HomeMy WebLinkAbout2008-07-15 Planning Board Minutes Jen's edits ok
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 July 15, 2008
8 Minutes of the Meeting
9 Town Hall, 120 Main Street
10 Top floor meeting room
11 7:00 PM
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13 Members present: John Simons, Chairman
14 Jennifer Kusek, Clerk
15 Richard Rowen,regular member
16 Timothy Seibert,regular member
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18 Member absent: Alberto Angles, Vice Chairman
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20 Staff present: Mary 1ppolito, Recording Secretary
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22 Chairman Simons called the meeting to order at approximately 7:10 PM.
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CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENT:
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26 DF Parker Company, LLC, 500 Sutton Street, Map 74, Lot 1-B. Site Plan Review Special
27 Permit to permit the construction of a 20,540 s.f two floor masonry and steel pet care facility
28 and a Watershed Special Permit for the construction of a detention basin in the Non-Discharge
29 buffer zone. Applicant's engineer needs time to respond to VHB's review. Applicant wishes to
30 be placed on August 19, 2008 PB agenda.
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32 Per e-mail from Atty. Mann who's applicant wants to continue until August 191" PB
33 meeting as she is still waiting for Architectural drawing.
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36 CHAIR CALLED FOR FOLLOWING DISCUSSION:
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38 1.
Joe Barbagallo, Lot 13B, 110 Duncan Drive and Lot 13C, 120 Duncan Drive — Common
39 Driveway Special Permit. Request for bond release for$5K— as built submitted by Engineer.
40 Both DPW engineers submitted written approval.
41 Motion by RR to release all bond money, 2,d by TS. Vote was unanimous.
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43 CHAIR CALLED FOR FOLLOWING DISCUSSION:
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45 2. North Andover Insurance Agency, 163 Main Street, Michael Foster and Steve
46 Sullivan, Map 30, Lot 10. Request for release and close out of bond $4K.
Planning Board
Agenda
July 15,2008
Page
Jen's edits ok
1 Both DPW engineers submitted written approval. RR asked why is there not an as built
2 submitted. Why not sign the previous as-built that was previously submitted. Get a letter from
3 applicants engineer stating everything has been done satisfactorily to the plan etc. Keep this on
4 the agenda for next meeting.
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6 Steve Sullivan stated he spoke to his engineer and was told he would be charged $3K just to do
7 so.
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9 RR stated if structure was approved and if you have a previous as-built then submit previous as-
10 built.
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12 Mary to check if there are two as-built plans in the PD file tomorrow.
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14 Motion by RR to review SP approval and find out if we have what was required then move to
15 release all bond money, 2nd by TS. Vote was unanimous.
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19 CHAIR CALLED FOR FOLLOWING DISCUSSION:
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21 3. Mesiti Development Corp. —Boston Hill site Plan SP, Turnpike Street,Map 107A, & 107C,
22 V-R zoning district. Request for Phase 1, modification to original SP and additional modifications to
23 Phase 1 for Boston Hill Site Plan Special Permit. Request for reduction in bond amount.
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5 Paul Marchionda was present and stated he now wants to build a CCRC instead of an over 55+
26 community development because he has a buyer for this project. The top of the hill containing vegetation
27 will not be touched at all. Open Space is already granted. See existing decision SP for Boston Hill (see
28 section where substantial use needs to be done)Mr.Marchionda wishes to exercise that SP by initiating
29 phase 1 now before it expires. The 2"d part of his request is to reduce the bonding amount he wants it
30 lowered, although no bond money has ever been filed with the Planning Department for this project.
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32 JS stated if the Board agrees to this request to make modifications to Phase 1 before the extension lapses
33 and the CCRC project fell thru, and the market doesn't come together for 3 or 4 more years; would it sit
34 there for that amount of years?
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36 Mr.Marchionda stated see decision regarding SP it's good for 2 years and he was granted a 1 year
37 extension until October 2008. He stated this project was just signed, so he has to do phase one now.
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39 JS questioned what if the market doesn't come back for a few years?
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41 Mr. Marchionda stated his client would have to go into phase 2 if that happens. Mr.Marchionda stated
42 any time applicant re-files he's opened up to appeals, issues with abutters,new application fees, etc. and
43 he wants to avoid that.
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45 TS asked if applicant wanted to do limited amount of work to preserve a SP?
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47 JS stated for the new CCRC project applicant will have to get a modification to a Site Plan Review SP to
48 do a CCRC.
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Planning Board
Agenda
July 15,2008
Page 2
Jen's edits ok
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2 TS stated even if everything goes wrong it doesn't sound as if the Town is in a bad place.
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4 RR stated he's not keen on extending permits; look at the language, when the SP was granted in phases
5 the intent of the decision is that the phases be done. RR stated he thinks that when applicant finishes
6 Phase 1 then he has two more years to finish phase 2. PB cannot grant any more extensions. But why
7 should applicant be forced to work on the hill when he can't finish it. Now it's probably in the best
8 interest of the Town to recommend this plan tonight.
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10 Chair stated it's a more rational choice in terms of the CCRC project and if any major questions arise the
11 PB would be glad to meet in advance to help the applicant.
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13 RR asked if anything has to be donated to Conservation? Mr.Marchionda stated he doesn't see an issue
14 because Con/Com will get a larger parcel that is more contiguous than what they would get now.
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16 Mr. Marchionda stated the project is supposed to be bonded for a total of$95K.
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18 Mr.Marchionda asked for a bond reduction. The bonding is required to be posted now. The discussion
19 regarding how much of the bond money would be reduced was not addressed tonight.
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22 CHAIR CALLED FOR FOLLOWING DISCUSSION:
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24 4. Board to discuss Merrimack Valley Planning Commission.
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16 RR was on the MVPC at one time. JS wants to know if the PB has any interest in it. After Judy starts she
:27 should take a look at the MVPC resources,PB is entitled to some of these resources, so PB should think
28 of how to use these resources. RR would like to start going much more paperless from the start. Go to
29 Merrimack Valley Planning Commission to find out how to become more paperless.
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32 CHAIR CALLED FOR FOLLOWING CONTINUED HEARING:
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34 4. Forgetta Development, LLC— 1210 Osgood Street,Map 34, Parcel 49—Endicott
35 Plaza Preliminary subdivision. 3.8 acres within B-2 zoning district. VHB review submitted
36 revised plans on 6/30/2008. Hearing is still open. Decision drafted.
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38 JS stated this is not a public hearing it's a continued hearing, and it's just a preliminary
39 subdivision for some zoning relief so the proposal that applicant presented will likely not ever
40 get built there. Motion by RR to deny the application for preliminary subdivision for Forgetta
41 Development, 1210 Osgood Street, 2"d by JK,vote was unanimous.
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44 CHAIR CALLED FOR FOLLOWING CONTINUED HEARING:
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46 6. Bell Atlantic Mobile of Mass Corp., Ltd., d/b/a Verizon Wireless, 1275 Turnpike
47 Street, Map 107C, Parcel 11. Renewal of a Special Permit authorizing the applicant to operate
48 and maintain existing wireless service facility on existing concrete structure on the site within V-
Planning Board
Agenda
July 15,2008
Page 3
Jen's edits ok
1 R zoning district. Applicant requested to waive VHB review. Hearing is still open. Decision
2 drafted.
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4 PB edits look at finding of Keep #2 don't take edit.
5 It has been an operating facility since whenever ....there will be no change to the existing
6 facilities or antennas.
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8 #3 is ok;
9 delete 4 and 5.
10 See my notes on the decision.
I 1 Motion by RR to approve a renewal of a SP for 1275 Turnpike St. as amended,2°d by TS
12 vole was unanimous.
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15 JS announced Judy Tyman (check out spelling) is our new Town Planner. Curt Bellavance
16 originally interviewed Judy and collected several resumes, then brought it down to 3 final
17 candidates. Judy worked in high tech as a Product Manager. She will start her employment with
18 the Town on August 4, 2008, she'll be attending the August 5, 2008 PB meeting.
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21 7. Ke s Grille— rte 125 outdoor seatin2 during warm months.
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23 This is an application request from Kevin O'loughlin, of Key's Grille, Rte. 125 (the former
?4 location of the Mango Grille) to separate the proposed outside seating area from the inside of the
25 restaurant. The applicant wishes to have outside service to his customers. The application will
26 be presented to the Licensing Commission on August 11, 2008,
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28 Recording secretary handed out a letter from the owner of Keys Grille dated June 30, 2008. A
29 copy of the guidelines for extension of premises to patio and outdoor areas were also submitted
30 (for the record).
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32 At the bequest of Rick Nardella, BOS, Licensing Commission,he would like the PB to make a
33 recommendation/review the proposed alteration to premises.
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35 JS stated the PB won't have any formal role in this, so a common sense approach is good. PB
36 would like to know if there are alterations to the parking area?
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39 APPROVE MINUTES OF THE MEETING:
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41 June 17, 2008
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43 Motion by TS to approve the amended June 17, 2008 "Minutes" 2°d by RR vote was unanimous.
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45 Motion to adjourn by JK, 2nd by TS vote was unanimous. Meeting adjourned at approximately
46 8:45 PM.
Planning Board
Agenda
July 15,2008
Page 4
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8 PLANNING BOARD MEETINGS:
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10 August 5, 2008
11 August 19, 2008
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17 By order of the Planning Board
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20 Approved
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37 NOTE: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are
38 not listed on the agenda.
Planning Board
Agenda
July 15,2008
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