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2007-12-18 Planning Board Minutes
ttORT1.1 DRAFT do 6 1 ' 12/21 /07 0 2 1 /4/08 3 1 10 0 8 10L C ....... ... 1p x .4 0 TEP 5 C 6 7 8 TOWN OF NORTH ANDOVER 9 PLANNING BOARD 10 Minutes of the Meeting 11 December 18, 2007 12 Town Hall, 120 Main Street 13 7:00 PM 14 15 Members present: Richard Nardella, Chairman 16 John Simons,Vice Chairman 17 Alberto Angles, Clerk 18 Richard Rowen,regular member 19 Tim Seibert, alternate member 20 21 Member absent: Jennifer Kusek,regular member 22 23 Staff present: Lincoln Daley, Town Planner 24 Mary Ippolito,Recording Secretary 25 26 ')7 A Chairman Nardella introduced the panel to the assembly at approximately 7:10 pm. 29 30 CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENT: 31 32 1. Park Street Redevelopment LLC, 498 Chickering Road, Map 71, Parcel 26. Site Plan 33 Review Special Permit. Removal of existing structures of gas station and automobile service 34 station and build a new one-story retail building. 35 36 CHAIR CALLED FOR DISCUSSION ITEM: 37 38 2. Anthony M. Capachietti,of 55 Lyman Road,North Andover to discuss a Citizens Petition 39 to create a dog park. 40 Lincoln is looking for more information from Anthony as to where the park will be. Anthony wants to 41 establish a dog park in Town, and it's not fair for one citizen to pick a parcel and say that's where it will 42 be,he will work w/Lincoln to check out the soccer field at Johnson and Rea St. or the Town Farm, 43 looking for a fenced in one acre of land,double entry fence. It should be privately funded thru 44 donations. If land is donated then work with dog park commission to set fees to use the park, annual or 45 daily fee for in Town or out of Town users. Self-policing,keep noise level down,aggressive dogs not 46 tolerated in N. Reading. No yelling if you can't control your dog they don't want you there. Lisa 47 Madarius.from Groom Town is present and obtained a lot of signatures. Chair thinks that he should not 48 count on using the youth soccer fields(the one for the little kids)because they need the room for soccer. 49 Tony said 6 foot high chain link fence double gated, gazebos for people to sit in the shade,24 inch 50 corrugated plastic pipe for dogs to run thru it. Dogs tire themselves out by themselves. Chair asked 51 Lincoln to work with facilities and properties; we may have some previously acquired wooded land that -2 may be still available. Anthony suggested if a PRD becomes available that might be a good place for a Pianning Board Agenda December 18,2007 Page 1 DRAFT 1 dog park. Fee is$150.00 a year for off-leash. Lincoln stated there is free advertising to be had from this 2 endorsement. 3 4 Please note: John Simons is here at 7:17 pm. 5 6 RR asked if there are zones where this would not be allowed? 7 S Lisa endorsed this idea, and N.A. should be the one to do it first. 9 10 AA asked if capital outlay is about$14K. Anthony stated yes. AA asked if annual maintenance cost is 11 the same as a soccer field? Anthony stated that the lawn has to be mowed and trash has to be picked up 12 such as tennis balls and basketballs. People bring their own water for their dogs,Anthony stated start 13 small, 14 15 CHAIR CALLED FOR DISCUSISON ITEM: 16 17 3 Carol Ryan, of Rennie's Florist Shop,proposes to relocate from Main St. and re-open a 18 florist shop at 6 Water Street—G-B zoning district. 19 20 Lincoln stated that Ms Ryan wants to relocate Rennie's Flower Shop across the street, (where the same 21 piece of property previously proposed to create an outside yard sale or consignment shop). 22 23 Lincoln stated he's currently working with Ms Ryan to determine the parking requirements; it's a gray 24 area now. 25 26 Chair stated that parking is what it is, it's on the street. 27 28 JS stated that the existing structure is in down town area, and then PB is inclined to put it thru. JS stated .29 this is a residence to be converted to a business. JS stated this is in a G-B zone already. He compared Ms 30 Ryan's proposal to George's previous proposal and we'll sort it out. 31 32 Ms Ryan is in the process of purchasing this new duplex house,and leave one half residential. #6 Water 33 St. is next door to Bank of America. Her plan is to do an English cottage kind of thing, flower gardens in 34 front, gazebo, and picket fence at front on Water St. Wants to change entrance from front to side,put 35 French doors and bay windows. Put green house at the back where there is a porch. Her lease is up Dec. 36 31, 2007 where Rennie's is currently located. She will only be using the first floor of number 6 37 everything will be in tact. She has an electrician and she's upgrading to 200 amps on flower shop side. 38 39 JS stated this shouldn't trigger 5 or more parking spaces. 40 41 Chair stated abutter would be ok with this to beautify the house,business entrance in on the side sounds 42 like a good idea. 43 44 Lincoln to monitor this. Ms Ryan doesn't need to come back in front of PB. Lincoln wants Ms Ryan to 45 do a TRC meeting. 46 47 48 CHAIR CALLED FOR CONTINUED HEARING: 49 50 4. RCG North Andover Mills,LLC,East Mill,21 High Street and 120 Water Street,Map 69, 51 Parcel 1 and Map 68,Parcel 10. Preliminary Plan Approval for Planned Development District(PDD) 52 Special Permit for the redevelopment of 65,000 s.f of existing buildings to 50 1-and 2-bedroom 3 apartments, renovation of 50,000 s.f. of existing space for commercial uses allowed in the PDD district, 54 construction of 137 new residential units, and associated improvements to parking areas and landscaping. Planning Board Agenda December 18,2007 Page 2 DRAFT '1 Lincoln stated SP issued in 1984 by ZBA for restricting the height of the garage to two levels only. 2 Applicant wants to resolve this issue at a later date. 3 4 Chair asked how many stories are they putting on the garage? Maybe put this in abeyance and deal with 5 it at Town Meeting. 6 7 Lincoln stated focus on working w/neighborhood propose warrant article to go forward. Applicant now 8 wants to work with neighbors to get their input for the proposed 98-condo units now. Lincoln stated they 9 comply with all requirements in our bylaw. 10 11 Atty. Smolak was present and introduced the committee to the PB. David Steinbergh made a few updates 12 to the master plan regarding comments from neighbors. Neighbors ok with stopping the parking where it 13 presently stops now. Mr. Steinbergh extended the parking lot down further,put ramp in area further away 14 from setback of neighbors. Proposed condos situated over garage and shows elevations tonight. Building 15 1 is tallest bldg. on site now at 21 High St. Roofline is pretty close to the proposed new building and 16 close to the height to the lowest home on Prescott St. Mr. Steinbergh has not developed the full design 17 idea yet. Mr. Shaw, Architect,pointed out a drawing in scale of mill complex,which showed pitched 18 roof,chimneys, balconies as well, it's possible to integrate them in a different way. Did a schematic pre- 19 design imagery of what the back of the garage would look like, it's not just a solid brick wall to look out 20 over,he came up with idea of doing a green screen, it's a metal wire fence structure to allow ivy to grow 21 there,mixing solid and open to have vegetation on it. Photo from corner of Prescott St. back of garage in 22 spring and wintertime it shows roof of garage peeking thru amongst the green screen area. 23 24 RR stated this drawing is a dramatic improvement from last meetings drawing. RR stated property 25 owners have rights. The original garage was built under SP,which inhibits the height to only two levels. 26 So all discussion of what the condos over the garage will look like is too soon. 27 ?8 AA stated he agrees w/RR. The green screen is a good idea,any way to integrate trees and some 29 vegetation also. (See opportunities to place some trees on that area.) 30 31 JS stated he's pleased with the new drawings,he was concerned with the previous design didn't really fit 32 the neighborhood. JS asked what is the strip next to the garage? Mr. Shaw stated they are residences. 33 Building closer to pond what is that? Mr. Shaw stated there would be a harmony design proposed. JS 34 stated the more constrained in area means smaller footprint means go up higher talk about overall parking 35 constraints. Mr. Steinberg stated when they built these properties 2 parking spaces for units equals lK s.f. 36 Now it's a higher use for 3 parking spaces. He's starting w/900 parking spaces and 400 are dedicated to 37 owners across the street for perpetual use. He needs to find 250 more parking spaces on site. 38 39 Chair stated put flexibility in the parking requirements for the Town Meeting. 40 41 Alex Steinberg, owner, stated residential requirements range from one to one .5 in Cambridge,usage on 42 how many are required in between 1.1 and 1.4 with 1.25 being the most documented required for 43 residential. Commercial range is 2 to 3. Chair asked how different would your plan be if our parking 44 regulations were different from what they are today?He said the biggest impact is in retail you have 6 per 45 thousand. He's exploring other solutions with the land across the street that he owns. 46 47 JS stated look comprehensively at the parking area across the street. Ball field is located across the street 48 and Mr. Steinberg has an easement over it. If Mr. Steinbergh could get relief on some of the parking 49 questions then he could reduce the height on the proposed condos proposed on the 2 level garage and 50 utilize parking across the street. JS stated get a fresh slate and try to utilize parking on both sides of the 51 streets to work in the best interest of Mrs. Waldrep, 39 Prescott St. abutter, and it's a win win for 52 everyone. '3 54 Chair stated this does enter into the preliminary plan. Planning Board Agenda December 18,2007 Page 3 nRAFT . 1 2 JS stated bring down the height of the building some. There are no restaurants open in the evening and 3 we would be able to provide parking in this area it would be good for down town. Chair stated put 4 together a committee and gather information from what other towns are doing and look at parking of 5 mixed use especially. Get Atty. Smolak to help us with other towns he may have worked with,by the 6 time we get to town meeting make good recommendations. This language exists in 40R overlay, it 7 includes parking language,put this in site plan rciew process. Chair wants to incorporate these new 8 parking requirements now for this project. 9 10 Lincoln stated does applicant need to be denied for a preliminary application? JS stated he would be 11 inclined to approve this preliminary application. 12 13 Lincoln stated the applicant has complied with our bylaw now. 14 15 Chair stated what's the harm in denying it? 16 17 Atty. Smolak stated a preliminary is a confrontation; it doesn't have a legal bearing on the definitive 18 approval. 19 20 Chair stated if someone else came in and took some things from the preliminary and tried to use it. 21 22 JS stated it's not so clear that you can move to a definitive plan. 23 24 JS stated it meets the minimum requirements but there are areas that need to be changed. 25 26 AA stated see 1984 ZBA decision; can we approve this plan tonight? JS stated we couldn't approve this 27 because of a ZBA decision. Or say if it moved to the definitive stage then this ZBA thing has to be 22 8 reversed. 29 30 Atty. Smolak stated he still wants to implement the other components of phase 2. JS stated write up 31 strongly and condition:it. Can't do definitive unless ZBA decision issue is resolved. 32 33 RR stated garage area is the only major issue. RR stated word the approval of the preliminary plan 34 carefully, Planning Board is not approving any part of the building of the garage at all tonight. 35 36 Chair stated an approved preliminary plan would not mean much,talk about specific issues,plantings, 37 heights, structures, it's more of a technicality to help you along. 38 39 Lincoln to draft an approval of a preliminary plan with language relative to tonight's meeting. 40 41 RR stated come back to the PB regarding parking issues first if you have an epiphany. Keep in mind that 42 PB will do something at next town meeting w/parking bylaw requirements. 43 44 No one was present to speak in opposition. 45 46 Motion by JS to close the public hearing for a preliminary application for 21 High St.,2nd by AA, motion 47 approved,vote was unanimous 5-0. 48 49 50 CHAIR CALLED FOR CONTINUED HEARING: 51 52 5. Edgerwood Retirement Community,Inc. 575 Osgood St.,Map 36,Parcels 3, 17, 18 & 19. a3 Site Plan Review SP and Continuing Care Retirement Center SP to construct 22 new single-family 54 attached and detached"cottages,3 residential units in existing structures, greenhouse,new 20-foot Planning Board Agenda December 18,2007 Page 4 DRAFT '1 wide access roadway, and informal dining area and 2-story Adult Social Day Program additions to 2 the existing Continuing Care Facility. 3 4 This application was filed w/PB in May 2007. Lincoln stated there is progress on this project. VHB 5 submitted a second set of responses. There are 4 or 5 issues that VHB needs to address,medium to minor 6 in nature details to the plan. VHB is reviewing them in time for the next PB meeting. Peg Wheeler 7 submitted her comments also. Lisa Eggelstom is reviewing the storm water for this project for drainage. 8 Lincoln stated the applicant and engineer are working diligently to get this information in ASAP. We're 9 not there yet. Applicant did a fantastic job on landscaping issues this could be concluded at the PB Jan 10 15`x'PB meeting. I1 12 Chair asked if we're required not to use cape code berm around hydrants? Lincoln stated if you follow 13 subdivision regulations regarding a berm then yes. Chair stated there are drainage concerns; talk w/VHB 14 regarding the sensitive area PB may need something other than cape cod berm. In the winter these cape 15 cod berms don't exist. We need granite berm instead. Treadewell site was required to have granite 16 berm. 17 IS Lincoln stated applicant redesigned drainage around entire site. Tony Capachietti,Engineer, stated there 19 are 3 engineers reviewing the drainage for this project now. Lisa Eggelsstrom's issue is the balance of 20 flow to existing site and keep it at the surface. 21 22 Lincoln stated all the engineers would come up with one design to present to the PB regarding the 23 drainage issues. 24 25 Mr. Capachietti stated the previous engineer on the previous project designed an improper detention pond, 26 now someone has to clean out the bottom of the detention pond. Mr. Capachietti stated he has a 27 maintenance plan to maintain the entire site. 18 29 Stacey Furlong,Project Manger, stated she's working w/Con/Com and all engineers and talking w/Peg 30 Wheeler, looking at VHB for PB perspective. She wants a decision from PB conditional upon getting 31 ConJCom satisfied? 32 33 Chair stated he doesn't know what is being talked about at Con/Com. 34 35 Lincoln stated the goal is to get only one set of plans for this project. 36 37 JS stated these issues have to be resolved first but PB may have to look at the decision differently if the 38 drainage plan is changed quite a bit. 39 40 Ms Furlong wants to know that this project will proceed? She's down to 5 items now, can she get a 41 conceptual approval tonight from the PB are there major concerns that she can address now? 42 43 Chair stated the PB is happy at where we ended up; unfortunately this didn't start with this plan in the 44 beginning. 45 46 RR stated if the drainage issue is resolved you won't be surprised. AA stated ditto. 47 48 Chair stated we couldn't do things until all the facts and data are in we can probably close the public 49 hearing on January 151x'. 50 51 Atty. Bob Lavoie asked could Lincoln draft a decision for circulation? 52 -53 PB will ask Lincoln to do this. 54 Planning Board Agenda December 18,2007 Page 5 DRAFT 1 Charlie Kendrick, Chairman of Trustees of Edgewood,his committee has to present to the Board he can't 2 release the money until he knows he has the approval of this project by this spring. He needs the real 3 approval document as quickly as possible. 4 5 RR stated PB would review the decision prior to the next meeting, will resolve it ahead of the meeting, 6 and sometime make amendments at the meeting. 7 8 AA stated the planning staff needs an opportunity to review VHB review information etc,and PB needs 9 to see the resolved drainage issue we need one plan that works. 10 11 Peg Wheeler,Trustee of Reservation,thanked the PB for their careful attention of the drainage issues. 12 Marking of the boundary between the site to be developed and the Conservation land, incorporate this 13 into the PB decision so there is no intrusion on the land. 14 15 Lincoln will do physical markers, such as what Con/Com uses as markers. 16 17 RR requested staff to draft a decision, 18 19 20 CHAIR ANNOUNCED THERE ARE NO PUBLIC HEARINGS: 21 6. None 22 23 24 REMIND LINCOLN TO DO A SITE WALK FIRST WEEK IN JANUARY FOR EAGLEWOOD 25 BOND RELEASE. 26 27 28 CHAIR CALLED FOR A CELL TOWER COMMITTEE UPDATE DISCUSSION: 29 30 7 Lincoln to e-mail the cell bylaw section. 31 32 JS wants to know exactly the changes made to the original bylaw. He wants to see how much language 33 is changed and how much is rouged language. 34 35 Lincoln stated two changes were done. 36 37 JS asked did our bylaw say that if the companies don't provide their annual reports they could get turned 38 into pumpkins? Check out the co-location stuff where did it come from? 300 feet then proposed at 1K 39 and it was negotiated down to 600 feet. 40 41 Chair stated Cell Tower Committee should talk about towers and antennas. If it's an antenna in a church 42 there is no fall zone technically speaking. Make a distinction; we only have two cell towers in Town, 43 Chestnut St., &Osgood St. 44 45 RR stated how many people moved in and bought their property before the tower existed? How much 46 did the Chairman save when he bought his property because there was an existing tower there?Give 47 comments to Lincoln and here are the issues that the PB expressed and make recommendations based on 48 that. TS has re-written 2 chapters already and circulate them. 49 50 51 APPROVAL OF THE"MINUTES". a 52 33 8. Minutes for the following Planning Board Public Meetings: 54 © November 6,2007 Planning Board Agenda December 18,2007 Page 6 DRAFT 1 ❑ November 20, 2007 2 ❑ December 4, 2007 3 Motion by RR, to approve the November 6, 2007 Minutes, 2"d by AA, motion approved vote was 4 unanimous 5-0. 5 6 7 8 UPCOMING PLANNING BOARD MEETINGS: 9 10 9. January 15, 2008......... 11 February 19, 2007 12 13 14 Schedule another PB meeting between the end of January and February of 2008. 15 16 Lincoln to work w/Board to rework the parking regulations. 17 A discussion for a conceptual proposed restaurant and parking at 1003 Osgood Street would be placed on 18 the January 15th PB agenda. 19 20 21 Motion by RR to adjourn tonight's meeting,2"d by JS, motion approved,vote was unanimous, meeting 22 adjourned at approximately 9:00 pm. 23 24 25 26 27 By order of the Planning Board 28 29 Approved 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 Planning Board Agenda December 18,2007 Page 7