting when the applicant will be available. John
40 Waters, 2125 Turnpike St., remarked unfavorably that the applicant didn't contact him to
41 discuss this rezoning issue, phone numbers were swapped but apparently no attempt was
42 made to communicate. It was noted that the applicant advertised the legal notice in the
43 Tribune for the May 1"PB meeting. Non-resident property owners are also legally noticed.
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Planning Board
Minutes
April 17,2007
Page 5
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1 13. Article 21 —Capital Improvement Plan Appropriation Fiscal Year 2008.
2 PB agreed to Table this until May 1St PB meeting.
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5 14. Article 34 ---- Petition the General Court — Enact General Bylaw, Machine Shop Village
6 Neighborhood Conservation District Bylaw Chapter 134, Neighborhood Conservation
7 District Machine Shop Village.
8 PB agreed to Table this until May 1St PB meeting.
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11 15. Article 38 — Amend General Bylaw Insert New Chapter— Chapter 82 —Demolition Delay.
12 PB agreed to Table this until May 1St PB meeting.
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17 PUBLIC HEARINGS:
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19 16. Crusader Paper, 350 Holt Road, Map 78, Parcel 01 — Site Plan Review Special Permit in
20 I-2 zoning district. Proposed construction of 18,000 s.f. addition to existing Crusader Paper
21 building. Requested to be heard at April 17th PB meeting.
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23 Ben Osgood Jr., Engineer was present. Project was reviewed by VHB and reviewed by
24 Lincoln. Applicant is going to Con/Com for Notice of Intent — project is 200 feet from
25 riverbank. Parking lot has no changes; proposing a bit of extra drive along area of addition,
26 pitch the drainage so it drains in the pond. Applicant is in front of ZBA because this requires
27 122 parking spaces; there are 48 on site. Manufacturing requires 1 parking space per lK s.f
28 Crusader Paper has stayed as a family business since 1986. Engineer is requesting waivers.
29 Received VHB review with minor comments. Dumpsters stay on South side of building;
30 lighting stays the same. Architect will match existing exterior of the addition w/ cement
31 block. This project will improve the site. A few wall lights will be added, light over door
32 added, no additional signage added. Does Fire Department require sprinklers? 3 hydrants
33 are located on site now. Project is on septic system now. Keep open until next PB
34 meeting. Draft decision.
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38 17. Ronald & Karen McCluskey, 870 Great Pond Road, Map 103, Parcel 112- Watershed
39 Special Permit in R-1 zoning district. Proposed construction of 458 s.f one-story wood
40 frame addition w/garage under, and patio, and drainage structure. Applicant is grand
41 fathered as lot was created prior to 1994. No grading changes proposed as changes are at
42 existing grade. Portion of deck removed to accommodate the new structure. Work is 100
43 feet of wetland. Order or Conditions have been issued by Con/Com,
44 Please note: John Simons arrived at 8:40 pm.
45 Two driveways are currently located on the property. Lawn mower will be housed
46 underneath proposed family room addition. Drywell will pick up runoff from addition.
Planning;Board
Minutes
April 17,2007
Page 6
I Current down spouts run out to lawn. No additional driveway is proposed, Retaining wall
2 will be broken into in order to accommodate the proposed addition. Proposed construction
3 falls within Non-disturb zone of the Watershed. Proposed patio will be surrounded by
4 stone dust. Gene Willis, DPW, reviewed project with minor edits. Property is on Town
5 sewer. Show actual sewer tie in on the plan. During construction mitigation PB
6 cautioned applicant to be careful because this property is not that far away from the
7 Lake itself approximately 260 feet. Proposed to start work in one month. No noxious
8 chemicals can be used, include in PB decision. Motion by Richard Rowen, 2°d by Jennifer
9 Kusek to close the public hearing tonight, vote was unanimous 5-0, Draft decision.
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12 Chair called for approval of the"Minutes"
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14 Motion by Jennifer Kusek, 2"d by Alberto Angles to approve the April 3, 2007 "Minutes"
15 vote was unanimous 5-0.
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17 Impromptu discussions:
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19 + Lincoln read a letter from Alberto Manzi, Chair ZBA, regarding his preference to
20 comment on the current warrant articles prior to Town Meeting (letter for record). PB stated
21 that Mr. Manzi should plan to do his comments/recommendations ASAP.
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24 • 1003 Osgood property, Joe Levis as a condition of the sale, proposes to tear down
25 the barn located at 1003 Osgood St. This upsets John Simons because it's inconsistent with
26 the history of this property. This information is disappointing because the barn is a 19th
27 Centuty property and the Town is losing this kind of property all the time.
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29 • In-light of the Town's recent plan to replace regular light bulbs with fluorescent
30 bulbs in order to be cost and energy effective, it was noted that the existing overhead eyeball
31 lights should probably be replaced with cost and energy effective fluorescent bulbs.
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33 • Riverview Street is flooded due to the storm of this week. The beginning of the
34 road is flooded, and unfortunately this condition has caused flooding of approximately 2 feet
35 of water.
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38 UPCOMING PLANNING BOARD MEETINGS:
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40 May 1, 2007 Regularly scheduled Planning Board Meeting
41 May 14, 2007 Annual Town Meeting
42 May 15, 2007 Regularly scheduled Planning Board Meeting (CANCELLED)
43 June 5, 2007 Regularly scheduled Planning Board Meeting
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Planning Board
Minutes
April 17,2007
Page 7
I Motion by Richard Rowen, 2"d by Jennifer Kusek, to adjourn tonight's meeting, vote was
2 unanimous 5-0. Meeting adjourned at approximately 9:15 pm.
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9 By order of the Planning Board
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16 Approved
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Planning Boni l
Minutes
April 17,2007
Page 8