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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 October 16,2007
9 Town Hall, 120 Main Street
10 7:00 PM
11
12
13 Members present Richard Nardella,Chairman
14 Alberto Angles, Clerk
15 Jennifer Kusek,regular member
16 Tim Seibert, alternate member
17
18
19 Members absent: John Simons, Vice Chairman
20 Richard Rowen,regular member
21
22 Staff present: Lincoln Daley, Town Planner
23
14 Staff absent: Mary Ippolito, Recording Secretary
25
26
27 Chairman Nardella called the meeting to order and introduced the panel to the assembly. Chair
28 explained the procedure to the assembly and stated that Sprint Spectrum., 300 Chestnut Street
29 would be postponed.
30
31 POSTPONEMENT:
32
33 1. Sprint Spectrum L.P., 300 Chestnut Street, Map 98C, Lot L Renewal of a Special Permit for the
34 operation of an existing wireless communication facility within the R-3 zoning district. (Postponed until
35 November 6th PB meeting.)
36
37 Please note: Lincoln Daley, Town Planner stated that the approval of the October 2, 2007 Minutes
38 would be continued until the next PB meeting.
39
40
41 CHAIR CALLED FOR THE FOLLOWING ANR DISCUSSION:
42
43 2. ANR application for 95 Lacy Street — Proposing to create 4 lots out of existing lot regarding the
44 estate of Barbara Tighe.
45
46 Lincoln stated that at the last PB meeting the PB reviewed the ANR plan for Lacey St. and asked for
47 several revisions to the plan to be made by the Engineer. To confirm the resource area within the
.18 property and if CBA was accurately calculated and show current versus the proposed lot changes in area
Planning Board
Minutes of the Meeting
October 16,2007
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1 sizes and all this information has been provided on the plan submitted for tonight. Engineer confirmed
2 that the CBA has been calculated and the wetlands have been calculated accurately according to the
3 ecologist. Lincoln discussed with Town Counsel regarding PB purview in reviewing the ANR
4 application. Lincoln submitted a memo from.Town Counsel(for the record)
5
6 AA read memo into the record a memo from Carol McGravey,Esq. Plse.be advised that the Board's
7 review of the ANR should proceed independently under provisions of subdivision law, the actions of the
8 PB in reviewing ANR does not effect any other statutory or regulatory requirements applicable to the
9 property including provision of Mass General Law Chapter 61A.
10
11 Chair explained to the audience that this has come up in the past and theoretically I could put in a plan to
12 combine any of your lots and try to create something and bring it in front of the PB and the Board would
13 have to deal with it. It doesn't sound right but that's the way it is. Quite often the PB is faced with issues
14 and concerns that can't be dealt with here the law is the law and we must abide by the law. We need to
15 adjudicate what's been asked of us. As simplistic in nature although it may seem complicated to a lot of
16 people. Lincoln stated he's satisfied with the plan as submitted.
17
18 Chair stated that in reviewing the ANR Plan the Planning Board doesn't really need to do anything,
19 because under the Board's guidelines the Town Planner can sign off on an ANR plan.
20
21 Lincoln stated there are concerned abutters present tonight,
22
23 Attorney William Hurley was present and stated that he was here tonight to hear information from the
24 Engineer and that the plan is in conformance with the regulations from the Town and that wetland issues
25 were addressed and he moves that the plan be approved.
26
27 Ms Birch, 95 Lacey St.,was present and stated that this is currently in court and the judge has not
28 rendered a decision yet. She stated that she wants this Board to reject the ANR application as the
29 application didn't contain her name and that the Town holds a lien on the property.
30
31 Atty. Hurley stated the ANR plan is being submitted pursuant to a court order. It is the intension of the
32 deceased to have a plan drawn to more precisely show the parcel that was to be conveyed. The plan never
33 got drawn. It was left to the Probate Court to determine the meaning of those words.
34
35 Chair asked if Atty.Hurley could just address Ms Birch's comments.
36
37 Atty. Hurley stated that 61A is a notice lien it does not convey to the Town an ownership interest. It is a
38 notice provision that the land has been subjected to a different tax assessment,upon the happening of
39 certain events triggers rights of the Town to obtain repayment of certain taxes and a right of first refusal if
40 the property is sold or converted to another use, it does not create an ownership interest. The 2❑d issue is
41 that until action is taken by this Board nothing can be done to divide the property to Ms Birch because the
42 lot does not legally exist until this Board approves a plan showing the outline of the lot and that plan gets
43 recorded. Until this happens the State maintains ownership of the land that is the reason that the estate is
44 the applicant.
45
46 Ms.Birch stated that there isn't anything about any subdivision in the will or changing the lot.
47
48 Lincoln stated that there was an ANR plan submitted in 1989 that's on record at the Registry of Deeds
49 that delineates 4 lots on this piece of property. That's what this Board currently has to modify.
50
Planning Board
Minutes of the Meeting
October 16,2007
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1 Ms Birch stated that there was a plan done right after that one on 1115105 where it defines part of the
2 property to the O'Mahoney's,her abutters, and was not included on that, so what the modified plan is
3 doing is taking the O'Mahoney's property.
4
5 Chair stated that the fact is a plan was submitted to the PB,the PB looks at a plan and says it's in
6 compliance with the ANR guidelines"Approval Not Required"and the land can be subdivided. It's here
7 for one reason only,because there is some issue surrounding this. This isn't a PB issue. This is so
8 simplistic that the Town.Planner of his own right has the ability to sign an ANR plan. PB is beholding to
9 the State law that says an ANR plan was submitted,we have something frons.our Attorney that says we
10 have to adjudicate on it. We are going to tell the Town Planner to sign the ANR plan,but Chair would
11 like to give somebody else a chance to speak.
12
13 Ms Birch stated that the Attorney was supposed to submit an application that was truthful,however,he
14 submitted an application that was not truthful.
15
16 Chair stated that's up to somebody else in another point in time to take somebody to court or to sue
17 somebody or to bring somebody into an environment where they have to defend what they have done.
18 It's not within the jurisdiction of the PB,we're not a court, we can't adjudicate we can't say you're right,
19 he's wrong.
20
21 Ms Birch stated that until they get their title straight no one should be doing anything.
22
23 Chair explained the position of the PB again to Ms Birch.
24
25 Ms Birch argued her position again.
26
27 Chair explained the position of the PB again to Ms Birch.
28
29 Stephanie O'Mahoney, 143 Lacey St.was present and pointed out on the plan where her property was
30 located. A discussion ensued between the PB and Ms O'Mahoney relative to where and why her property
31 is located on the plan of land. She had an issue with her septic system location and because of the water
32 level because of the way the pond situated and the wetland was located they had to give her a little bit
33 more land because of the way her septic had to be built. With the lot lines being changed it does effect
34 the encroachment of the back of the land where the pond is. Her concern is how much is this ANR going
35 to affect the water level on her property if someone does build on the property?
36
37 Chair stated again the position of the PB.
38
39 Lincoln stated the requirement of the ANR application plan and that it has to comply with regulations and
40 go thru the Planning Department review etc. Chair explained the position of the PB again and that this is
41 just moving a lot line, and has nothing to do with something being built etc.
42
43 Ms Birch asked if by the end of the week she gets notice from the Court and it says that they are not
44 supposed to be doing anything can she come back here and have those lines but right back?
45
46 Chair said theoretically who ever owns the land or even if someone doesn't own the land you could come
47 back.
48
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Minutes of the Meeting
October 16,2007
Page 3
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1 Lincoln stated that the PB is acting on this application this evening, if any kind of private legal issue has
2 been resolved where the ownership has changed from the State to Ms Birch you would have the right to
3 come before the PB to amend any kind of ANR plan.
4
5 Ms Birch argued the point again about the moving of the lines and tearing down all of the buildings, so
6 since the PB moved those lines and giving the Atty. the right to tear down all the buildings and she gets a
7 thing from the Court saying that the Attorney got nothing and its all hers then you have just destroyed her
8 property.
9
10 Chair stated whoever tore down your buildings would probably owe you a lot of money.
11
12 Ms Birch argued the issue of this not having a proper title
13
14 Lincoln stated that the PB prevue is narrow in scope and legal private issues are private issues.
15
16 Ms Birch still argued the issue that she can come in next week w/ANR application to have the lines put
17 back, and she still asked the PB to deny this ANR application,
18
19 Diane McGarvey, 90 Lacey St. asked if the initial application was defective in notification why can't this
20 be denied based on that alone?
21
22 Chair stated that there is no defective notification as the Town Planner explained.
23
24 Lincoln explained that 61 A does require notification to the Town, that's upon the sale of the lots; there is
25 no sale of lots going on here.
26
27 Ms Birch spoke again about the moving of the lot lines.
28
29 Ms McGarvey stated that 61 A does refer to moving the lines it's not a matter of the sale of the property
30 that triggers 6 1 A so while there are so many legal issues still pending in the Court, and not agreeing on
31 the reading of 61A, and Town Counsel could possibly be wrong, so why not continue this?
32
33 Chair stated if the shoe was on the other foot saying why are you in here doing this? Why don't you
34 delay it? What if the attorney is a land issue attorney who does nothing but advise the Town for years and
35 has given the Town good advise what if they are wrong? PB has listened to all of the facts reviewed
36 plans all applicant is doing is moving lot lines, Town Attorney says it has nothing to do with 61A
37 because the overall amount of land has not changed that's in the agricultural trust. PB is trying to explain
38 to Ms Birch as best they can, she just doesn't want to hear it. Chair explained the position of the PB
39 again.
40
41 Mr. Walter Hughes,father of Stacey, stated the requirements under 6 1 A to the PB regarding conversion
42 of agricultural to residential property and the requirements regarding notice to be given,
43
44 Chair stated that there is residential properties now is it changing to Industrial?Is there a subdivision
45 going in there?Is there anything going on at this property right now that's going to change the use of this
46 land?
47
48 Mr. Hughes stated yes, agricultural, horticultural,use. The change is that the PB is changing it from
49 agricultural use to residential use.
50
Planning Board
Minutes of the Meeting
October 16,2007
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1 Chair stated there are houses out there now. More discussion took place between Mr. Hughes and Chair.
2
3 Lincoln stated that we're just discussing lot lines there is no change of a use being proposed,if the
4 properties are sold then maybe a change of use would take place with that process.
5
6 Chair asked that Mr.Hughes' comments be entered into the record.
7
8 John O'Mahoney, 143 Lacey St. stated that if the use is changed we should definitely snake sure that the
9 Town recoups back taxes to help with schools etc.
10
11 Chair stated that it's part of the law, if the use changes somebody will have to pay a lot of back taxes
12
13 TS stated that if the application is complete then it's the PB responsibility to move on this application.
14 AA stated he's in agreement with the signing of the ANR plan. . JK stated she's in agreement with the
15 signing of the ANR plan. Chair asked what's to prevent anybody to come in with another ANR plan to
16 redraw these lines? Nothing theoretically.
17
18 Linda Capu,Lacey St, asked if you move the property lines and the children of Barbara Thigh decide to
19 build a house and live there that's a change of use,is that when 61 A kicks in and would the PB get
20 notified then? Chair stated yes, if you people are here and are concerned about what is going to happen to
21 the land then that is not what were are talking about tonight. It may come later but that's a difference
22 process,this is just a simple moving of lot lines. PB directed staff to sign the ANR plan.
23
24
25 CHAIR CALLED FOR DISCUSSION OF LASERCRAZE:
26
27 3. Greg Hughes,LaserCraze—1600 Osgood Street—Requesting a Waiver from a Site Plan Review
28 Special Permit.
29
30 Lincoln stated that Mr. Hughes is looking to open up a laser tag game operation on the Lucent premises.
31 This project will have a limited effect on traffic in and out of the site and he sees no issue with Mr.
32 Hughes moving into the building. PB doesn't have any issues with the proposed project. Motion by AA
33 to allow LaserCraze to commence activities with a waiver of Site Plan Review Special Permit, 2nd by JK,
34 vote was unanimous 4-0.
35
36 Mr.Hughes stated that he is working within the zoning guidelines relative to the permitting of signs.
37 There is plenty of parking already existing,and no exterior modifications will take place. Mr. Hughes
38 will be working with the Master Plan of the entire facility.
39
40
41 CHAIR CALLED FOR DISCUSSION OF STREET ACCEPTANCE:
42
43 4. Ben Osgood Sr., of North Andover Land Corporation—Abbott Village subdivision is applying
44 for Street Acceptance for Thistle Road,Nutmeg Lane and Periwinkle Street.
45 Lincoln stated that the applicant wishes to go forward with street acceptance at the May 2008 Town
46 Meeting. Chair cautioned Lincoln not to accept anyone's application for street acceptance unless they
47 follow the procedures accordingly relative to submitting plans, as built, easements are entered, and that
48 the road is not just binder coat, sidewalks,trees, everything, go thru the check list because there will be no
49 exceptions made.
50
Planning Board
Minutes of the Meeting
October 16,2007
Page 5
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1 CHAIR CALLED FOR EDGEWOOD DISCUSSION:
2 CONTINUED HEARING(S):
3
5.4 Edgewood Retirement Community,Inc.,575 Osgood Street,Map 36, Parcels 3, 17, 18, and 19. Site
5 Plan.Review Special Permit and a Modification Special Permit to construct 27 new cottages&
6 greenhouse and new 20-foot wide roadway with individual driveways to access cottages with the R-2
7 zoning district. (Postponed until October 16th PB meeting.)
8 Lincoln stated that the applicant is present to give the PB a brief update on the status of the application.
9 ZBA denied the application for the variance relief request. Applicant has redesigned a portion of the
10 property to eliminate the need to go before the ZBA but will require a Special Permit from the ZBA to use
11 a previous non-conforming structure(milk barn) on the property. Marlene Rodering,Executive Director
12 of Edgewood, gave an overview of the past 10 years and what has been accomplished at Edgewood. The
13 ongoing plan is to increase revenue by adding a larger facility with the addition of 27 new cottages etc.
14 Add a bistro for more socialization,a wellness center to keep their residents independent, a social day
15 program to keep residents out and about, and a skilled nursing facility to be used by the residents of the
16 North Andover community.
17
18 Lincoln stated that applicant did not withdraw their old application. This is deemed a modification to the
19 current application.
20
21 Chair stated that the current application is still valid and we need to get the old plan with an overlay of
22 what the new plan is going to be now.
23
24 Ms.Rodering stated that she would be back in about 4 weeks with their new plan. She's been trying to
25 get Town approval since last April and Edgewood was turned down last month by the ZBA. Now they
26 have redesigned their plan and have lost one of the cottages on parcel A, and lost a cottage on Parcel G.
27 This makes an economic impact on their strategic plan but the new plan is technically a much more
28 simpler plan because they don't have to go back to the ZBA to request any additional variances. They
29 just filed for a SP because there is a milk barn they would love to save it in order to put two apartments in
30 the milk barn.
31
32 Chair stated that these were the kind of things that they brought up in the original application,boundaries,
33 encroaching on the lot line,why is a variance requested,why an extra building? Chair understands the
34 economics of this but this project probably would have been approved a long time ago if somebody
35 hadn't pushed the envelope so much. Now you've eliminated a building or so, which makes for an easier
36 application but this is the essence of what the Town Planner brought up in the beginning of the project.
37
38 Lincoln stated that if you were able to do this then what else could you do as part of the creative process?
39
40 Ms Rodering has run the numbers and now thinks this is technically the cleanest plan possible. Given
41 that she's asking for help tonight because of the 250 residents who would like this plan to move along
42 soon.
43
44 Chair thanked Ms Rodering for asking for the PB help,but the Board has been trying to help all along,
45 there's no negativity here,the applicant pushed the envelope. Now that you've submitted something that
46 is a lot more workable it's a lot easier for everyone to deal with.
47
48 Atty. Robert Lavoie stated that he would like to come back in on Nov. 6ffi. Chair said that's fine.
49 Chair wished that the original questions that were raised by the Board had been addressed earlier.
50
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Minutes of the Meeting
October 16,2007
Page 6
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11/5107 FINAL
1 Lincoln stated that applicant will appear in front of the ZBA on Nov 13th,will applicant submit a
2 modified plan the Planning Board prior to the Nov, 13"'ZBA meeting? Atty.Lavoie stated yes, Chair
3 stated if you're not going to have the plan ready then don't push it because PB wants to see what
4 applicant showed the PB originally and show PB an overlay of what you are proposing now so that PB
5 can see what the distinctions are.
6
7 AA stated that it sounds like positive changes will be made now(in theory).
8
9 Atty. Lavoie stated that he has not changed anything with Conservation in terms of roadway so all the
10 calculations will remain the same. Basically applicant rotated the buildings in red(see plan)and kept
11 them outside of the 100' setback. This won't have impact on direct neighbors only have an affect on
12 Trustees of the Reservation. Additional landscaping will be added(trees, at the entrance of roadway in
13 order to hide the mass of the buildings).
14
15
16 CHAIR CALLED FOR THE FOLLOWING PUBLIC HEARING:
17 Public Hearing:
18
19 6. Paul A. Marchionda,PE,96-unit, 55+residential housing project located at Boston Hill.
20 Requesting a one-year extension to the approved Site Plan Review Special Permit that will expire on
21 October 26, 2007. (Postponed until October 16`f'PB meeting.)
22 Lincoln stated that at Oct. 2, 2007 PB meeting with Gene Willis raised issues regarding the entrance way
23 and other aspects of the project. PB asked that Lincoln, Gene Willis meet with the applicant and resolve
24 issues remaining.Meeting did occur on Oct. 9''and discussed location of access way,percentage of
25 actual roadway design, and expansion of Rte. 114. Gene Willis submitted a memo regarding this project
26 (memo for the record). Three major issues-were discussed: access location,vertical curve for access way
27 to project, and expansion and impact of Rte 114. All parties involved were satisfied with the information
28 presented however,Mr.Willis did ask for additional information regarding traffic studies along Rte 114
29 and for additional information. Lincoln provided Gene Willis the VHB reviews that had been done
30 previously. At the conclusion of the meeting all parties were satisfied. Gene may still have some
31 cautious optimism regarding the project that has been provided for discussion.
32
33 Chair stated that they don't wish to get involved in the re-permitting of this project. If there ever was a
34 project that was vetted it was this one. Everyone seemed to be happy with the engineering when PB
35 permitted this project a while back.
36
37 AA stated he was not present when the vote was taken for the decision.
38
39 Chair asked why somebody could not find the traffic impact study? This was done by Dermot Kelly?
40 Paul Marchionda stated yes it was, and Mr. Willis wanted to look at the warrant analysis at the
41 intersection built across from Johnson Street. Mr.Marchionda doesn't know what the relevance of the
42 warrant analysis is?
43
44 Regarding the widening of Rte 114, Chair stated that let us know that the PB did take this under
45 consideration in the engineering. Mr. Marchionda stated yes.
46
47 Chair stated apparently Gene is concerned about the driveway slope coming onto Rte 114. What shape
48 would the intersection take if Rte 114 were widened?
49
Planning Board
Minutes of the Meeting
October 16,2007
Page 7
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10/25/07
11/5/07 FINAL
1 Mr.Marchionda stated that the physical pavement on Rte 114 is about 25 feet shy of the lay of the land,
2 on both sides of the street,there is 50 feet right there of road before you can get into the site. The profile
3 of roadway from edge of existing pave way comes down on a 2 percent grade then starts climbing on a 4
4 percent grade.
5
6 Lincoln stated that Mr.Willis had a question about acceleration lanes, in addition to the widening of
7 roadway on Rte 114 what is the impact?
8
9 Mr. Marchionda stated there is plenty of land if we want to widen roadway.
10
11 Chair wants to add a clause that whoever is in ownership of the land would have to satisfy safety ...
12
13 Mr. Marchionda interrupted and pointed out that 5 separate engineers worked in conjunction concluding
14 that the intersection is safe.
15
16 ...if State wanted to widen a highway would they be responsible for making it conjoin with whatever
17 roads were coming into it?
18
19 AA stated that it's irrespective to the Town's regulations,
20
21 Mr. Marchionda stated that in condition page#6 see set aside 10 foot wide across entire
22 frontage......Chair stated he's happy with that.....
23 Mr. Marchionda interrupted stating that there's no physical impact that he can think of on Rte 114,
24 whether the intersection is where it is or where it used to be.
25
26 Lincoln stated look at the design and not the location with easements and any kind of widening of Rte 114
27 and acceleration lanes how is it going to impact the entrance to that site?
28
29 Mr. Marchionda stated yes. The entrance curves down to a point then goes up slightly to match Rte 114
30 pavement. This section of the road is only 4%.
31
32 Chair stated we are relocating the entrance to his project.
33
34 Mass Highway is researching this? PE looked at this project and decided that it was all agreed to where
35 the entrance way would be located.
36
37 AA stated that as this project was reviewed by a former Director of Engineering that it's fair to assume
38 that this new Director of Engineering should have the opportunity to have a comfort level with this
39 project.
40
41 JK stated letter dated August referencing a 2-year extension? Mr.Marchionda stated that he was seeking
42 an extension for two years? Mr. Marchionda corrected his error,and now stated that he was seeking an
43 extension for only one year.
44
45 JK how many phases in this project is there? Mr.Marchionda stated five. JK when are you planning to
46 start building? Mr.Marchionda stated he would start in 2008. Phase one comprises of taking down the
47 dilapidated buildings located in front,basically demolition of the site. Then just initiating phase 2. At
48 least that much work has to get done by this time next year.
49
Planning Board
Minutes of the Meeting
October 16,2007
Page 8
3 DRAFT
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1115107 FINAL
1 AA is road construction and grading necessary for this?Mr. Marchionda stated not by definition of the
2 permit.
3
4 JK asked how long until the completion? Maximum 10 years.
5
6 AA asked applicant to take down the sign that is falling down. Chair wants this conditioned in the
7 granting of the extension.
8
9 PB reviewed the drafted decision. Edits add as a condition of this extension removal of the existing
10 Boston Hill sign must be removed prior to Oct. 266' .
11
12 Lincoln stated that part of this is if there is safety concerns from DPW,police, fire,town staff,that should
13 be discussed at a later date.
14
15 Chair stated put a clause in that says if conditions on the site on Rte 114 change and in the considered
16 opinion of the North Andover PB that safety issues arise that the applicant must come before the North
17 Andover PB prior to the start of construction to immediate such issues.
18
19 Paul asked so long as the permit allows access to Rte 114, is current and approved by Mass Highway that
20 settles the issue of this project being safe? Chair stated no.
21
22 AA stated he doesn't see any benefit to the Town,by extending this SP. On the same token he doesn't
23 see any detriment.
24
25 JK stated why didn't applicant start this project already?
226
27 Chair stated this over 55 project is an asset to the Town.
28
29 Henry Fink was present and stated that there is a for sale sign located at this site and he is in opposition to
30 granting an extension for this project. Note that Mr. Fink is a direct abutter to this project.
31
32
33 Motion to close public hearing by AA,2nd by TS,vote was 4-0 unanimous.
34
35 Motion to grant a one-year extension to the Boston Hill Site Plan SP for duration not to exceed one year
36 as amended this evening,by AA,2M by TS,vote 4-0 unanimous.
37
38
39
40 UPCOMING PLANNING BOARD MEETINGS:
41 November 6, 2007
42 November 20, 2007
43
44
45 Chair stated if Edgewood does not have their submission in order don't let anybody pressure you, PB
46 wants to deal with things that are ready to be looked at, PB has been out there at Edgewood, and let PB
47 know if we need to put off this petition.
48
49
Planning Board
Minutes of the Meeting
October 16,2007
Page 9
DRAFT
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1115107 FINAL
1 Chair stated keep the gates near the dumpster closed(at CVS Pharmacy, corner of Peters St. and Rte
2 114.).
3
4 Jennifer asked should there be a chain link fence around dumpster situated near the Butcher Boy
5 complex? Chair said have them do the right thing now it's part of our decision(emergency management
6 etc.to avoid anything getting into our drinking water). Recheck this. Lincoln has been to the site a few
7 times and system is functions well
8
9
10 Motion by JK to close public hearing tad by TS,vote 4-0 unanimous meeting adjourned.
11
12
13
14
15 Per order of the Planning Board
16
17
18
19 Approved
Planning Board
Minutes of the Meeting
October 16,2007
Page 10