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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Mintues of the Meeting
8 March 18, 2008
9 Town Hall, 120 Main Street
10 7:00 PM
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14 Members present: Richard Nardella, Chairman
15 John Simons;Vice Chairman
16 Alberto Angles, Clerk
17 Richard Rowen, regular member
18 Jennifer Kusek,regular member
19 Timothy Seibert, alternate member
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21
22 Members absent: None
23
24 Staff present: Lincoln Daley, Town Planner
25 Mary Ippolito, Recording Secretary
26
27 Chairman Nardella introduced the panel to the assembly at approximately 7:10 pm.
28
29 CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENTS:
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31 The DF Parker Company, LLC, 500 Sutton Street, Map 74, Lot 1-B. Site Plan
32 Review Special Permit to permit construction of a 20,540 s.f, two floor masonry and
33 steel pet care facility and a Watershed Special Permit for the construction of a detention
34 basin in the Non-Discharge buffer zone within the I-2 zoning district.
35
36 880 Great Pond Road, -Map 103, Lot 111. Watershed Special Permit to raze existing
37 dwelling and construct a single-family dwelling, driveway, &roof runoff infiltration
38 system within the Non-Disturbance district within the R-1 zoning district. Applicant
39 currently requesting a variance from ZBA.
40
41 RCG, 21 High Street- Map.069.0 & 068.0 Lot 0001 & 0010. Site Plan Review Special
42 Permit and Definitive Plan Approval for Planned Development District Special Permit
43 for Phase 2, which shall include the renovation and conversion of approximately 65,000
44 s.f of existing vacant space and total of fifty residential, loft-style, one&two bedroom
45 residential units located within the second and fourth floors of Building#3A and the
46 fourth and fifth floors of Building No.1 the conversion of other space within the existing
Planning Board
Minutes of the Meeting
March l8,2oo8
Page 1
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DRAVT Ten's edits 411108
1 building to commercial uses along with parking and other improvements on the premises
2 in the I-5 zoning district.
3
4 CHAIR CALLED FOR THE FOLLOWING DISCUSSION:
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6 Wireless Bylaw Committee Update: Modification to Section 8.9 Wireless Service
7 Facili
8 TS gave an update stating the Committee is meeting tomorrow night and will submit a
9 draft to Atty. Urbelis,however, he questioned if it could fly. Drafted bylaw but only
10 about 85% finished. Their intention is to circulate the draft to get feedback and then have
11 a ratification process with input from Town Manager, Town Counsel, and come up with a
12 final draft in time for the Warrant. TS stated that a status update could be given at Town
13 Meeting and the Committee will vote on this issue at tomorrow night's meeting. The
14 Committee is not in agreement as to how they want to proceed with this project.
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16
17 Chair stated he read thru all of the Articles for the Town Meeting and the Cell Tower
18 Bylaw was discussed at that meeting. Town Counsel was adamant that some of the
19 proposed changes being made to the Bylaw would not fly.
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21 Town Counsel stated maybe there is one location in Town suitable for a new tower?
22
23 Lincoln stated he did an analysis/study of the cell tower locations, there are possibly 3 or
24 4 new locations in Town where a new tower could be located,however,he is still doing
25 an analysis/study were the gap is in the coverage for all the wireless providers to see if
26 the areas in Town meet the 100' setback requirements,
27
28 Chair asked if the Committee took out the piece of Bylaw that talked about underlying
29 zoning on co-location issues?
30
31 Lincoln stated no, actually they enhanced it to address towers, and antennas also. Any
32 antenna has to comply with setback requirements of 800'. Lincoln did research other
33 Town's Bylaw. The renewal process was taken out of the most current language of their
34 bylaw because it was considered almost a license to operate a facility in Town so the
35 limitations process was taken out of their Bylaw.
36
37 RR stated just to say you can't build an antenna within 800' of something is ludicrous;
38 they ought to be separating the issues one from another.
39
40 Chair asked Lincoln to look at the cell tower company's coverage table and mark up the
41 coverage table showing where the gaps are relative to coverage now.
42
43 Chair stated it would be disappointing if the Town has to work with the same Bylaw,he
44 is not happy with our present Bylaw relative to Section 8.9 and he's not sure if just
45 raising it to 800' is going to do anything. Chair asked how long it would take the
46 committee to come up with a new Bylaw?
Planning Board
Minutes of the Meeting
March 18,2008
Page 2
DRAVT Jen's edits 411108
1
2 TS stated the meetings are regularly attended by only a few members; apparently, Mr.
3 Tryder took a hiatus from the committee because he was busy at work.
4
5 RR stated the PB could come up with a better Bylaw.
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7 The Warrant will be signed the last week in March.
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9 1. T-Mobile,451 Andover Street. Requesting a waiver from a Site Plan Review
10 Special Permit and discussion of Special Permit to replace existing antennas with visually
11 identical models and the addition of one equipment cabinet. ZBA granted a variance on
12 11/20/97-
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1/20/97.13
14 Lincoln gave the background on this project: The ZBA was the Special Permitting
15 granting authority in1997, for telecommunications, as such they issued a"variance" on
16 11/20/97 for this project which was labeled as Turnpike Street. Since that time, the
17 Planning Board became the Special Permitting granting authority for telecommunications
18 and as such T-Mobile was advised to contact the Planning Department in order to make a
19 modification on this project. Lincoln suggested that the PB issue a Waiver from a Site
20 Plan Review Special Permit process and requested that the applicant come in under a
21 Special Permit only for Section 8.9.
22
23 Upon a motion by JS, 2nd by RR to grant a waiver from a Site Plan Review Special
24 Permit for T-Mobile for property located at 451 Andover Street, however,to come back
25 in and apply for a Special Permit for Section 8.9, vote was unanimous 6-0.
26
27 Mr. Onessimo, T Mobile, Site Development Services, was present but did not comment
28 on the SP process, thanked the PB for their cooperation. Mr. Onessimo should submit a
29 coverage map when he submits his application for a Special Permit.
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31
32 CHAIR CALLED FOR THE FOLLOWING DISCUSSION REGARDING 2008
33 ANNUAL TOWN MEETING WARRANT ARTICLES:
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35 2. Rte. 125 Corridor Rezoning---Creation of the Corridor Development District 3
36 (CDD3).
37 Lincoln gave a slide presentation of the proposed rezoning within the Rte. 125 corridor
38 and explained the proposed rezoning by color-coding each parcel to be rezoned (see
39 handout submitted). Key issue with the rezoning was the redefinition of a restaurant, in
40 addition to modify some of the setback requirements primarily the rear setback, it was
41 20' or 25' now it's been bumped up to 30'+/- Industrial—S is 30' and Residential zones
42 were R-1 is 30', I-S is 30' for rear setback.
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Planning Board
Minutes of the Meeting
March 18,2408
Page 3
DRAFT Jen's edits 411108
1 Proposed restaurant would require dimensional relief of a 30' rear setback. Chair wants to
2 know if the restaurant wanted to expand could they include restaurants in the rezoning
3 process.
4
5 Lincoln stated the CDD3 line would not be an overlay it would be the creation of a new
6 zone. j
7
8 Existing zoning is the whiter shade I-1; zebra stripe is I-S; mustard colored shade is R-1;
9 and across the street is 1-2.
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11 The parcel was discussed (Microwave Engineering) could the owner expand the size of
12 the facility and should it be included in the rezoning process. JS stated owner would be
13 permitted to continue this use for expansion, as long as they stay within the same use,
14
15 Chair stated we should include them in the rezoning if applicant has some severe issues
16 let us know.
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18 JS asked if Lincoln could do something similar on this corridor that was done on the Rte.
19 114 corridor? If there is an existing use, then you could limit the use to basically the kind
20 of use that they have that's already there you're permitted to continue that use and add on
21 to the use but only if it's already there.
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23 Chair stated the PB would come up with a paragraph that talks about existing non-
24 conforming may expand on existing site, etc.
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26 Chair advised Lincoln to draft a paragraph to the PB and then PB to write a paragraph
27 and send it to Lincoln.
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29 Chair advised that no drive-thru would be permitted within 500 linear feet of another.
30
31 Lincoln went over each lot in purple and gave the depth and size of each lot in question.
32 2.7 acres, 1.2 acres, 1.13 acres, .2 acres, .8 acres, 2.77 acres, 2.4 acres, 1.81 acres, 1.2
33 acres, .69 acres, 1.23 acres 1.8 acres.
34
35 JS stated he wanted to permit larger parcels sizes versus smaller ones, possibly 3.0-acre
36 size lots.
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38 Chair asked the PB what they thought of proposed rezoning area?
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40 JS wants to leave the zoning line where it is; however, the lot next to Barker's farm keep
41 this as a question.
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43 AA stated he didn't want to legislate somebody out of his own property.
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45 JK stated she wants 1.5 to 2.0 acres for lot size for rezoning.
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Planning Board
Minutes of the Meeting
March 18,2008
Page 4
DRAFT Jen's edits 4/1/08
1 Due to the proposed size of the lots RR asked about parking requirements and parking
2 use,maybe have shared parking spaces?
3
4 JS stated for Lincoln to check out the Common Driveway Special Permit bylaw as to
5 what requirement is allow to get one, and to put a separate provision in a Site Plan
6 Review Special Permit stating shared parking will be allowed.
7
8 Abutter, 21 Bradford St., stated look at the lot on the corner of Bradford and Osgood St.
9 will it be proposed as Commercial zoning? Lincoln stated yes,however, it is zoned for
10 Industrial and Residential now; we are cleaning up the zoning.
11
12 Joan Berry, 67 White Birch Lane, look at parcel #34 what will be the proposed
13 rezoning? Lincoln stated it would turn entire piece of property into commercial.
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15 Joseph Andriolo, 37 White Birch Lane, asked could a big lot flip to Commercial?
16
17 JS read the Bylaw Section 4.3 regarding extending a lot due to a larger size lot located
18 adjacent to it.
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20 Mr. Andriolo stated he is against drive thru restaurants because noise going on during
21 the day and more traffic, however, he doesn't want 2 am drive thru and lights being
22 kept on during the night time.
23
24 Chris Adams, 1591 Osgood St. Nominee Trust, pointed out a specific parcel and asked
25 if it is land locked? Lincoln stated it has access off Rte. 125.
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27 Tyler Munroe, 100 Foster St., stated he thinks that 3-acre size proposed parcels is too
28 aggressive; he prefers 2-acre size parcels.
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30 Chris Adams stated that potential commercial developers are not interested unless they
31 can put a drive thru in. It seems that drive thru is limited to banks,how come no drive
32 thru for fast food restaurants?
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34 JS explained the difference in hours of operation between banks and fast food
35 restaurants.
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37 Chair wants to see the line extended on one lot.
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39 Chris Adams stated that to leave that one particular lot as residential would be non-
40 productive, as it has been proven to be so for many years (it's his property).
41
42
43 3, Modifications to Sections 8.1 Off-Street Parking and 8.4 Screening and
44 Landscaping Requirements for Off-Street Parking.
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Planning Board
Minutes of the Meeting
March 18,2008
Page 5
DRAFT Jen's edits 4/1/08
1 PB reviewed the wording in the article submitted tonight. JS stated for Lincoln to look at
2 the table and create some examples in order to put it into context. See the day-care center,
3 1 per 3 people - why did this go up? Lincoln stated these estimates are based on national
4 standards. Chair advised PB to look at this table and submit their input to Lincoln.
5
6 Chair stated there was a meeting w/Al Manzi, ZBA Chair, and he had a problem with the
7 PB having approval to waive some items.
9 RR stated PB ought to be the decision making board because of the mix and timing
10 regarding Site Plan Review Special Permit process. RR stated take parking regulations
11 out of the zoning Bylaw.
12
13 JS stated most of the content of this should go into the Rules and Regulations. He stated
14 is this parking Special Permit? Use Section 10.3 as opposed to 8.3.1.
15
16 RR stated leave the byaw the same for parking as long as it has nothing to do with a Site
17 Pian Review Special Permit. However, he said leave-parking regulations in the Bylaw
18 for a PRD.
19
20 Chair stated change the parking regulations in the zoning Bylaw in order to allow under a
21 Site Plan Review SP application the PB the flexibility to work with a Site Plan Review
22 SP to govern any parking issues in order to over ride the zoning Bylaw.
23
24 Chair advised Lincoln to tell the PB which ones are more restricted ASAP.
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26
27
28 4. Modifications to Section 4.2 Phased Development B law—The Phased
29 Development section is set to expire on July 1, 2009. Lincoln stated that Town Counsel
30 looked at the language in this Bylaw to take entire section out.
31
32 JS stated this Bylaw was written during the peek period of building in our Town ca. 1980
33 — 1996 relative to residential construction.
34
35 RR stated we do not need this Bylaw any more.
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37 JS stated he agreed with Richard,
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39 Chair stated this Bylaw is working against the Town.
40
41 PB agreed to let this Bylaw expire by itself,
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43
44
45 5. Modifications to Section 2. Definitions to define the term "Structure" and
46 "Trailer".
Planning Board
Minutes of the Meeting
March 18,2008
Page 6
DRAFT Jen's edits 41110$
1
2 Lincoln submitted a drafted article containing a definition of structure and trailer for the
3 Board's review (see document). The trailer's located at Butcher Boy market was
4 discussed.
5
6 Chair discussed the definition of temporary: Removed within a designated time period,
7 activity or use for which a temporary structure was erected has ceased. That could be
8 open ended? Take the trailers at Butcher Boy, the use would continue on.
9
10 RR stated that perhaps at Christmas and Easter they might need a trailer but within 3 days
11 after the holidays are over the trailers should be gone. There should be a specific point of
12 time when you could define when the need arose and after that whether it being erecting
13 staging for a parade, when the parade is over you take down the structure.
14
15 If someone wants to put up a temporary structure it should be pointed out when the
16 structure will be taken down.
17
18 Chair asked what would happen right now if somebody wanted to put up a temporary
19 trailer?
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21 No, with the approval from the Building Inspector to put those trailers on the site.
22 Lincoln stated this answer should come from the Building Inspector.
23
24 Chair stated the PB should provide the Building Inspector some firm guidance so he can
25 sink his teeth into.
26
27 Chair asked what are the concerns of the Chairman of ZBA?
28
29 Lincoln stated it was to agricultural.
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31 PB stated that detention pond is not defined as a structure. Lincoln stated what was
32 referred to be was an underground storm water management system. Chair wants
33 Lincoln to come up with a better definition of storm water drainage system.
34
35 Frank Ragonese, 1939 Great Pond Road, stated the court decision (regarding the law suit
36 between Mr. Ragonese and Butcher Boy) was made because of usage;he wants Lincoln
37 to go to the Town Counsel for an interpretation. He wants the PB to decide not to allow
38 any temporary storage of trailers. The brown trailers located on the side of Mr.
39 Yameen's property are structures and they are not hooked up to electricity.
40
41 RR stated he only used the Bucher Boy as an example. RR stated there could be times
42 when temporary trailers could be allowed for certain circumstances such as for instance
43 Boston Chicken during Christmas time.
44
Planning Board
Minutes of the Meeting
March 18,2008
Page 7
DRAFT Jen's edits 411108
1 Chair asked Lincoln to refine language in the definition: Chair's edits: improved and
2 erected has ceased. More edits: if it has a motor it must be considered a structure. Chair
3 instructed Lincoln to run this by Chairman Manzi, ZBA.
4
5 Mr. Ragonese asked if the article for Town Meeting is being modified? Mr. Ragonese
6 compared the warrant article to the proposed article of tonight. He stated a structure is a
7 structure whether it has electrical or not. Mr. Ragonese stated he is not happy with Gerry
8 Brown, Building Inspector,regarding his determination of a temporary trailer.
9
10 Chair wants Lincoln to e-mail the PB this temporary trailer issue.
11
12
13 6. Sign Bylaw—Section 6 Signs and Sign Lighting Regulations.
14 PB discussed the physical shapes and types of signs that apply to this Bylaw. PB also
15 discussed banners and that the BOS is the permitting authority for them. PB agreed with
16 submitted language as it relates to any temporary sign (but not limited to cranes that are
17 self-supporting).
18
19
20 CONTINUED HEARING(S):
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22 none
23
24 APPROVAL OF THE "MINUTES"
25
26 ■ January 15, 2008
27 ■ February 6, 2008
28 ; March 4, 2008
29
30 Upon a motion by RR, 2"d by JK to approve the January 15, 2008, February 6, 2008, and
31 March 4, 2008 Minutes, vote was unanimous,
32
33
34 PLANNING BOARD MEETINGS:
35
36 April 1, 2008
37 April 15, 2008
38 May 6, 2008
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Planning Board
Minutes of the Meeting
March 18,2008
Page 8
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9 The Planning Board reserves the night to take items out of order and to discuss and/or
10 vote on items that are not listed on the agenda.
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Planning Board
Minutes of the Meeting
March 18,2008
Page 9