HomeMy WebLinkAbout2008-06-03 Planning Board Minutes Nor�rr�
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 June 3, 2008
8 Minutes of the Meeting
9 Town Hall, 120 Main Street
10 Top floor meeting room.
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,regular member
18
19 Staff present: Curt Bellavance, Director
20 Mary 1ppolito, Recording Secretary
21
22 Chairman Simons introduced the panel to the assembly and called the meeting to order at
23 approximately 7:10PM.
24
'5 Chair asked if anyone was present for the 880 Great Pond Road Watershed SP decision tonight.
26 No one was present.
27
28 Mary spoke on the certified mailing of legal notices to abutters. A notice was posted on the
29 Planning Department's web page and also sent to the Town Clerk's office to post on the bulletin
30 board. We are hoping to incorporate the certified mailing information into our Planning
31 Department applications that are to be placed on our web page.
32
33 POSTPONEMENT(S):
34 none
35
36 CHAIR CALLED FOR CONTINUED HEARING(S):
37
38 1., The DF Parker Company,LLC, 500 Sutton Street, Map 74, Lot 1-B. Site Plan
39 Review Special Permit to permit the construction of a 20,540 s.f. two floor masonry and steel pet
40 care facility and a Watershed Special Permit for the construction of a detention basin in the Non-
41 Discharge buffer zone. Applicant submitted revised site plan and narrative. Atty. Mann to
42 represent applicant.
43
44 Atty, Jill Mann presented and stated that this project is on edge of the Watershed protection
45 district. Applicants submitted requests for 2 Watershed Special permits and one Site Plan
46 Review SP. Atty. Mann received comments from VHB and she has not responded to VHB
Planning Board Meeting
Minutes of the Meeting
June 3,2008
Page 1
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1 comments. Reduced the footprint (by?) 1,500 s.f Landscaping was changed because of Sutton
2 St. running along on one side of this project. Mr. Goldberg, Architect, redesigned the front
3 entrance and the front of the building. Moved dumpster to take it out of plain site. Reduced
4 impervious area. Added landscaping around D-basin, with flowers and low plants, added
5 plantings to side of building. Eliminated the cement walk and it's all grass. Submitted copy of
6 signage with dimensional requirements and full color logo and wording (for the record).
7
8 Karl Dubay, MHF Design Consultant, Inc. stated that Mr. Napoli, abutter, is concerned about
9 flow of water. Mr. Dubay reviewed storm water and directed water away from Mr. Napoli's
10 area. Redesigned grading also. This project has no impact on Town services. Lawn area is pre-
11 designed for future parking. Water seeps off site and flowed over Clark St. The water will flow
12 underground on Clark St, now that it's been redirected. Applicant could expand pavement and
13 share access drives. Landscaping will have trees planted. See watershed summary plan, there is
14 less pervious area in the non-discharge area, Epsilon verified the wetland area. The drainage
15 flows toward the lake. He is only doing grading of swales. Field turf system will be provided;
16 excrement gets scooped up and put in dumpster.
17
18 JS wants the Board of Health to take a look at this.
19
20 AA asked what is FES3? Mr. Dubay stated it's flared end section pipe for water to run into. AA
21 asked there is a polygon? Mr. Dubay stated it's a leased area with certain boundaries and
22 restrictions for this user. Airport wanted to reserve the triangular area at the intersection in case
23 they wanted to do improvements.
24
25 Applicant will get a 45-year lease. There are different structures at airport property and Planning
26 Department is trying to use the setbacks properly.
27
28 JS stated we should follow the subdivision rules and regulations in order to keep ourselves out of
29 trouble. You are doing something outside of your leased area. Atty. Scalise is working with
30 airport commission to make sure easements, and agreements are ok. JS stated make sure all
31 easement issues are taken care of when writing the decision.
32
33 JK asked where is the lighting? Mr. Dubay stated see details sheet#10; 1, 2, 3, for the lighting
34 information. Airport entrance is a very dark area, Mr. Dubay wants to use symmetrical lighting.
35 Number of employees 10.
36
37 Architectural design submitted by B Goba &Associates, is a steel frame building, concrete deck
38 on second floor. Building contains 4 different colors to make it look different from anything at
39 the airport.
40
41 RR wants to have a clump of trees placed in the area where it is totally open now? Atty. Mann
42 agreed to this request. Chain link fence is black vinyl coated.
43
44 PB needs comments from VHB. Put them on July 1, 2008 PB agenda. AA wants to know where
45 trash will go? Dumpster has been moved a couple of times see revised site plan. Wooden
46 stockade type fence proposed.
Planning Board Meeting
Minutes of the Meeting
June 3,2008
Page 2
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1
2 CHAIR CALLED FOR CONTINUED HEARING:
3
4 2, T. Mobile,Wireless Communications, 451 Andover Street, Map 24,Lot 28. Special
5 Permit to allow the replacement of existing three antennas with three antennas of a similar sized
6 model,mounted in same locations, and the construction of one additional radio cabinet adjacent
7 to existing radio cabinet on the rooftop within the General Business zoning district. Received
8 VHB review on 5120108, received applicants review on 5/20/08 &received follow-up review
9 from VHB on 6/2/08.
10
11 Ed Onessimo,representative for T. Mobile, stated he would ask for a modification because
12 changing technologies require T. Mobile to transition to technologies. Same RF. Engineer
13 followed FCC guidelines. T. Mobile is at 1 mill-watt per centimeter. Noise factor is done
14 because this is an outdoor site; this is like a stereo without speakers. Applicant initially came to
15 the ZBA before the bylaw. So the PB has never seen this one before. VHB submitted comments
16 on June 2 and Mr. Onessimo submitted comments dated June 3.
17
18 June Corey, 20 Foss Rd., drives by 451 Andover St. every day and uses the bank at same
19 address, accountant, dentist, she is exposed to RF all the time. What term level are the RF safe,
20 if short-term level how long is short term? Would you consider them adding another cabinet or
21 making changes to RF, if you used this area yourself Ms Corey wants PB to survey the
22 neighborhood.
23
24 JS stated the PB's jurisdiction is limited to looking at our Bylaw and PB is not allowed to look at
'5 health facts, that's a Federal jurisdiction. Perhaps call Senator Tierney if you have a problem
26 with this.
27
28 Ed Onessimo stated there is an area around them where professionals know you do not want to
29 stand in front of an antenna at 10 feet. This site has been here for 10 years, and emitting this for
30 10 years. This is the frequency that went up to channel 13, our houses were bombarded with this
31 kind of frequency back then.
32
33 See punch list to follow up. JS wants Mr. Onessimo to submit how much the radio frequency
34 actually is. Mr. Onessimo will give Mary the punch list information. Continue this until June
35 17th PB meeting.
36
37
38 CHAIR CALLED FOR CONTINUED HEARING:
39
40 3 Bell Atlantic Mobile of Mass Corp. d/b/a Verizon Wireless, 401 Andover Street,
41 Map 20, Parcel 33. Renewal of a Special Permit to operate an existing building mounted
42 wireless service facility consisting of three arrays of four panel antennas (twelve total antennas)
43 located behind the parapet of the existing building, an equipment room in the attic space,and an
44 emergency generator on the rooftop behind the parapet within the General Business zoning district. VHB
45 review was not required. Atty. Twardowski representing applicant.Drafted decision submitted.
Planning Board Meeting
Minutes of the Meeting
June 3,2008
Page 3
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1 Atty. Twardowski stated he has requested to renew a SP he's not adding any equipment or
,2 antennas, only seeking renewal of SP which is ready to expire.
3
4 JS wants Atty. Twardowski to speak to the RF levels. See report (Tab F in application for
5 measurements taken) from Donald Hayes, Radiation Safety Specialist,he concludes that
6 maximum emission is less than 1110 of one percent.
7
8 AA asked why he didn't address VHB question? Atty. Twardowski stated in the original
9 application this issue was already addressed.
10
11 TS stated there are some things noted by Lincoln that are only partially addressed.
12
13 Ms. Carey, 20 Foss Road, in opposition to this application, what can she do, either sell her home
14 or move out? RF radiation does affect people when they start doing testing; she said this
15 happened a few feet away from her house? She asked who sees the RF reports?
16 Is it Public Health,where do reports go? She wants reports. Who should she go to in the Town
17 of North Andover? She lives off of Rock Rd. and faces 401 Andover Street and sees the
18 compressor on building.
19
20 Ms. Carey can look at the files at the Planning Department. FCC sets the requirements and talk
21 to them about it. Talk to people in the legislature. PB is not allowed to regulate frequency
22 levels. PB has limited overview of this.
23
24 Ms. Carey stated we have a neighboring Town that doesn't allow cell towers there,
5
26 Motion to close the public hearing by AA, 2,d RR, vote was unanimous.
27
28 Edits: JS in finding of fact say the application is in compliance with all FCC and other regulatory
29 requirements see##6.
30
31 RR #3 page 4, 3D, and P 4, take it out of decision.
32
33 JS asked is the Town holding a bond on this one? Atty. Twardowski stated he didn't know.
34
35 Atty. Twardowski stated he waived the escrow money to cover annual maintenance facility
36
37 See the following edits;
38 JS stated given that there is no escrow the Town can place a lien.
39 See page 3, c.
40 Strike 1 C page 3.
41 Strike 2 in its entirety.
42 Strike 3 d.
43 Strike 4 A on page 4.
44
45 Motion by RR to approve a renewal of a SP for 401 Andover St. as amended this evening, 2nd
46 by AA, vote was unanimous.
Planning Buaid Meeting
Minutes of the Meeting
June 3,2008
Page 4
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1
2
3
4 CHAIR CALLED FOR CONTINUED HEARING:
5
6 4. Sunit Mukherjee,M.D. —213-215 Sutton Street—Map 39, Parcel 15- Site Plan
7 Review Special Permit to convert existing structure to business office use and to construct
8 proposed driveway &parking area within I-S zoning district. Atty. Scalise representing
9 applicant. Gene Willis submitted drainage review. Revised site plan w/PE stamp was submitted
10 including elevations and landscaping.
11
12 Atty. Scalise stated the Dr. Makherjee purchased a residential structure and converted it into a
13 medical office approximately a few years ago. Now Dr. Makherjee purchased the abutting
14 residential structure and is in the process of converting it into a medical office as well. He is not
15 changing the footprint of the structure.
16
17 Atty. Scalise submitted before and after pictures—and explained them to the PB. Buildings sit
18 side by side. This area is all commercial see pictures submitted. New revised plan shows a
19 better parking scheme. By moving parking around applicant can widen the driveway. PB
20 wanted to see one common driveway. These buildings have been rehabbed to commercial.
21 Atty. Scalise showed the original pictures, showing almost two identical residential dwellings.
22
23 Lincoln submitted a review of the project. Dr. Mukherjee stated that he was not aware of any
24 issues.
5
26 Mary presented a letter from Gene Willis, Town Engineer and Fire Dept. comments.
27
28 Scott Giles was present and stated there is pervious pavement, which will take care of both
29 sides of the project. What is commonwealth review? Atty. Scalise can request a waiver of the
30 commonwealth review.
31
32 JS doesn't think the landscaping plan is clear.
33
34 Waive the fiscal impact. Dr. Mukherjee to request the waivers where they are to be waived.
35
36 RR reviewed the application check sheet.
37
38 Dr Mukherjee stated Lincoln admitted the documents were submitted. Dr. Mukherjee asked
39 what does he have to do in order for this project to go thru? He said if you need to get anything
40 done, if they give you a list to follow to a T, something about this is not right.
41
42 TS stated PB relied on Lincoln heavily. PB feels what Dr. Mukherjcc has done is a good
43 proj ect.
44
45 TS read Lincoln's review regarding what was not addressed. However, these matters were
46 addressed because Gene Willis did submit his review in time for tonight's meeting.
Planning Board Meeting
Minutes of the Meeting
June 3,2008
Page 5
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1
2 Consider another space for a refuse area. Atty. Scalise stated there is a dumpster on site and
:3 it's big enough to accommodate both buildings, and have only one pick up.
4
5 Review talks about parking and walk ways. See item 9? Consider egress information. By
6 changing parking on the plan they have opened up driveway by 10 feet. TS can make an
7 exception for this.
8
9 RR would accept the landscape plan as it is tonight.
10
11 AA stated they reconfigured parking and driveway.
12
13 JS stated his impression is there is no drainage issue.
14
15 JK asked what is the Community Review all about?
16
17 Motion to close public hearing by RR, 2nd by JS, vote was unanimous (PB instructed staff to
18 draft a decision) Curt will draft decision.
19
20
21 PUBLIC HEARING:
22 5. G.M.Z. Realty Trust,— 1679 Osgood Street, Map 61, Parcels 16 & 34. Preliminary
23 Subdivision &PRD to construct 7 single-family lots within the R-2 zoning district. VHB
24 review was submitted.
.+.5
26 Joseph Coronati, Jones & Beach Engineers, stated there are two properties as part of the
27 application, one is on Bradford St. owned by Nellie Saracusa, the majority of the property is
28 owned by GMZ Realty Trust. See the two family homes located on the front of the plan.
29 Zone line runs thru 1679 Osgood St. and back land is residential. 3 wetlands are located on
30 the property. Submitted a yield plan and laid out a conventional subdivision on this plan,he
31 has 6 lots w/one cul-de-sac coming off Bradford St. There are 4 existing dwelling units on the
32 7th lot w/frontage on Osgood St,
33
34 JS thanked Mr. Coronati for the process but it ends up in a discussion. JS said you can't take
35 stuff from a completely separate piece and try to add it to a PRD. You need to lot each one
36 out where you show 4 houses. JS stated he thought Mr. Coronati had a problem,however, he
37 could get 7. Work w/the land in front you can go 100 feet the other way and make it
38 residential. You may not have frontage. Lot 4 on the conventional could be 2 lots and you
39 can have a common driveway,but you still don't have frontage. JS stated he has a density
40 problem. Size is not a problem, but you have a problem w/frontage, and wetland on site.
41 1f you forget everything in dark green, and just flake if off the paper all together, you have
42 demonstrated you can put in 6 houses on smaller lots. Contours are 2 feet. JS thinks engineer
43 did a good idea w/a PRD. Mr. Coronati would have to get a SP if he took the 100 feet of
44 buffer along 125.
45
Planning Board Meeting
Minutes of the Meeting
June 3,2008
Page 6
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1 JS stated if you moved back a little further you might be able to get some more frontage. 1/2
2 acre size lots on PRD.
3
4 AA stated w/PRD you get more roadway w/greater impact on wetland so are we getting what
5 a PRD is meant to do.
6
7 PB should make a site walk.
8
9 Applicant would sell to developers to build out, so house styles would lend themselves to a
10 variety of homes. He submitted test pit logs by BOH. Site is wooded, one wetland comes thru
11 middle of PRD area, and bordering vegetative wetland comes in front left side of PRD. Town
12 Engineer wants to run a dry sewer line from Bradford to Osgood. Let him know if a sidewalk
13 is necessary. He proved 46 % of open space under PRD. Under yield plan for just one drive
14 way there is a 200-foot wetland impact.
15
16 RR stated branch off of cul-de-sac create a road and build to driveway standards you could do
17 something much smaller.
18
19 AA stated maybe the conventional plan is better.
20
21 PB suggested Mr. Coronati visit the Leland property, directions to get there go to Great Pond
22 Road from Old Center,just before you get to where you take sharp left where Marbleridge
23 comes in it's on the right.
�4
5 RR stated build a conventional roadway and lay it out on paper so that it fits and build the road
26 to a different standard.
27
28 JS asked what is size of lots on Bradford St.? Mr. Coronati stated about one acre.
29
30 Mark Johnson asked is there any other concerns?
31
32 Board should maybe do a weekday evening site visit. Site visit next Tuesday 6:30 pm. Meet
33 on#23 Bradford St. - June 10th
34
35 Yield plan needs work. Applicant doesn't have 150 feet of frontage in a few places.
36
37 RR wants Mr. Coronati to place stakes so PB gets a perspective.
38
39 JK read a letter from Susan Sawyer dated May 12th 2008. Letter for the record.
40
41 Chris Adams, 1591 Osgood, is direct abutter to the back property. He would like to tie in with
42 this project. Mr. Adams called Joe and Ken the developer and took initial step to do
43 environmental study for wetlands. He wants access thru a cul de sac. Continued until June
44 17t''.
45
46
Planning Board Meeting
Minutes of the Meeting
June 3,2008
Page 7
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1
2 CHAIR CALLED FOR CONTINUED HEARING:
3
4 6. Forgetta Development, LLC— 1210 Osgood St. Map 34, Parcel 49—Endicott Plaza,
5 Preliminary Subdivision— 13.8 acres within B-2 zoning district. VHB review has not been
6 submitted. Applicant will submit waiver of time constraints to be continued until the June
7 17, 2008 PB meeting.
8
9 Paul Marchionda stated he wants to freeze zoning. Applicant is trying to get several uses for
10 this property; it will be some commercial type development. This has a gentle slope from
11 front to back. Bill Barrett is the owner of this property and he's still trying to find tenants.
12 Permits have expired. Engineer sent plan to VHB. Still haven't received VHB review yet.
13 Continued until June 17th PB meeting. Applicant submitted a waiver of time constraints.
14
15
16 DRAFTED DECISION (S):
17
18 Mr. Ercolini—880 Great Pond Road, Map 102,Lot 111 —Watershed Special Permit to
19 raze existing dwelling and construct a single-family dwelling, driveway, &roof runoff
20 infiltration system within the Non-Disturbance district within the R-1 zoning district.
21 Meeting was closed and PB voted to approve a Watershed Special Permit--- see attached
22 decision w/VHB letter attached.
23 PB edited decision.
24
5 Motion by RR to approve a Watershed SP for 880 Great Pond Road as amended this evening,
26 2nd by AA, vote was unanimous.
27
28
29
30 PLANNING BOARD MEETINGS:
31
32 ➢ June 17, 2008
33 ➢ July 1, 2008
34
35
36
37 Motion to adjourn by RR, 2nd by TS, meeting adjourned at approximately 10;35 pm.
38
39
40 By order of the Planning Board
41
42
43 Approved
Planning Board Meeting
Minutes of the Meeting
June 3,2008
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