HomeMy WebLinkAbout2007-08-21 Planning Board Minutes NORTPI
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes
8 August 21, 2007
9 Town Hall, 120 Main Street
10 7:00 PM
11
12
13 Members present: Richard Nardella, Chairman
14 John Simons, Vice Chairman
15 Alberto Angles, Clerk
16 Richard Rowen,regular member
17 Timothy Seibert, alternate member
18
19 Member absent: Jennifer Kusak, regular member
20
21 Staff present: Lincoln Daley, Town Planner
22 Mary Ippolito, Recording Secretary
23
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1-5 Chairman Nardella called the meeting to order at approximately 7:15 pm and introduced the
26 panel to the assembly. Chair also stated that he may not be in attendance at the September 4,
27 2007 PB meeting.
28
29 Chair announced that the following applicants will be postponed until the September 4"'
30 PB meeting.
31
32 Sprint Spectrum L.P.—300 Chestnut Street—Will submit renewal of an original Special
33 Permit application for versaflex equipment cabinet into existing tower compound. 9 panel
34 antennas w/antenna centerline etc. within R-3 zoning district.
35
36 Thompson Brothers Industries, Inc. 210 Holt Road, Map M34 &M77 Parcel L27, L38, L40,
37 & L14. Site Plan Review Special Permit to construct a recycling facility and solid waste transfer
38 station of approximately 39,000 s.£ within 1-2 zoning district.
39
40 Chair announced that an Executive Session will take place this evening Chair asked for a
41 roll call. PB went into Executive Session.
42
43 Butcher Boy Market Place Appeal. Town Counsel to address Planning Board.
44 PB came out of Executive Session and resumed regular PB meeting.
45
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Planning Board
Minutes
August 21,2007
Page 1
I Chair called for discussion regarding Cell Tower renewal.
2 1. Wireless Service Facility Committee and Wireless Service Facility Application
3 Process. Discussion involving the role of the Wireless Service Facility Committee and the
4 renewal application process for Wireless Service Facility Special Permits.
5
6 Chair wants Mary to submit a list of cell tower Special Permits about to expire and notify
7 Chair of who they are. Chair explained that a fine could be placed on the applicant if they j
8 do not comply with their SP requirements.
9
10 Chair asked how did the clause regarding fining get into our bylaw? Lincoln stated that he
11 was not sure who put it in the bylaw either; however it's under the guise of the FCC.
12
13 Attorney Urbelis stated that Con/Corn has a provision to fine applicants in their bylaw.
14 Look in the general bylaw regarding violations of bylaw and regarding fines. These cell
15 tower types of projects,however, were up against the telecommunication act of 1996,
16 which Congress passed regarding cell towers. The language is used to encourage
17 applicants to file for renewal/approval of a SP with a threat of fine hanging over them.
18
19 Attorney Urbelis stated that these permits are now being sought to be renewed by Sprint up
20 to now for a SP. If PB did impose a fine we would be met with a retort saying
21 Telecommunication Act of 1996 and it would be an aggressive defense by Sprint. There
22 has been no fine done in the Commonwealth of Mass regarding this matter.
23
24 Tim Seibert will be on the cell tower committee. Our Bylaw has distance calculations
25 regarding dimensional area that is 600 feet from the abutter's property line? There are
26 other communities who enforce multiple fall down zones for less then the 600 feet setback.
27 Cell Tower Committee's first meeting is scheduled for the middle of mid September. They
28 will look at the bylaw and try to improve it,however, in what shape we don't know. Atty.
29 Urbelis will offer some views to the committee. What piece of the 1996
30 Telecommunications Act is Attorney Urbelis stating from? It's the first paragraph (1)
31 which prohibits an installation of a tower however, there is some gray area in it.
32
33 RR wants to know if the two Sprint applicants didn't want to reapply for renewal then what
34 basis would they say the fine would not apply? Attorney Urbelis stated that after 5 years of
35 costly litigation to this Town they would probably know the answer.
36
37
38 Chair called for discussion:
39 2. David Steinbergh,RCG. 21 High Street project. Discussion regarding Phased
40 Development Bylaw as it relates to the 21 High Street Mixed-Use development.
41 Attorney Smolak stated that RCG filed a Definitive PDD application. Phase Development
42 bylaw applies to these proposed residential units only. Only 10 of these rental units
43 would apply for a building permit. RCG can apply for more residential upfront. Then
44 RCG could apply to build 30 units over a 7-year period. RCG wants to phase in
45 residential units and commercial units at the same time. PB can permit twice the allowed
Planning Board
Minutes
August 21,2007
Page 2
1 maximum units to be built out and the PB can waive this schedule. RCG wants PB to tell
2 them how to plan this process out.
3
4 Chair stated that if you apply to build units in December then you would be applying for
5 that year's number. Then come in again in January and apply for that year's number. PB
6 can accelerate the number, or if RCG applied for the total number and applied for the
7 number to be built over 7 years, there would be no penalty if the builder actually ended up
8 not building the total number he applied for.
9
10 RR wants to work within the framework of the bylaw.
11
12 JS stated if you deal with the first phase then the problem goes away.
13
14 Mr. Steinberg, developer, stated that he plans to show 200 units to build,but he isn't sure
15 about the 7 years for the plan. If he filed for Phase 1 on a technicality he can get started
16 now? Should he come back with 20 more units the next time he comes back in?
17
18 Chair stated if you double up on the number of units then come back in and ask for more
19 then this will hurt you the next year.
20
21 JS stated that he thinks you could come in and ask for 20 and get 20. You should get
22 direction for the long term.
23
24 Chair stated to come up with the total build out and PB can approve the plan, you can
25 modify it later.
26
27 Atty. Smolak can submit the footprint of the building,but it's not easy to submit
28 architectural drawings for them too,
29
30 AA wants him to submit a master plan of what to do with the existing buildings, and
31 exclude future buildings for a future time.
32
33 Atty. Smolak wants to discuss this with Gerry Brown, Building Inspector.
34
35 PB discussed the intent of the bylaw.
36
37 Mr. Steinberg stated that he would come in with a plan for enough for a critical mass for
38 each phase. He will work w/his architectural team to see how everything else will work.
39
40
41 Chair called for discussion:
42 3. Paul A. Marchionda, PE.,96-unit, 55+ residential housing project located at Boston
43 Hill. Requesting a one-year extension to the approved Site Plan Review Special Permit
44 that will expire on October 26, 2007.
45
Planning Board
Minutes
August 21,2007
Page 3 aj
1\:
1 Paul Marchionda, PE, asking for a one-year extension for the SP for Boston Hill. He stated
2 that the real estate market is rough for over 55+.
3
4 Chair asked why he didn't start some clearing as Mr. Marchionda previously that he would
5 do?
6
7 Mr. Marchionda stated that it wouldn't do any good to tear up the site because it would
8 only sit there.
9
10 JS stated that he doesn't see any reason to not extend the SP.
11
12 AA stated that he thinks by today's standards this is a different animal than when the
13 project was originally approved.
14
15 Chair stated that he would be in favor of the extension, however, Alberto is correct because
16 zoning and bylaw has changed. Look at the file to see if there is anything that PB might
17 have done differently? There is a glut of over 55+ in North Andover now.
18
19 Lincoln stated that stabilizing of slopes issue was the big issue at that time. Paul may need
20 a modification to approve this request for an extension.
21
22 Mary make copies of the decision and give them to the PB members. Get input from other
23 department heads on this issue and submit them to PB. Mr. Marchinda should come back
24 in at the Sept. 18 PB meeting.
25
26 Mr. Marchionda stated that he feels he's running out of time time.
27
28 Lincoln stated that Paul should post his bond. Phase 1 is taking down small buildings
29 located at front of#114 and taking down the ski run. Then do erosion control to initiate
30 phase 2.
31
32 PB may make changes to grant the extension.
33
34 Mr. Marchionda's preference is to put off posting a bond or start the proj ect now.
35
36
37 Chair called for discussion:
38 4. Bill Barrett, 96 Marbleridge Road. Requesting a waiver from the Watershed Protection
39 District Special Permit. Letter from Engineer and plan of land submitted.
40
41 Benny Osgood Jr. is representing Bill Barrett. He requested a waiver from a Watershed SP
42 district.
43 Owner wants to construct new garage. Look at the site today and when construction is
44 done the total impervious area would be less than what exists today. Work is proposed in
45 325 non discharge zone because uses are allowed without a SP. He's not creating any
46 storm water discharge. He's going to put in a slab and put on a garage. Chair said terrace
Planning Board
Minutes
August 21,2007
Page 4
I by its nature involves topography. Chair asked if Lincoln would recommend this waiver
2 tonight?
3
4 Lincoln stated that it would not qualify under a waiver. PB should determine if a
5 Watershed SP is required.
6
7 Chair asked if any abutters were concerned about this issue. Bill Barrett,builder, stated
8 that the home owners have talked with their neighbors and there are no issues.
9
10 Water would fall from the roof to the ground. Lincoln wants drains and gutters put on the
11 roof of the garage.
12
13 Chair thinks at least gutters would work well
14
15 RR stated put gutters on the east side to direct the water.
16
17 Chair read the bylaw.
18
19 Lincoln can put in writing the conditions such as gutters and provisions of SP.
20
21 Chair wants to go on record to take a vote.
22
23 JS made a motion to approve a waiver from the Watershed District Special Permit process
24 per discussion tonight and that no Watershed SP is required, 2"d by AA. The following
25 conditions are to send a letter in suitable form as accepted by the Town Planner and other
26 special conditions as amended this evening which are reference that it's a 2 story structure,
27 no immediate requirement for occupancy, coming in under the proper bylaw section, vote
28 was 5-0.
29
30 Chair called for discussion:
31 5. 365 Johnson Street,Joe Pelich. Requesting a bond release in the amount of$1,000.00.
32 Letter from engineer and as-built submitted.
33
34 Ben Osgood Jr. stated that the changes made to the proposed structure were done because"
35 it's a market thing" applicant didn't want to build such a large house. The house is built
36 smaller in foot print because of this there is less impervious area on the site. Driveway was
37 shifted a little bit,because the builder wanted to save a couple of large trees.
38
39 Chair asked isn't there a responsibility for the builder to build what was approved by the
40 PB?
41
42 Lincoln stated this is a case where the footprint was reduced to preserve major trees and the
43 changes improved the overall site, therefore, this doesn't require a modification. Lincoln is
44 doing site visits and reviewing sites to improve the overall design.
45
Planning Board
Minutes
August 21,2007
Page 5
I Why is there a change in street number? 383 Johnson Street was split into four parcels, this
2 lot is 365 Johnson St.. Motion by AA to approve the bond release, 2nd by RR, vote was
3 unanimous. 5-0.
4
5 Chair called for discussion:
6 6, 222 Middlesex Street, Bonnie Caruso. Requesting a waiver from a Site Plan Review
7 Special Permit. Applicant owns Bloomingnails nail salon.
8
9 Lincoln stated that this is a change of use from business to a nail salon and that he
10 recommends a waiver. Public parking is available on the street. Ms Caruso is the only
11 employee. Motion by RR to waive a Site Plan Review SP, 2nd by AA vote was unanimous
12 5-0.
13
14 Chair called for Continued Hearin s:
15
16 8. Edgewood Retirement Community,Inc.,575 Osgood Street,Map 36, Parcels 3, 17, 18,
17 and 19. Site Plan Review Special Permit and a Modification Special Permit to construct 27
18 new cottages & greenhouse and new 20 foot wide roadway with individual driveways to
19 access cottages with the R-2 zoning district. Received VHB review 8117107.
20
21 Lincoln will discuss overall process thru ZBA and Con/Com. Applicant addressed VHB
22 responses. They will go in front of ZBA Aug. 30 for a variance. They have some clean up
23 issues to discuss w/Con/Com.
24
`25 JS asked if VHB people looked at drainage? There are under ground streams and you don't
26 know where the flow will go? Some of the land hasgotten wet and takes a long time to dry
27 out in the spring. What's the impact going to be on the Town owned land when this is built
28 if they haven't looked at the issue of under ground streams? VHB did review hydraulic
29 calculations and should be aware of subsurface existing conditions. JS stated if they have
30 not gone out to do a site visit then they may not be aware.
31
32 Stacey Furlong, project manager, said borings were done in April.
33
34 JS asked how is parking affected? The buildings themselves are a large amount of square
35 footage. Majority of additions occur in front of the site. This site is putting 1K s,£ one-story
36 houses in the R-2 zoning district and this is a significant impact and if you look at one
37 building with 31 units and a small footprint and it's contiguous with the other ones. Now
38 these are 27 large houses on basically a piece of property if it were a single-family house PB
39 would not allow this to be build. A lot of 100 year-old tress will now have to be taken down.
40 PB has not had the discussion that a lot of mature trees are being taken down on a historical
41 piece of property in Town, which was a working horse farm. When this is done, it's
42 significantly different from what zoning was previously approved for years ago. JS stated
43 that 27 cottages clustered that's why they are definitely changing the original zoning for this
44 purpose. Combination of the buildings and the parking will be a significant change and a
45 detriment to the Town. Cottages are spread out at the front of the property. During
46 wintertime everyone will be able to see the houses from the street and possibly 12 months per
Planning Board
Minutes
August 21,2007
Page 6
I year. The beautiful farm isn't going to be so good to everybody else living in Town. JS
2 wants to discuss the different options that could be done.
3
4 Tim Seibert would like to do a site walk.
5
6 JS wants to see where the houses/horses are he thinks that's right in the area where the other
7 units are going so put stakes on this area.
8
9 Margaret Wheeler, Trustee of the Reservation, stated why couldn't her consultant be notified
10 so they could join PB? She will check w/her surveyor and she will get it ready for this
11 Saturday at 8:am. All members to confirm w/the Planning Board.
12
13 Lincoln wants the PB to give applicant direction regarding the size of the cottages. Chair
14 stated that they are designed at 2K s.f.; is PB to suggest what the square footage should be
15 reduced to? If cottages are reduced to 1 K what would the difference be?
16
17 JS stated that the PB should go look first.
18
19 Stacey Furlong, Project Manager, stated it has to do w/keeping cottages only one level
20 because of elderly restrictions to first floor use.
21
22 PB asked why 3 bedrooms?
23
24 Ms Furlong stated to put up their grandchildren.
25
26 Chair said give some conceptual ideas that may accomplish this but not a 2K s.f, cottage.
27 Cottages are 27feet high.
28
29 AA asked if you minimize size of the cottages and kept the same layout it might not have a
30 significant impact to the entire area.
31
32 Lincoln to put a visual representation package containing pictures of cottages and submit to
33 the PB. Check w/Jennifer and ask her to go. Ask Tim if Monday 7PM is good for the rest of
34 the Board.
35
36
37 Chair announced that there are no new public hearings tonight.
38
39
40 DECISION DRAFTED:
41
42 7. H. David &Allyson Fournier, 15 Timber Lane, Map 64, Parcel 38. Watershed
43 Special Permit to raze existing single-family dwelling and construct a new single-family
44 dwelling with deck,pool, and garage within the Non-Disturbance Zone of the Watershed
45 Protection District.
46
Planning Board
Minutes
August 21,2007
Page 7
I
I Lincoln stated that we closed the public hearing and drafted a decision. Chair stated that
2 Alberto missed the last PB meeting and did review the Minutes, so noted for the record.
3 Chair stated we that we fill out a form and initiate the process that a Board member
4 followed in order to have enough voting members in case the PB member missed a
5 meeting.
6
7 JS stated the following edits: look at statement of fact- add proposed single family
8 residence .is a replacement to single family residence and will be connected.
9
10 Chair stated the PB does not vote if site is in compliance with the plan, maybe Lincoln has
11 reviewed the site. Deed restriction on fertilizers and pesticides are we getting these?
12
13 Link stated yes a deed is being recorded.
14
15 Finding of fact: the pool is in non-disturb zone. RR the work in the non-disturb zone and
16 new pool will go into that location so it's no additional impact to non-disturb zone.
17
18 Motion by RR to approve a Watershed SP for 15 Timber Lane as amended this evening, 2nd
19 by JS vote was unanimous.
20
21
22
23 APPROVAL OF MEETING MINUTES:
24
25 Approval of"Minutes" for the August 7, 2007 Planning Board.
26 Chair asked Board to hold off until the PB reviews these Minutes.
27
28
29 UPCOMING PLANNING BOARD MEETINGS:
30
31 September 4, 2007
32 September 18, 2007
33
34
35 Motion by JS to adjourn 2„d by RR, vote was unanimous. 5-0 meeting adjourned at
36 approximately at 9:50 pm
37
38
39 By order of the Planning Board
40
41 approved
42
43
Planning Board
Minutes
August 21,2007
Page 8