HomeMy WebLinkAbout2007-06-05 Planning Board Minutes V%0RTy
IED
rev
4 �ss�caug
5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 June 5,2007
9 Town Hall, 120 Main Street
10 7:00 PM
11
12
13
14
15 Members present: Richard Nardella, Chairman
16 John Simons, Vice Chairman
17 Alberto Angles, Clerk
18 Richard Rowen
19 Jennifer Borax-Kusek
20 Timothy Seibert, alternate member
21
22 Members absent: none
23
24 Staff present: Lincoln Daley, Town Planner
25 Mary Ippolito, Recording Secretary
26
27
28 Chair called the meeting to order at approximately 7:10 pm and announced the PB meeting
29 schedule has been changed. The June 19, 2007 PB meeting has been rescheduled to June 26,
30 2007. The July 3, 2007 PB meeting has been cancelled. Chair thanked Lincoln Daley, Town
31 Planner, for doing such a great job on the 40R project, Lincoln and Curt Bellavance both
32 attended many meetings for this project, they worked hard on constructing of the bylaw, Lincoln
33 was a stand out. Chair also thanked Mary Ippolito,Recording Secretary, for her work relative to
34 preparation for Town Meeting. Chair announced the following postponements.
35
36 John Simons arrived 7:10 pm.
37
38 POSTPONEMENTS:
39
40 Juniper Woods Realty, LLC,Juniper Woods,Map 108A, Parcel 2--8-Lot, Single-Family
41 Definitive Subdivision and Planned Residential Development, First meeting date: August 1,
42 2006. Waiver on file until July 17, 2007.
43 Lincoln stated that a transition in ownership of the property has to be legally resolved;
44 Planning Department has a waiver until July 170i. If we don't have an update for the next
45 PB meeting then the Chair will strongly urge applicant to withdraw without prejudice.
'l6
Planning Board
Minutes
June 5,2007
Page i
4
I Angus Realty Corporation (Butcher Boy) — 1077 Osgood Street, Map 35, Parcel 27 - Site
2 Plan Review Special Permit & Watershed Special Permit to permit construction of parking lot
3 expansion area and associated storm water management system within G-B Zoning District.
4 Lincoln stated that the applicant is in front of Con/Com and that the applicant is revising
5 the plan relative to storm water management. Applicant submitted a waiver for June 26,
6 2007.
7
8 Chair announced the following discussion items:
9
10 Peachtree Subdivision Drainage Discussion - Gene Willis, Town Engineer, discuss drainage
11 issues regarding Chestnut Street. Gene Willis, DPW engineer, is concerned with ponding
12 coming onto the Chestnut St. property.
13
14 Letter dated May 3, 2007 to Mr. Minicucci requesting that his engineer submit a plan outlining
15 the location of a proposed catch basin and its connection to the drainage system.
16
17 Paul Marchionda was present tonight. Mr. Marchionda sated that the plan contains a
18 catch basin to collect water. Lincoln did an overhead presentation of the plan submitted to
19 the Board. Lincoln also showed the Hughes' property located on Chestnut Street. The
20 issue of an excessive amount of water runoff appears to be coming from Ralph Joyce's
21 form "-A" property.
22
23 Mr. Marchionda said that the orange color on the plan is for a proposal-to install-a catch
24 basin -at a low spot to pick up puddling, across from Woodley Road.
25
26 The-2n0 issue is that the Hughes' feel that because of the slope and topography of the hill
27 the Peachtree subdivision -causes the water to run down onto the Hughes property.
28
29 Is it possible to-divert the water away from the Hughes' property to run a different course
30 and be detained into the Peachtree subdivision?
31
32 Chair wants to know if the drainage ditch-located on the property was constructed by
33 Peachtree or Mr Ralph Joyce?
34
35 Mr. Marchionda stated-it isn't a Peachtree issue, if the drainage ditch was
36 added/constructed -later by Mr. Joyce. Mr. Joyce cut into the area and now the runoff is
37 finding it's way-into the Hughes' back yard.
38
39 The Planning Board asked how did the structures get built under the slope bylaw? This is
40 a disaster waiting to happen.
41
42 Mrs. Hughes, 490 Chestnut St. spoke and stated that she is the first owner of this house.
43 The drainage ditch/swale was not in her backyard when she bought the house. The
44 drainage ditch/swale was subsequently put in by Ralph Joyce. This was done apparently
45 without Town approval.
46
Planning Board
Nfinutes
June S,2007
Page 2
1 The Building Inspector approved a retaining wall. The PB could not/did not review the
2 drainage calculations for Mr. Joyce's form A lots and any subsequent changes. Someone
3 (Mr. Joyce?)did not take into account the amount of water coming onto her property when
4 they finished the drainage ditch and retaining wall.
5
6 Mrs. Hughes stated that as soon as Peacthtree was built,the water problem became worse.
7 She is getting-water on the back corner of her property,which has nothing to do w/Mr.
8 Joyce. 50 feet of hill/undisturbed-land owned by Peachtree is causing water to runoff
9 onto her property. Mrs. Hughes has previously shown the PB the pictures of her property.
10 The Chair noted that the portion of the hill in question was not altered in any way by
11 Peachtree. It is still in its natural state. Any additional water issues are probably caused by
12 the drainage ditch/Swale constructed by Mr Joyce.
13
14 Mark West,Wetland Scientist,was present. There was a previous enforcement order;,
15 issued by Julie Parrino, North Andover Con/Com,-that was issued to Ralph Joyce relating
16 to the swale causing major erosion problems on the roads. This water was redirected, but
17 never corrected the water runoff problem. This is a pre-existing condition to the building
18 of Peachtree. Ms.Parrino's letter was introduced for the record.
19
20 Mrs. Hughes disagrees w/Mr. West's statement because she lives there and knows better.
21 She's been working on this issue for over 5 years.
22
23 Lincoln to make a site visit the next time there is a heavy rain.
74
25 Mrs. Hughes wants a drainage ditch--dug out and wants Peachtree to construct it.
26
27 Lincoln wants to look at the detention pond located on southern part of property and if the
28 Town is willing to do an engineering study to see if the pond can be used to catch the runoff
29 of water.
30
31 Brian Darcey,Peachtree,was present but didn't enter into the conversation.
32 Mr. Marchionda stated if he did reconfigure the detention pond then the engineering
33 process would be costly.
34
35 If PB does nothing what would happen? Hughes' property will continue to erode, and silt
36 will wash down from Chestnut St. Mr. Willis is waiting for a solution to be presented by
37 Peachtree. PB is in agreement that it is Mr. Joyce's trench that caused the problem. This
38 is almost a private issue between these two people, but if this water impacts a problem for
39 the public right of way then we need someone to present the facts and get Mr. Willis to step
40 in. Time is Bpm now.
41
42
43 Sudarshan Chatteriee, M.D.—Lot 4 Willow Street is requesting a one-year extension to a
44 Site Plan Review Special Permit to construct a 3-story office building as it expires on July 25,
45 2007. Applicant's architect has not submitted acceptable architectural drawings to the Building
46 Inspector.
Planning Board
Minutes
June 5,2007
Page 3
I Lincoln recommends this Site Plan Special Permit be extended for one more year. Motion
2 by John Simons, 2"a by Richard Rowen to grant one-year extension of July 25, 2008 to the
3 applicant,vote was unanimous 5-0.
4
S
6 RCG, LLC 1 High St. Proposed residential dwellings, retail,_&_commercial use.
7 David Steinberg owns the property now. It was originally the Davis and Furber Machine
8 Shop. Mr. Steinberg attended a meeting w/Machine Shop Village committee to discuss the
9 historical issues at hand.
10
11 Lincoln presented an overhead presentation of the proposed structures and how they will
12 be laid out on the property.
13
14 RCG does sales and rentals and property management and he has his own construction
15 company. Done a lot of similar projects as this one. Their operation is over 700 units
16 mostly all over Massachusetts, developed over 400+ units in the past 20+years. D&F is
17 now called East Mill as of today. Contains 235,000 s.f. has 1K parking spaces, most of it is
18 vacant now. Is 23 acres includes pond and surroundings. Will introduce retail. Wants to
19 put on street parking on High Street,they took Machine Shop Village report and did an
20 overlay onto their own plan and established door fronts etc. Special Permit will entail
21 signage; they want to discuss the design of how to make this work w/the PB. He may have
22 to go to ZBA for some other issues. I-S zoning district now. This use will fall within PDD
23 zoning district use. Wants to increase parking closer to the buildings that was Phase 1.
24 Now Phase 2: they want to introduce residential. Separate lobby for residential uses off
25 Water St. portion of building. They may take up 60 units,which allows for tenants to use
26 the commercial lobbies. Put penthouses on top of some of the buildings to give units a view
27 of the pond. Phase 3 will be to do the rebuilding around the pond and he will work
28 w/Con/Com and will introduce 40 units in this building which is targeted to 55+ age clients;
29 enhancing the pond environment; doing a deck that canter leaves cantilever over the pond
30 a bit; this area is currently used for parking and floods in heavy rain, put something
31 attractive for use on the site. Phase 4: do something w/garage building, 2-acres of concrete,
32 600 parking spaces now, put housing in there sometime later. Phase 2A is reserved for
33 doing new commercial uses that are looking for new buildings. He will have an application
34 ready in a few weeks for Phase 1 and maybe Phase 2.
35
36 PB asked what can you do to slow down traffic? He wants to do a 2 way stop sign; do
37 parallel parking on High Street and create a pedestrian crosswalk.
38
39 PB likes this project. Curt and Lincoln walked the site and PB should walk around entire
40 site and you could be shown the look of their proposed projects. David will open up the
41 bridge on the property.
42
43 PB thinks this project will re-energize the downtown area. Messinas' are also looking for
44 other projects that will bring people to the downtown area. This Board will do whatever
45 they can to make this a success, but PB looks for good development, not just any
46 development, please provide real good planning and don't jam the site Was many units as
Planning Board
Minutes
June 5,2007
Page 4
I you can. You can almost create a new town center w/your project, and if we can merge the
2 two w/the Water St. shops area then we are looking to you for good conceptual ideas.
3
4
5 DISCUSSION ITEMS:
6 Wireless Service Facilities Project. Update our Town records to locate all of our towers,
7 antennas in town.
8 PB asked Mary to show date telecommunications applications have expired. If they don't
9 renew their certificate then lets do something about it. Send the list of expired
10 telecommunication Special Permits to Chairman Nardella and we will use the Building
11 Inspector to issue a cease a desist order and they will get shut down. Mary to send this list
12 to PB before the next PB meeting.
13
14
15 Residential_dwellinglocated„across the street from.CVS Pharmacy on_Rte 114.
16 Lincoln to send the owner a letter on behalf of the Planning Board advising him that he is
17 to cut the grass and keep up his property the place needs to be spruced up.
18
19
20 Chair called for the following continued hearings;
21
22 GFM General Contracting Corp., 1812 Turnpike Street Ma 106D Parcel 46 & 47— Site
23 Plan Review Special Permit - Construct 25,900 s.f retail/office building within General Business
24 zoning district. Applicant submitted waiver for Juane 19, 2007, Applicant submitted a revised
25 plan 5/17107. Revised traffic review submitted 5/11/07. VHB sent review dated 5/21/07.
26
27 Atty.Vaughan was present and stated that he revised the plan so the applicant may not
28 need the variances. Jim McDowd, Engineer,was present and stated that the building was
29 reconfigured, now trapezoid shaped, develop additional parking; has 119 spaces on the
30 plan, 23 spaces will be located below the building. Met w/Con/Con and Lisa Eggleston
31 performed her review and he responded to it, she wants issue of storm water policy
32 wrapped up. Underground parking beneath building will require a storm water pump
33 because of high ground water. The building is still above the water table. Dumpster is
34 located in back so delivery truck can get in; its enclosed on 4 sides. Entrance to
35 underground parking is 18 feet- is this sufficient for two-way traffic flow? Brian
36 O'Donnell,Architect,will present the major changes. Added parking underneath building,
37 restaurant can seat 36 now, medical office added also. Height of building reduced down
38 now it's less than 43 feet, Heavy brick structures on lower level, and stucco on upper
39 middle level now.
40
41 John Simons thinks the windows are a mix such as traditional type windows and mixing
42 modern paladin windows. He likes a traditional window look better.
43
44 Dermot Kelly present now. He responded to VHB comments and they said they are
45 satisfied. Look at crash data? He did crash data from Berry St. 5 accidents over 3 years,
46 accident rate 0.19 accidents per imillion vehicles, that's 1/3 of what statewide average is.
PIawn ng Board
Minutes
June 5,2007
Page 5
3
e
I
I Peek hour numbers are conservative. Access entrance and exit near Berry St. and
2 Turnpike St. will require curb cut from Mass Highway. He submitted information to
3 VHB. Good size restaurant will affect traffic turning in and out onto Rte 114. 57 units are
4 located across the street (is this referring to the assisted living across the street or the new
5 project slated for Berry St.?)and Dermott did count this into his traffic study.
6 Chris Huntress was present and added the wetland buffer zone plantings for Con/Com.
7 Trees throughout the parking lot, mixture of plantings throughout, included shade where
8 possible in the parking lot. Lighting is not downcast, they used acorn fixtures and would
9 make colonial style fixture. Lighting along Rte. 114 has been placed on the plan. PB
10 doesn't want the lighting to shine into the abutter's property, or any of the vehicle lights
11 that may shine into abutter's property. Entrance to driveway has a 31/2 feet retaining
12 wall,added shrubs and evergreens along area. Various red maple trees added to the area.
13 PB wants an "edge" for definition added along any of the projects along Rte 114. Snow
14 removal will need to be stored to the extent it can then it will need to be hauled off site.
15 Outdoor patio will be made with some sort of pavers. National Heritage issue of turtles
16 have been resolved, letter on file w/Alison of Con/Com. Duel retaining walls? Couldn't get
17 easement for a shared driveway? Gino Federa, buyer of this property spoke, take down the
18 shed so abutter could go straight out to Berry St. there is no shared parking issue at the
19 site. Lincoln to contact the abutter and ask why not share a driveway with this applicant?
20 Waiting for VHB to send us their review. Continue this to June 26th.
21
22
23 Brooks School 1160 Great Pond Road,Map 90C, Parcel 25, & Map 103 Lot 28 Site Plan
24 Review Special Permit and Watershed Special Permit in R-2 zoning district. Proposed
25 construction of a 29,447 s.f. +/- two-story Science Building and freestanding greenhouse. VBB
26 submitted a review on 5/23/07. Applicants engineer sent revised plan on 5/23/07.
27 John Scott,Engineer, stated VHB has no further comments on this project. Lincoln
28 recommended close the public hearing and draft a decision for approval of a Watershed
29 Special Permit and for a Site Plan Special Permit. Applicant has corrected issues
30 w/drainage. Motion by Richard Rowen,2"d by Jennifer Kusek to close the public hearing
31 tonight vote was unanimous 5-0. Applicant asked if they could start their project prior to
32 the close of the 20-day appeal period. PB stated that if the applicant wishes to do so then
33 they would proceed at their own risk PB commented favorably to Brooks School as their
34 campus is great looking, John Trovage thanked the PB, and everyone praised Brooks
35 School's effort to maintain their property and hold it to the highest standard possible.
36
37
38 Chair called for the following Public Hearing_
39
40 Ed ewood Retirement jLO—MmunilL Inc. 575 Osgrood StreeL Map 36, Parcel 3, 17,18, 19-
41 Site Plan Review Special Permit and a Modification Special Permit to construct 27 new cottages
42 & greenhouse& new 20 foot wide roadway with individual driveways to access cottages within
43 the R-2 zoning district. Applicants engineer sent revised plan on 5/29/07. VBB sent review
44 dated 5/30/07.
45 Lincoln stated that Edgewood would give an update on location of buildings and overall
46 design of their project.
Manning Board
Minutes
June S,2007
Page fi
1
2 Charles Kendrick member of the Board of Trustees and Chair of Strategic Planning
3 Committee was present. Mr. Kendrick stated that several years ago Edgewood had
4 outgrown their existing facility and Mr. Kendrick came up with a new plan to expand the
5 facility and is here tonight asking for the PB to help to execute the new plan.
6
7 Marlene Rotary, Executive Director, explained the requirement for 219 apartments, 45 bed
8 facility, 80 years of age is average age of resident, a couple of years ago they made
9 inititiative to enhance residents life style and stay competitive. They want to add a bistro,
10 casual dining for resident to socialize after hours, be informal and be together for talking
11 and sharing. Expand social day program, keep residents independent as long as possible,
12 stay social in the community. Put wellness and PT program in place for preventive care,
13 keep them active, and keep out of hospital. Cognitive impaired unit added, this to keep
14 residents safe and secure and keep quality of life. Add cottages to property for perspective
15 residents who are not ready for communal living. Restore existing farm barns on the
16 property.
17
18 Stacey of Linbeck gave an overview of the master plan. 1200 s.f. one-story bistro;
19 additional social day program 1600 s.E two story addition; wellness center and PT center to
20 support needs of residents. Cognitive repair 12,900 s.f. two story addition. Maintain a
21 village concept and keep the historical aspect maintained. Embrace Shaker style home
22 w/historical colors. Restore 4 structures: the milk barn, the icehouse, and two other horse
23 barns, and maintenance barn will be restored. They need SP for Site Plan. CCRC has
24 100-foot setback, 60 foot no build zone in the Con/Com zone. 3 cottages fall within 100-foot
25 setback require variances. 50 foot no build zone-requesting waiver. Atty. Rosen present 12
26 requirements need to be met under CCRC application.He gave presentation regarding
27 requirements under CCRC application. Silent generation is looking for something
28 different from the old way of living. They want an alternative housing style such as bistro
29 etc.; they don't want to coexist in a dormitory style of living. 219 apartments presently
30 exist now.
31
32 Lincoln to go back to original decision count how many units are applicable to this site.
33 Additional property is being rolled into the original amount of property in the original
34 decision. Look at original site, see what you are adding to that site and what numbers do
35 you get? When does all of the plans and drainage information go to the PB?
36
37 Dennis Ingram, Linbeck, spoke and VHB submitted their review on a site plan and not on
38 any drainage.
39
40 PB sited the history of this project which was originally supposed to be a nursing home
41 facility. One of our Boards actually sued another of our boards. Project gets built as the
42 largest project in N.Andover. Now,20 years later and we find that development will be
43 spread over the other 19 acres, instead of being built on one footprint. What was originally
44 proposed is different from what PB is actually getting. Monthly maintenance and fees will
45 be discussed also. If we marry up this property w/the original decision then everything has
46 to be properly worked and correct. If they moved and designed these proposed cottages
Planning Board
Minutes
June 5,2007
Page 7
I elsewhere instead of having to go for variances etc. where would they move then, or cut
2 down the amount of cottages and decrease them. Make a very good case for the variances
3 in order for the PB to approve this project. Submit a complete set of drawings to Lincoln.
4 PB was not given a full set of drawings, for drainage, landscaping, lighting, etc. Horse
5 barn, maintenance barn, milk barn are dilapidated now. Lincoln to advise the PB if this is
6 a modification and consult our Town Counsel. Show PB what the project looks like now
7 from Osgood St., and what the proposed development will look like from Osgood St. Show
8 what project will look like from Cullen project. PB expects that the architecture should be
9 highly historic in nature and should be top draw all the way. Put them on for the June 260'
10 meeting.
11
12
13 Approve the Minutes of the Meeting of May 1,2007
14 Motion by Jennifer Kusek, 2nd by Richard Rowen, to approve the May 1, 2007 Minutes, vote was
15 unanimous.
16
17
18
19
20 UPCOMING PLANNING BOARD MEETINGS:
21 June 19, 2007------CANCELLED
22 June 26, 2007
23 July 3, 2007--------CANCELLED
24 July 17, 2007
25 August 7, 2007
26 August 21, 2007
27
28
29
30 Motion to adjourn by Jennifer Kuser, 2nd Richard Rowen, vote was unanimous 5-0. Meeting
31 adjourned at approx 10:55 pm.
32
33
34 By order of the Planning Board
35
36
37
38
39 Approved
40
41
42
43
44
Planning Board
minutes
June 5,2007
Page 8