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HomeMy WebLinkAbout2008-04-29 Planning Board Minutes DRAFT 5/6/08 Jen's edits. t TOWN OF NORTH ANDOVER 2 PLANNING BOARD SPECIAL MEETING 3 Minutes of the Meeting 4 APRIL 29, 2008 5 6 7:00 PM 7 TOWN HALL 8 120 MAIN STREET 9 TOP FLOOR CONFERENCE ROOM. 10 11 12 13 Members present: Richard Nardella, Chairman 14 John Simons, Vice Chairman 15 Alberto Angles, Clerk 16 Richard Rowen,regular member 17 Jennifer Kusek, regular member 18 Timothy Seibert, alternate 19 20 21 Staff present: Lincoln Daley, Town Planner 22 23 Staffabsent Mary Ippolito, Recording Secretary 24 25 26 Chairman Nardella introduced the panel to the assembly at approximately 7:OOPM and 27 stated that the PB will be discussing the 2008 Town Warrant Articles. Chair asked 28 Lincoln if the PB wrote a support letter regarding RCG, 120 High Street in support of 29 RCG's historical tax credits? Lincoln stated that in talk w/David Steinberg he stated that 30 the Town Manager wrote the letter. Chair was ok w/this. 31 32 33 CHAIR CALLED FOR THE FOLLOWING PUBLIC HEARINGS: 34 2008 ANNUAL TOWN MEETING WARRANT ARTICLES: 35 36 1. Article 19: Appropriation and transfer offends to purchase former Merrimack 37 Valley Federal Credit Union Building. (Petition of Board of Selectmen) 38 No vote was taken. 39 Lincoln gave an overview stating this property is located across from 1600 Osgood St. 40 (Lucent property). Will Town vote transfer of funds to acquire the Merrimack Valley 41 Federal Credit Union building etc. Chair stated the Finance Committee recently voted to 42 recommend these monies & are only allocated thru a tax override. BOS last night wants 43 to stick with current plan to do it out of their operating budget with no override. So 44 support for this article is still there. 45 46 JS asked if there was any further information needed because this article was held over? Page 1 April 29, 2008 Minutes of the Meeting DRAFT 516108 Jen's edits. 1 2 Chair stated they were waiting to see if this was going to be the chosen site. 3 4 Lincoln stated this was just a carry over the PB didn't actually discuss this article. 5 Lincoln stated there was an alternate location such as the Bradstreet School, for a location 6 for the Police Station. How much will it cost? 7 8 Chair stated it has+/-but it looks to be favorable. 9 10 Motion by JS to recommend to take favorable action, 2"d by AA,vote was 11 unanimous. 12 13 14 2. Article 27: Amend General Bylaws-Add New Section—Chapter 92 Eminent 15 Domain. (Petition of Edwin Tripp III). 16 No vote was taken. 17 Lincoln stated at the last meeting the PB reviewed this article and made some 18 recommendations. Included in your packets are the proposed changes recommended by 19 PB and Town Counsel. 20 21 First change is ##2 and it adds the words ROADWAY AND other similar public projects 22 (which was recommended by Richard Rowen). The very next paragraph words that was 23 necessary for easements now it's a discussion for Town Counsel. Lincoln recommends 24 the PB to take favorable action on this article. 25 26 TS asked if the Finance Committee is against this? Lincoln stated he didn't know the 27 reasons why they are against it. 28 29 JS stated the changes discussed are consistent so given that this is the case: Motion 30 by JS, to recommend favorable action on article 27 with provisions that the 31 amendments that PB recommendations be added to the article, 2' by RR,vote was 32 unanimous. 33 34 35 3. Article 32: Amend Vote Article 42-1997 Annual Town Meeting Removal 36 of Development Restrictions on Map 62, Parcels 18, 9, 64. (Petition of Board of 37 Selectmen) 38 No vote was taken. 39 Lincoln stated this article is to allow construction of athletic fields on said parcels. This is 40 the first step that allows BOS to approach the State to remove some restrictions from 41 Town owned properties in Town for the purpose of creating ball fields/athletic fields. 42 43 JS asked if we have any idea what they are planning to do? PB doesn't know how much 44 grading is going on, doesn't know if it's near wetlands, or if they require a special permit. 45 Page 2 April 29, 2008 Minutes of the Meeting DRAFT 5/6/08 Jen's edits. 1 RR stated if this were a commercial venture the PB would toss them out on their ear. 2 3 Lincoln stated this is only the first step, any kind of design is the second phase in this 4 process,this only allows the Town to approach the State and say we have some parcels 5 with restrictions on them and we would like to use it for a possible ball field. Any kind of 6 approval would then go before the necessary boards for site design etc. 7 8 JS stated it just lists parcels, does that mean literally the entire property? In 1997 we put 9 a conservation restriction on property for a reason so does that mean that they can take 10 out the hill? I1 12 RR stated he agrees with JS, PB has gone over this parcel before when they were trying 13 to build schools there across Dale St. It's all wet and everything-else is a hill. Applicant 14 should have come in with at least a sketch. 15 16 Tom Zahourico stated this is not the parcel on the hillside it is the parcel on the lower 17 side. 18 19 JS stated that nobody has even provided a parcel map. If the Town does this why do we 20 tolerate it? 21 22 Tom stated this is a restriction to remove only certain elements specifically the restriction 23 on active recreation as opposed to passive recreation. 24 25 Chair stated let's wait until May 6`11 to discuss this article further and invite Tyler Munroe 26 to come before the board. 27 28 29 4. Article 33; Amend North Andover General Bylaws,New Chapter, Chapter 30 160 Storm water Management & Erosion Control Bylaw. (Petition of the North Andover 31 Division of Public Works) 32 No vote was taken. 33 Lincoln stated at the last meeting Atty. Smolak presented some concerns and in written 34 fonnat and has been submitted to the PB for comments and to Town Counsel for his 35 comments. 36 37 Atty. Smolak stated there are 3 areas. #1. Creation of a new storm water committee that 38 it be separate from the review process that would otherwise be undertaken by the PB and 39 Con/Com along w/staffing requirements, legally noticing,minutes to set up this whole 40 review process. 2nd issue is potential delays caused by the review process i.e. some 41 exemptions in the bylaw require one to first go thru the complete Conservation and PB 42 review process for purposes of storm water then come to storm water committee to 43 request an exemption. 3rd issue is terminology issues with respect to bylaw exemptions 44 that should be better defined in the bylaw, personally he feels there is no need for a new 45 storm water bylaw we can work within existing frame work and accomplish what this 46 bylaw is intended to accomplish. Page 3 April 29, 2008 Minutes of the Meeting DRAFT 516108 Jen's edits. 1 2 Chair stated that when you read the bylaw if you take it literally it is all the things that 3 Atty. Smolak talked about. But in fairness to Mr. Willis he portrayed it as if the PB goes 4 thru a review process and we get engineering that talk about storm water drainage it 5 would go to this storm water management committee but it would be kind of a rubber 6 stamp because we've done the review work. 7 8 Lincoln stated committee is comprised of various department heads in Town. Was not 9 meant to add additional layer but to work w/PB consultants and Con/Com consultants 10 projects went before their two boards would be rubber stamped, it's a way to comply 11 w/Federal mandate and not overburden the Town with extra staff time to review 12 applications. 13 14 Chair asked if there was a plan to form another board or committee? 15 16 Lincoln stated yes,under language of the bylaw there would be a storm water 17 management committee. 18 19 It would be comprised of Mr. Willis, persons from the Planning Dept. & Conservation 20 Dept. 21 22 , Atty. Smolak stated this process could be stream lined if it could be reviewed thru a TRC 23 meeting. 24 25 Chair instructed Lincoln to talk w/Mr. Willis and explain PB concerns and postpone this 26 article until the next PB meeting. 27 28 Lincoln stated there is a deadline to put this in place, there are potential fines if you don't 29 meat the deadline. 30 31 JS stated Town Counsel explained that there is a Federal mandate for it to be done, he 32 thinks that it's at the end of this year and there are fines associated with it but practically 33 speaking they probably wouldn't be levied. We are where we are if we feel very un- 34 comfortable you could put it off until a Special Town Meeting but he didn't say you had 35 to pass it at a Town Meeting. 36 37 Chair asked if storm water is engineered at either the Conservation or Planning Board 38 level in a submission of a project that it would exempt it from this "committee", this 39 process? 40 41 Atty. Smolak stated that North Andover needs TO COMPLY with a general permit 42 issued by EPA, DEP, it was issued in May 1, 2003 so it expires on May 1, 2008 but under 43 Federal regulations the old permit continues to operate until the new one is issued and 44 there is going to be a draft permit issued next month for a public comment that may have 45 different requirements than what we're facing today so he thinks we should probably 46 hold out. Page 4 April 29, 2008 Minutes of the Meeting d/ DRAFT 516108 Jen's edits. 1 2 Chair stated put this one off, talk to Mr. Willis and make a recommendation at the 3 next meeting maybe to table it until another Town Meeting? 4 5 Lincoln stated John raised a lot of important issues. Mr. Willis is on vacation 6 (GIVE HIM TIME TO READ IT). 7 8 9 5. Article 34: Amend General Bylaws—Add New Chapter—Chapter 134 Machine 10 Shop Village Neighborhood Conservation District Bylaw. (Petition of Board of 11 Selectmen) 12 No vote was taken. 13 Lincoln stated per Town Counsel that the appropriate method of adopting the proposed 14 conservation district was to have the Town vote to amend the General bylaws of the 15 Town by enacting the same general bylaws. So instead of asking the State to approve 16 these ask the Town to approve it. 17 18 Motion by JS to recommend favorable action on article 34,2"d by AA vote was 19 unanimous. 20 21 22 6. Article 35: Amend North Andover Zoning Bylaw Section 4,122 - Residence 4 23 District. (Petition of the Zoning Board of Appeals). 24 No vote was taken. 25 Lincoln stated this is to add additional use to the R-4 district to allow a family suite to be 26 an allowed use in the district, currently R-1 thru R-3 allows a family suite to be as of 27 right use. This would allow the people in the R-4 district the same opportunity. It's 28 basically copying the same language. 29 30 Motion to take favorable action by AA, 2"d RR,vote was unanimous. 31 32 33 7. Article 36: Amend North Andover Zoning Bylaw—Section 6 Signs and Sign 34 Lighting Regulations. (Petition of the Planning Board) 35 No vote was taken. 36 Lincoln stated this is to add a frame/ sandwich board sign and amending sub-section 6.6B 37 permitted signs by adding language required in sign permit for a frame sign within the 38 zoning district. 39 40 Chair asked `does this mean the Town signs that say construction ahead' make these 41 things illegal? Lincoln stated he had not seen that happen yet, and would not comment 42 on it. 43 44 Motion by RR to take favorable action, 2ndby JS,vote was unanimous. 45 46 Page 5 April 29, 2008 Minutes of the Meeting / DRAFT 516108 Jen's edits. 1 8. Article 39: Amend Zoning Bylaw Section 8.1 Off-street and Section 8.4. 2 Screening and Landscaping Requirements for Off-Street Parking. (Petition of the 3 Planning Board). 4 No vote was taken. 5 6 Lincoln stated he incorporated the comments made by the PB. It allows for persons who 7 are applying for a SP to receive parking permits also without requiring that they go thru 8 two separate hearings. 9 10 Chair stated the Chair, of ZBA, expressed his concern and for this Board to be aware of 11 that. Chair stated it's a good idea to streamline the permitting process. 12 13 Motion by JS to take favorable action on article 39,2"d by JK,vote was unanimous. 14 15 16 9. Article 43: Amend North Andover Zoning Bylaw---- Section 4.126 - Business 1 17 District and Section 4.127 Business 2 District. (Petition of the Board of Selectmen) 18 No vote was taken. 19 20 Lincoln stated this article would essential limit the retail establishment up to 50K s.f. 21 without a Special Permit from the PB. It will only affect two or three parcels within the 22 entire Town, one of the parcels is Endicott Plaza, other than that the parcels zoned for B- 23 1, B-2, are on the small size to have a facility over 50K s.f. on it. 24 25 JS stated what is not clear is what the intent is,because if something is a use by Special 26 Permit the PB has some ability to limit,but relatively little, so if the intent is to avoid big 27 buck stores, which he believes it is, then he doesn't see how this goes about doing it and 28 it introduces a bunch of different problems. Retail establishment, what if you break it 29 into two pieces? 30 31 Chair asked if any project that size triggers a Site Plan Review Special Permit in any 32 event? 33 34 JS stated if you allow a certain density of zoning certain size and floor area ratio, you've 35 pretty much said what people can build, it's bad to do it for one structure but it's ok to do 36 it for two or three structures. JS asked that the member of the BOS should be requested 37 to come in front of the PB to explain this. 38 39 Chair will postpone this until the next meeting. 40 41 42 10. Article 44: Amend Zoning Map - 2302 Turnpike Street, Assessors Map 108A, Lot 43 9 from Residential (R-2) to Business 2 (B-2). (Petition of John Smolak) 44 No vote was taken. 45 Atty. Smolak stated he represents Mr. And Mrs. Murphy owners of the property located 46 at 2302 Turnpike St. There are 2 parcels of land that comprise 3 1/2 acres collectively on Page 6 April 29, 2008 Minutes of the Meeting I � DRAFT 516108 Jen's edits. 1 the corner. There is a Town of North Andover sign located at the corner of Sharpener's 2 Pond Road and Turnpike Street so it's right on the gateway and thought this is a great use 3 for this particular area. As a point of clarification Mr. Waters, abutter, was not 4 representing the neighborhood, clarified this issue for the record. Submitted to Lincoln a 5 proposed restriction of the noxious uses, auto service station, and taxi depot uses which 6 are being reviewed by Town Counsel. 7 8 Lincoln stated Town Counsel sent his comments back, excluded uses were automobile 9 service station, and taxi depot. 10 11 JS questioned the time period of limitation (30 year term) the others ran longer than that, 12 it would be nice to see what kind of a structure the applicant is proposing. He would be 13 devastated if we rezoned it and saw a Dunkin Donuts,however, a restaurant use would be 14 fine, or a deli,but this almost ties into a drive-thru for restaurant. 15 16 Atty. Smolak is ok w/eliminating a drive-thru relative to a fast food restaurant,but will 17 discuss this further with his client. 18 19 RR feels a compelling reason this property should be rezoned because it is beneficial for 20 the residents in this area. 21 22 Lincoln stated we're creating a more intense use for this piece of property (gateway for 23 the Southern corner of Town) and Lincoln would be devastated to see a fast food 24 restaurant at the gateway to Town. 25 26 TS asked if any allowed uses could run the risk of damaging neighbor's well water? 27 28 Lincoln stated this will go thru Site Plan Review and part of that process is the 29 drain/storm water management and if the PB finds it's best to incorporate additional best 30 management practices in the overall design it can be done then. 31 32 AA stated there was an agreement to extend water? TS stated Mr. Waters says in his 33 letter that Town services are available on Turnpike St. 34 35 Chair is looking for some additions to the covenant, which are included in the PB 36 packets. See document Paragraph 3 & 5 document should be accepted by the BOS and 37 recorded at the Registry of Deeds etc. Chair edited to restrict fast food drive thru 38 restaurant s. 39 40 Put this off until the next meeting and get a final version of something that the PB 41 can stand behind. Chair stated the PB should be ready to make a recommendation 42 at the next meeting. 43 44 45 Page 7 April 29, 2008 Minutes of the Meeting DRAFT 516108 Jen's edits. 1 11. Article 45: Amend Zoning Map ---- 4 Parcels: 396 — 398 Andover Street, 404 2 Andover Street, 424 Andover Street and 426 Andover Street from Residential 4-R4 to 3 Business 1 (B-1). (Petition of Peter Lafond) 4 No vote was taken. 5 Lincoln stated applicant wishes to create one commercial office building on the four 6 properties. Abutters have concerns about the design, impact on traffic, schools, and 7 properties. Lincoln did an overview presentation so audience can understand where the 8 properties are located. 9 10 Atty. Scalise summarized his applicant's article. Lafond family own an insurance agency 11 on upper parcel, middle two parcels are owned by Mr. Carroll,he wants to take out those 12 structures and build a new structure. The Messervie family owns the remaining parcel. 13 B-1 appeared to be the best district for what Mr. Carroll wanted to propose. Whatever 14 goes in there would be reviewed by the PB. 15 16 TS stated B-1 would allow more continuity in this strip of parcels. 17 18 JS stated there are no properties on the side of 125 (the Lafond property) zoned for B-1. 19 Everything from that area past the apartment complexes are zoned for residential. 20 Everything from the Lafond property to Richdale's is zoned for residential. When ever 21 the PB has been asked to do a rezoning between a residential and a commercial and to 22 place a structure on the middle two parcels, they were presented fairly well conceived 23 laid out plans, where what you see is what you get. You have not given the PB any of 24 that sort of thing in this case. If the middle two parcels are going to be developed you 25 have created non-conforming lots on the outer perimeter, these lots would be illegal 26 under zoning. The correct thing to do is to take the adaptive reuse and create an overlay 27 to overlay it onto existing parcels. The height restriction is 35 feet. 28 29 Atty. Scalise stated his applicant submitted a conceptual of what would be put on the lot, 30 the applicant is probably not going to put the conceptual on the lot he's probably going to 31 put something smaller 32 33 Chair asked is the paper street existing or abandoned? Atty. Scalise stated you 34 cannot drive across it, it shows up on plans but not on the field. Atty. Scalise 35 believes the Town has the right to it,issue of with most paper streets abutters own to 36 the center. 37 38 Tom Carroll, owner of Remax company,he discussed the adaptive re-use bylaw at one 39 point but he didn't qualify for it because he was across the street. He fit his request into 40 B-1 because it was better for the neighbors. Mr. Carroll made a long presentation. 41 42 JS asked if any of the neighbors support this proposal because he's aware that there 43 is not a lot of support from the neighbors. 44 Page 8 April 29, 2008 Minutes of the Meeting ` DRAFT 516108 Jen's edits. 1 He wants to clean up the wooded mess that's on the paper street. Wants to put Remax 2 office on first floor with a bank, 4400 feet on the first floor, and 4400 feet on the second 3 floor which contains 4 apartments. 4 5 Chair asked if there are any covenants running with this rezone and cautioned Mr. Carroll 6 to be careful about the parking requirements, be sure of what you want to put in this area. 7 and what's allowed under the zoning. 8 9 JK envisions the houses located behind the proposed property just looking up at a two story 10 building, even though a house can go in there it's obviously different to see a 8K s.f two- 11 story-building. 12 13 RR is not in favor of this proposal, if there were compelling reasons why this project was 14 good for the area around it he would be sympathetic to being in favor of it, however, he 15 doesn't see any compelling reason why we should change it from residential to business 16 when we're just doing it because a property owner just wants it changed and for no other 17 reason, and it doesn't benefit the neighborhood. 18 19 TS stated the traffic in this area is horrendous and he walked the paper street, which is 20 very tight back there. 21 22 AA is leary of what happens after this project goes in, encroaching on a residential area? 23 Maybe there are other ways to address bringing in a mix of commercial (overlay). The 24 scale is a bit large but doesn't see it as an awful thing. 25 26 JS stated you could build that building in the middle, once you tear down the other two 27 buildings you could put additions, what appeared to be a buffer is no longer a buffer. 28 Once you start to put commercial in this side of the street it then creates a lot of creep. 29 30 Chair stated consensus of the Board is adaptive reuse possibly but something as evasive 31 as B-1 zone probably isn't going to fly,but you can still go to Town Meeting. 32 33 Jim Lafond stated the building is owned by his Mother in a family trust and owned by 34 both of his parents. He's run the business since 1985, there was an owner occupancy 35 25%use, 3 employees, 3 or 9 s.f of signage size. Since then he's outgrown usage and is 36 technically a non-conforming use (not 25K s.f. }, he wants to keep the business there etc. 37 38 The Board wrapped it up by reiterating their suggestion for adaptive reuse as a better way 39 to go etc. 40 41 JS recommended that the PB take unfavorable action on this article, Chair asked the PB 42 in order not to prejudice this gentlemen's application at another time, could we consider 43 taking no action or making no recommendation at Town Meeting? JS stated if the 44 application would agree to withdraw it? 45 46 Applicant and Attorney stepped outside for discussion. Page 9 Apel 29, 2008 Minutes of the Meeting DRAFT 516108 Jen's edits. 1 2 Maurice Lynch, 24 Highland Terrace, the neighbors came to the last meeting and were 3 opposed to the fact that if a business goes in there, especially the people on Rock Road, 4 that there would be dumpsters in the back of these buildings, trash truck picking these 5 dumpsters up early in the morning, concerns about the traffic because if anybody is there 6 4;30 and 6:30 cars come around that out off, there is a yield sign but nobody yields. 7 8 Chair stated somebody could come in and tear down those properties and conceivable put 9 up larger homes (two family homes) in that area you could have a lot more traffic 10 anyway. 11 12 Mr. Carroll stated he would like to withdraw the article and work out something 13 with the neighbors in the future. 14 15 JS stated the motion includes that the BP support the request to withdraw the article but 16 we do recommend unfavorable action on the language that the article is written, but we 17 support withdrawing this article for further study. 18 19 Chair asked if they withdraw this article at Town Meeting, can we say that we'll give our 20 recommendation at Town Meeting? PB agreed to this, wait until right before Town 21 Meeting. The PB agreed to give their recommendation at Town Meeting. 22 23 24 DISCUSSION: 25 Atty. Scalise stated the bylaw does not allow family-suite in the R-4 district. The 26 language in the article doesn't match the language in R-1, R-2 and R-3 zoning districts. 27 He sited Zoning District 1, 2 & 3 talks about the dwelling units not occupied by etc...... 28 29 Atty. Scalise questioned is it the intent in R-4 to include cousins in the first degree? 30 31 Lincoln stated this article was sponsored/drafted by the ZBA. Lincoln thought he 32 changed the language in the article to match R-1, R-2, R-3. 33 34 Chair asked Lincoln to take a look at this article check if it's expanding to nieces and 35 cousins in the first degree? If the PB needs to then maybe they can make a 36 recommendation at Town Meeting. 37 38 APPROVE MINUTES OF THE MEETING(S): 39 April 1, 2008 40 April 15, 2008 41 42 Lincoln suggested postponing the voting of the Minutes until the next meeting. PB agreed 43 to do so. 44 45 46 NOMINATION OF NEW OFFICERS: Page 10 April 29, 2008 Minutes of the Meeting I r DRAFT 5/6/08 Jen's edits. 1 2 Motion by RN to appoint John Simons as Chairman of the PB for the next upcoming 3 term, 2-d by AA vote was unanimous. 4 5 Motion by JS to appoint AA as the Vice Chairman,2n1 by RR, vote was unanimous. j 6 7 Motion by AA to appoint JK as Clerk, 2,d by RR, vote was unanimous. 8 9 DISCUSSION: 10 JS will meet w/Town Manager and Moderator on Thursday and the items being presented 11 are the CCRC by Lucent, are there any other ones? Lincoln stated the CDD3, and maybe 12 the parking regulations do a 4 or 5-minute presentation for each. 13 14 15 Motion by RR to adjourn, 2"a by JK, vote was unanimous, 16 17 18 PLANNING BOARD MEETINGS: 19 20 May 6, 2008 —Regularly Schedule Planning Board Meeting 21 May 13, 2008 —Annual Town Meeting 22 May 20, 2008 —Regularly Schedule Planning Board Meeting 23 24 25 26 27 28 29 By order of the Planning Board 30 31 32 Approved 33 Page 11 April 29, 2008 Minutes of the Meeting 11