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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 May 6,2005
8 Minutes of the Meeting
9 Changed location of the Meeting it's @ Senior Center located behind Town Hall,
10 120R Main Street
11 7:00 PM
12
13 Members present: John Simons, Chairman
14 Alberto Angles, Vice Chairman
15 Jennifer Kusek, Clerk
16 Richard Rowen,regular member
17 Timothy Seibert, alternate member
18 Richard Nardella (joined the meeting later in the evening).
19
20 Staff present: Lincoln Daley, Town Planner
21 Mary Ippolito, Recording Secretary
22
23
24 Chairman Simons introduced the panel to the assembly and called the meeting to order at
5 approximately 7:15 pm.
26
27 CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENT(S):
28
29 The DF Parker Company,LLC, 500 Sutton Street, Mau 74, Lot 1-B. Site Plan Review
30 Special Permit to permit the construction of a 20,540 s.f. two floor masonry and steel pet care
31 facility and a Watershed Special Permit for the construction of a detention basin in the Non-
32 Discharge buffer zone waiver for June 3, 2008within the I-2 zoning district. . Applicant
33 submitted waiver for June 3, 2008
34
35 T. Mobile,Wireless Communications, 451 Andover Street, Map 24,Lot 28. Special Permit
36 to allow the replacement of existing three antennas with three antennas of a similar sized model,
37 mounted in same locations, and the construction of one additional radio cabinet adjacent to
38 existing radio cabinet on the rooftop within the General Business zoning district. Applicant
39 submitted a waiver until May 20, 2008.
40
41
42 CHAIR CALLED FOR THE FOLLOWING DISCUSSION:
43
44 1. Arthur Kotsironis Arthur's Pizzeria 1060 Osgood Street. Discussion involving the
45 construction of a drive-through to the existing building and reconfiguration of parking site-
46 design.
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Planning Board Meeting
Minutes of the Meeting
May 6,2008
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1 Lincoln stated this proposal was presented a couple of years ago, and was denied. However, Fire
;2 Chief Martencau has submitted a letter stating he doesn't have a problem with the granting of a
3 drive-thru.
4
5 Arthur Kotsironis, was present and stated that he moved the parking spaces on a 10-degree angel,
6 installed sprinkler where window is going to be,buzzer to indicate fire, signs indicating right of
7 way or how high etc. Applicant stated he attended a TRC meeting and no one had any issues
8 with this request.
9
10 AA stated that when Mr. Kotsironis submits a formal Site Plan application highlight where these
11 changes are located.
12
13 RR stated check the distance across and that it's still 9 feet when he creates the angel parking
14 spaces.
15
16 AA asked what is width &how wide is drive-thru? It's 18 feet from wall to the lane.
17
18
19 CHAIR CALLED FOR CONTINUED HEARING(S)-
20
21 2. 880 Great Pond Road - MaD 103 Lot 111. Watershed Special Permit to raze existing
22 dwelling and construct a single-family dwelling, driveway, & roof runoff infiltration system
23 within the Non-Disturbance district within the R-I zoning district. ZBA modification for
24 Variance was granted. Decision drafted.
,i5
26 Lincoln presented a letter from VHB w/comments. VHB has addressed all comments and
27 concerns and Lincoln drafted a decision.
28
29 Lincoln forwarded comments from Chairman Simon's to VHB. Chair would like to see a
30 stronger statement that the post-development impact is less than the pre-development and that
31 construction process meets best practices. Chair stated VHB's note should have more stringent
32 language in it,just said they followed the Bylaw and that there is no significant degradation.
33 Chair wants fertilizers restricted before and post construction.
34
35 Pat Bower, Engineer, stated that Con/Com has wording regarding using slow release of
36 fertilizers on this project. Chair wants Mr. Bower to add this fertilizer issue in his letter.
37
38 AA stated PB includes verbiage in our conditions in our decisions and it's in there now.
39 However, Chair is asking for more stringent verbiage to be added to PB conditions. Applicant
40 letter is ok, it's VHB's letter that is vague. AA stated if we were to ask VHB if there are further
41 recommendations he's sure VHB would provide them to us.
42
43 RR stated VHB should be able to state this is less intrusion than the current conditions and
44 should be able to say this is an improvement.
P
45
46 Chair wants more from VHB than they gave us.
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May 6,2008
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2 Mr. Bower stated that Mr. Ercolini wants to interview people to get this project started; he may
3 have to ask for an extension for the variance.
4
5 RR stated that VHB should come up with the wording "there's an improvement". Ask VHB to
6 agree or disagree wlPat Bower's letter.
7
8 Chair wants VHB to use language"they have used best practices".
9
10 RR stated VHB is conservative; they are reluctant to say that we won't have a problem.
11
12 JK stated she would like to see VHB say something stronger than this last letter. If there is an
13 issue why they can't then what is the issue?
14
15 Chair stated PB might have to reopen this application if VHB doesn't give us the letter. Increase
16 the bond by a few thousand dollars.
17 Motion to close public hearing by RR, 2nd by AA, unanimous vote.
18
19 See edits: Change the date of VHB letter see findings of fact section in decision. Chair read his
20 letter. Edits to decision....3C prior to the issuance of a building permit, get everything set before
21 the building permit is issued. RR in finding of fact see A....put that as the first sentence under 1.
22 The PB bases the findings of the fact. JK asked if hours of construction are included in decision?
23 Lincoln stated no that's more for commercial projects. Applicant filed a detailed construction
`'4 plan. Chair wants Lincoln to put this into the conditions of the decision. Put in updated letters
25 too. Bond amount $6K.
26 Motion by RR to approve Watershed Special Permit for 880 Great Pond Road as amended
27 this evening,2nd by AA, vote was unanimous 5-0. Chair requested Lincoln to send the PB a
28 copy of the final letter from VHB.
29
30
31
32 3. RCG., 21 High Street, Map 0690 & 068.0 Lot 001 & 0010. Site Plan Review Special Permit &
33 Definitive Plan approval for PDD Special Permit for Phase 2, which shall include renovation,
34 conversion of approximately 65,000 s.f. of existing vacant space and total of fifty residential,
35 loft style, one & two bedroom residential units located within the second and fourth floor of
36 Bldg. #3A and fourth and fifth floors of Bldg. #1 the conversion of other space within the
37 existing building to commercial uses along with parking and other improvements on the
38 premises within the I-S zoning district.
39 Atty. Smolak was present, stated we're in the final stages, VHB issued their final review and said
40 drainage issue has been satisfied. Our Engineer and their Engineer resolved the final issues of
41 this project.
42
43 Lincoln submitted a letter to the PB tonight. On Water St. there are notes indicating they will
44 use the existing landscaping in that area, is it part of phase 1 or phase 2?
45
46 Atty. Smolak stated phase 1 covered landscaping of this phase.
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Minutes of the Meeting
May 6,2008
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2 Lincoln stated proposed 4 foot wide landscaping buffer needs to be clarified. Atty. Smolak stated this is a
3 4-phase project to be approved from phase to phase.
4
5 Lincoln stated he wants more clarification on landscaping. Atty. Smolak stated the landscaping
6 plan for phase 1 that was submitted was approved.
7
8 David Steinberg stated he treated the approved landscaping in Phase 1 as approved for in phase
9 2.
10
11 Lincoln wants to know what lighting is detailed?
12
13 Chair stated he wants Lincoln to submit this punch list to Mr. Steinberg. Lincoln recommends
14 the PB close the public hearing tonight.
15
16 AA asked is there procedural processes to take place regarding phase 1 approval? Lincoln stated
17 if modifications were presented they would be for the individual phase at that time.
18 Motion to close public hearing by AA,2nd by RR,vote unanimous. Draft a
19
20
21 CHAIR CALLED FOR TOWN MEETING WARRANT ARTICLES:
22
23 4. Article 16: Report of the Community Preservation Committee and Appropriation from
14the Community Preservation Fund. (Petition of the Community Preservation
:15 Committee).
26 Chair stated see page 33 of the Town Warrant and gave a brief overview:
27
28 Old Police Court Refurbishment—Property was located next to the Senior Center. They will
29 work on historical piece of work in Town Hall.
30
31 Stevens Estate Restoration (Windows (Phase 1I). Started program last year to redo the windows
32 at Stevens Estate, this will continue to replace with historically correct windows. Money is
33 already there in CPC and we're just appropriate it.
34
35 Former Greenery PropertyPropgrty sponsored by NOAH who purchased this property and filed a 40B
36 application. $10M to do the project, federal tax credits will fund the building of the Greenery as
37 well as CPC. Rental units are permanent affordable. Chair has information regarding financials.
38 42 units.
39
40 Reserve for Open Space is 10 percent of money taken in. Preserve historical and administrative
41 costs. AA stated this affordable housing is terrific, why didn't this pass at last year's Town
42 Meeting? Because the 40R project was coming up and people that would get us to 10 percent
43 limit. There was uncertainty related to the Police Station.
44 Motion by AA to recommend favorable action on Article 16, 2 by RR,vote was
45 unanimous.
46
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Minutes of the Meeting
May 6,2008
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2 5. Article 32: Amend Vote Article 42-1997 Annual Town Meeting Removal of Development
3 Restrictions on Map 62, Parcels 18, 9, 64, (Petition of Board of Selectmen) Article
4 continued from April 29, 2008.
5
6 Tyler Munroe apologized for not attending the prior meetings.
7
8 Chair pointed out to a tributary located on the plan and stated potentially applicant may have a
9 problem). Mr. Munroe stated the restriction is on the whole Town Farm. BOS said ok.
10 Con/Com wanted language to say restriction would only be lifted on the affected areas.
11
12 Tom Zahoruiko stated this contains 4 parcels and restrictions are across the entire parcels.
13
14 Chair remembers when Buddy Cyr did this. When PB petitions the legislature he would petition
15 from the meets and bounds, which represents 7 or 8 percent of the entire parcel.
16
17 RR wants to know where the tributary actually runs, the field is then within 100 feet of tributary?
18
19 Mr. Zahoruiko stated the rules and regulations need to be complied with that means a more
20 technical presentation needs to be submitted. Al Manzi, 11 is fine as long as language refers to
21 the parcels affected. RR asked take the restriction off where you are allowed to build.
22
23 Mr. Zahoruiko stated the article should be narrowed down to actual restrictions.
'.4
25 Work w/Town Counsel regarding wording. Who is writing language from (Mark Rees office),
26
27 PB stated the language has to be consistent w/State and in the Warrant Article. Get the language
28 in article.
29
30 AA asked if grading prohibited within 100 feet. Lincoln said you couldn't build within 50 feet.
31
32 Mr. Munroe should get information on that one piece that the Chair feels there is a problem
33 w/Con/Com. Chair thanked Mr. Munroe and Mr. Zahoruiko for their time and input.
34 PB stated they would vote at the meeting the night of Town Meeting.
35
36
37 6. Article 33: Amend North Andover General Bylaws, New Chapter, Chapter 160 Storm water
38 Management & Erosion Control Bylaw. (Petition of the North Andover Division of Public Works)
39 Article continued from April 29, 2008.This will be withdrawn at Town Meeting,
40 Postponed until Town meeting.
41
42
43
44 7. Article 43: Amend North Andover Zoning Bylaw--- Section 4.126 - Business 1 District and Section
45 4.127 Business 2 District. (Petition of the Board of Selectmen) Article continued from April 29,
46 2008.
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May 6,2008
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1 PB does not understand this article.Apparently this is to keep big boxes out. Chair will call BOS member
''2 to see if he wants to move forward or withdraw without prejudice.
3 PB stated to hold off until Tuesday.
4
5
6
7 8. Article 44: Amend Zonin2 Ma - 2302 Turnpike Street Assessors Map 108A, Lot 9 from
8 Residential (R-2) to Business 2 (B-2). (Petition of John Smolak) Article continued from April 29,
9 2008.
10 Atty. Smolak will present tonight. He needs to discuss w/Town Counsel regarding restricted covenant,
11 this is a private restriction, so why does Town Counsel need information why does this belong in front of
12 the selectmen?
13
14 AA stated he doesn't Iike putting restrictive covenants on zones.
15
16 JK stated within that type of framework she doesn't mind seeing a drive thru,or pharmacy, she's
17 concerned if they go forward and seeing a stand-alone pharmacy. The owners should sign this prior to the
18 Town Meeting.
19 Motion by RR to take favorable action on Article 44,pending the signed copy of covenants,2na by
20 TS,vote was unanimous.
21
22
23 Article 45 -Amend Zoning Map 4 parcels,396-398,404,424 and 426 Andover Street.
24 Attorney Dom Scalise submitted a letter requesting to withdraw without prejudice from consideration at
25 the Annual Town Meeting scheduled for May 13,2008.
,6 PB did not vote on this tonight.
27
28
29
30 DISCUSSION:
31 Lincoln to work on presentation on portion of CDD3 corridor.
32 Charlie Salisbury would like to be able to write these articles in 1/3 of the space that they
33 currently take.
34
35 RR should take a look at this, and not show every single parcel.
36
37 Lincoln to send the Warrant Articles to Richard Rowen & send him the maps too.
38
39
40 DISCUSSION:
41 RR stated they are getting ready to finish off the project located at the Old Center. Rotary should
42 be looked at the whole rotary should be off set more toward the common. When coming from the
43 Common heading toward the Fire Station vehicles head straight and don't make any stopping.
44
45 AA stated ]maybe by striping or some different surface they may make things better.
46
47 Please note: Rick arrived at 8:50 pm and stated he will attend the Planning Board meeting of
48 May 2011;
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Minutes of the Meeting
May 6,2008
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2
3 APPROVAL OF MEETING MINUTES:
4 April 1, 2008
5 April 15,2008
6
7 Motion by JK to approve the Minutes of the Meeting of April 1 and April 15, 2°by TS, motion approved
8 &vote was unanimous.
9
10
11
12 PLANNING BOARD MEETINGS:
13 ■ May 13,2008—Annual Town Meeting
14 ■ May 20,2008-- Regularly Schedule Planning Board Meeting
15 ■ June 3, 2008— Regularly Schedule Planning Board Meeting
16
17
18 Motion to adjourn by AA, 2nd by JK, adjourned at approx. 9:00 pm.
19
20
21
22 NOTE: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that
23 are not listed on the agenda.
24
75 By order of the Planning Board
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27
28 Approved
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Minutes of the Meeting
May 6,2008
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