HomeMy WebLinkAbout2008-09-17 Planning Board Minutes Jen's edits
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1 Town of North Andover
2 Planning Board
3 Minutes of the Meeting
4 September 17, 2008
5 Town Hall, 7:00 PM
6
7
8 Members present: John Simons, Chairman
9 Jennifer Kusek, Clerk
1.0 Richard Rowen
11 Timothy Seibert
12 Michael Walsh
13
14 Member absent: Courtney LaVolpicelo
15
t6
17 Staff present: Judy Tymon, Town Planner
18 Mary Ippolito, Recording Secretary
19
20 Chairman Simons called the meeting to order at approximately 7:06 PM.
21
22 1. Chair called for the following discussion item regarding modification for
23 Rolling Ridge driveway changes: Rolling Ridge — 660 Great Pond Rd. - Dan
24 Koravos, P.E. submitted new site plan regarding extending driveway to be located
25 closer to our lake.
26
27 Dan Koravos, D.K. Engineering, presented. There are two existing drives. Applicant
28 wants to use drive"B" an old abandoned road that is in disrepair,has variable width, is
29 located in Watershed and runs along the edge of the lake area. An alternative existing
30 drive"A" that was also used, isn't paved, and has watershed issues. Now Mr. Koravos
31 wants to revive the older drive"B". Reverend Larry Peacock is present. Drive"A"has
32 issues with road broken up, and its gravel, when it rains it gets muddy, school buses get
33 stuck and towed out. See intersection off Great Pond Road, it's no more than 150 feet
34 and cars and trucks speed over it, safety issues arise, school buses, kids,parents going in
35 and out of there. So that's why they want to use Drive"B"because it's less traveled, it's
36 broken up grass,mud, and pavement varies between 10 and 17 feet. It's 18 feet wide. In
37 the 1920 it was a gravel road. Entrance site distance is good in both directions. Mr.
38 Koravos purposes a turn around at the cul de sac area. Emergency vehicles need 100-foot
39 turn around, so he will provide additional room to turn vehicles around. Mr. Koravos
40 sketched wetland on his plan; the wetlands were not flagged by a wetland scientist yet.
41 This is hilly area bordering the lake and Mr. Koravos extended the wetland on that area.
42 He wants to bring Drive`B"back to existing conditions to use it he will tie in the lower
43 section at the driveway and add extension thru to the back of the house for the parking
44 lot.
45
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008 ;>
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Page 1
Jen's edits
1 Chair asked because drive"B" is much closer to the edge of the lake then would it make
2 the situation worse? Instructed that Mr. Koravos demonstrate it clearly and probably
3 would need a variance because it's within 100 feet of the lake if he goes w/drive"B".
4 This needs to be equal to or better than what there is today.
5
6 Mr. Koravos stated he would slope the road away from the lake.
7
8 TS asked does the road flood? Mr. Koravos stated it becomes a pile of mud and it's
9 impassable. Road was built in the 20's and used for quite a while without any problems.
10 RR asked about the reverend's house, if he had to get from his house to the mansion,
11 does he go thru Great Pond Road to do so? Mr. Koravos stated yes.
12
13 Mr. Koravos would build up the existing road a couple of feet. Pavement would be
14 impervious asphalt. RR wants him to show how he will drain the road.
15
16 JK stated it looks like redoing drive B would be more expense than using drive A? Mr.
17 Koravos stated it will only be about 200 feet more so it would not cost much more. The
18 grade will be pretty much the same.
19
20 MW asked how much traffic is there now? Reverend Peacock stated the facility is open
21 year round, summer camps) require bussing traffic for 10-week program. The rest of the
22 year would be more private vehicles. He likes opening drive B because it's more
23 aesthetic for the site it presents better with the site of the mansion.
24
25 MW stated show me,he knows the area,pines trees to immediate right, substantial size
26 trees, traffic coming up hill into that area. Mr. Koravos needs to demonstrate the site
27 distance.
28
29 JS wants Mr. Koravos to stake that area so they can take a look. Mr. Koravos agreed
30 trees would have to come down,but to the right it's clear.
31
32 Mr. Koravos needs to locate the distance to the country club. Road is near a tee at the
33 country club.
34
35 Chief Marteneau stated he agrees the road coming in from the angle would enhance the
36 property. He's concerned about a fire if a situation occurs the Chief needs to get in there
37 quickly. Since 1920 fire apparatus increased,road height should stay wide in order not to
38 inhibit a fire truck entering. The new road would be nice; he's concerned if it's not wide
39 enough for a truck, if someone should park a vehicle in the way, he wants to ensure he
40 has enough access into the property. It's a safety issue.
41
42 Road is not much more than 18 feet wide.
43
44 PB is willing to entertain Mr. Koravos' proposal but encourage him to go in that
45 direction,there are reservations because it's close to the lake.
46
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 2
3
I
' Jen's edits
1 Judy asked if applicant should show a proposal comparison for drive B would be less
2 detrimental than the current drive A? Chair stated for Mr. Koravos to work w/Judy
3 (such as no vehicle to the pool house). Give formal notification to the abutter do it in
4 advance of the public hearing.
5
6 2. Chair called for discussion re2arding request for wavier: M. K. Metal, 100
7 Willow Street, applicant added additional parking spaces, retaining wall near
8 parking area.
9
10 Judy stated this came from our Building Inspector, the work has been done to create
11 parking spaces, it wasn't clear how many new spaces were added.
12
13 Chair stated if somebody wants to build parking spaces but not expand the building they
14 don't have to come to the PB.
15
16 RR stated yes if it isn't going to change the drainage.
17
18 Judy stated nothing else was changed.
19
20 Don Deckero,present, stated he didn't know he needed a pernnit, did electrical, added
21 handicapped bathroom, fixed steps and graded it down, and replaced the railroad ties with
22 a retaining wall, added pavement, added hot top, added 4 t/2 parking spaces on the end.
23 He presented a new plan tonight showing the striping of the parking spaces.
24
25 Chair asked Judy to take care of this. This is in industrial zone so issue a waiver.
26
27
28
29 3. Request for bond closeout: Crusader Paper Company, 350 Holt Road
30 performance G bond $3K,to construct storage space. Letter from engineer and as-
31 built submitted. Letter of approval from DPW. Benny Osgood Jr. was a no show for
32 tonight's meeting; place this on the next PB agenda.
33
34
35 4. Chair called for Planniniz Board discussion: Curt to update Planning Board
36 regarding 43D application. Curt gave update at 2007 Annual Town Meeting. Adopted
37 provision of 43D, to enter in provision with State, received technical assistance grant to
38 purchase hardware, software, for permit tracking,hired consultant, and money to get
39 MVPC to do study of Osgood St. for information, working with them now. BOS is over-
40 sear of 43D. It will identify a portion of Osgood Landing commercial site, to the North
41 adjacent is a soccer field, to the left is a commercial district. It was split into three,
42 mixed--use sections; rear is heavier commercial zone he designated that the 43D or
43 priority development site PDS, 125 acres is the part that applies to 43D. It's an expedited
44 permitted site; applicant would be subject to 43D process. We formed a technical review
45 team, which is he, Judy, DPW, & and other department heads. The committee gives
46 advise to applicants about processes they will need to follow and permits they will need
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 3
Jen's edits
1 to get. There are time lines attached to 43D regulations, Curt is permit coordinator,he
2 meets, assembles technical team and comes up with outline of permitting plan. Height
3 variance, go to ZBA, etc. BOS adopts this plan of action, lists permits and time line
4 applicant needs to follow. Applicant files a master plan application in 40R and written
5 out in site plan review. Curt assigns them their permits, they provide master plan, and
6 Curt identifies whether they have completed the application,they have 180 days to get
7 approval. File w/PB within 30 or 45 days, do public hearing and go thru process. It's all
8 outlined within 43D umbrella. If they want to construct 50K s.f. warehouse they file Site
9 Plan Review SP and follow normal application process it would be good for 5 years.
10 Consultant wanted land use boards to adopt regulations it makes things more clear for
I1 applicants.
12
13 RR asked if the clock starts ticking after Curt determines it's a compliant application?
14 What is the benefit to the applicant? Curt said Massachusetts is perceived to be slow to
15 get things developed, time line was biggest challenge because it takes 8 months to get it
16 approved as opposed to other states where it takes only a couple of months. Technical
17 Review Committee meeting allows PB members to attend these meetings and provide
18 additional information to the applicant.
19
20 Would 180 days include applications to ZBA if variances were needed? Curt stated yes.
21 If applicant wants to seek variance application he files a waiver to get time for a variance.
22
23 MW, which route is less stream lined? Curt stated its project site dependent, regulations
24 said if they want to waive 43D provisions they can do so.
25
26 RR asked what is penalty for not meeting deadlines? Curt stated automatic approval.
27
28 RR doesn't see disadvantage to the 43D project.
29
30 Waiver provides for less than 50K s.f. or less than 75 created new parking spaces.
31
32 JK asked what are differences between our regulations and other towns? Curt stated
33 there are not a great number of communities that have gone with 43D yet.
34
35 Chair thanked Curt for presenting a good overview.
36
37
38 5. Chair called for Continued Hearings: Arthur's Corner Pizza- 1060 Osgood
39 Street—request for Special Permit to add and install a drive-up window to existing
40 pizza parlor. Closed Public Hearing, drafted decision.
41
42 Judy drafted a decision, see edits: included prior to issuing a building permit that under
43 4C owner should adhere to Fire Dept. and review by Fire Dept. prior to COO fire system
44 be installed and reviewed, signage should be reviewed by Building Dept. Added 2K
45 bond. 7B speaks to parking space issue and drive thru lane.
46
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 4
7 5'
Jen's edits
1 RR stated page 3 at top see last sentence. It's a list of waivers.....put the word "both" in
2 there.
3
4 RR is Arthur continuing to operate pizzeria while making modifications? Arthur stated
5 it's a couple of hours work and it will be done on Sunday.,
6
7 Motion by MW to approve a Special Permit with minor modification, 2nd by RR, granted
8 approval vote was unanimous 5 members. (Courtney was absent).
9
10 Chair likes statement of fact at the beginning keep that up.
11
12
13 6. Chair called for Continued Hearing: Metro PCS Mass LLC—451 Andover
14 Street—request for Special Permit to co-locate and place 6 panel antennas mounted on
15 brick chimney fagade connect to co-axial cable to 3 equipment cabinets. Kept hearing
16 open, drafted decision.
17
18 Judy was provided with additional information for her review, copy of lease, structural
19 analysis report,new Site Plan w/minor property lines to be made, design filing
20 requirements, noise report provided, and environmental assessment report.
21
22 Bill McQuade, representative for applicant,requested 3 waivers.
23
24 Judy stated take waiver for wetland. Landscaping waiver. Waiver of Site Plan Review
25 because it's a co-location.
26
27 Chair stated close the Public Hearing. Motion by RR, 2nd by MW to close the Public
28 Hearing, vote was unanimous.
29
30 Edits: see page 2 refers to following waivers. Judy has the good copy of decision.
31
32 Judy see 18 because it doesn't reference to waivers, it's 19 that shows waivers.
33
34 4 and 7 are identical.
35
36 RR asked have we collected escrow? Yes, it has been done.
37
38 RR stated it makes sense when a tower is being constructed, then the escrow makes sense
39 if the antennas would become abandoned, it would be better to get us out of it, and leave
40 this issue to the owner of the business. See page 3 pC.
41
42 Take out the condition regarding escrow in this decision.
43
44 Take a look at D it refers to section C?
45
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 5
Jen's edits
1 Page 5 on 4D the second sentence is left over from a previous boilerplate, it doesn't go
2 with the first sentence.
3
4 5C ....2A and 2B the PB doesn't have.
5
6 Chair stated take 1A out and change it to 3A and 313.
7
8 RR stated 8B is probably not appropriate? Underground wiring?
9
10 RR get rid of 10, 13, 14.
11
12 RR go back to 3 and 4 on front page and check references.
13
14 Change it's to A on page 2 in the very first line in the decision.
15
16 Motion by RR to approve Special Permit for 451 Andover St. as amended this evening,
17 2nd by TS, vote was unanimous.
18
19
20 7. Chair called for continued hearin : DF Parker Company,LLC 500
21 Sutton Street,Map 74, Lot 1-B. Site Plan Review Special Permit to permit the
22 construction of a 20,540 s.f. two floor masonry and steel pet care facility and a Watershed
23 Special Permit for the construction of a detention basin in the Non-Discharge buffer zone
24
25 Judy refreshed memory; at the last meeting discussion regarding storm water issues, and
26 the last review VHB asked for changes to storm water, catch basins, was addressed.
27 Issues regarding maintenance of turf field. Judy checked w/Gene Willis and he has issue
28 with monitoring wells he needed more time to review this latest plan. Wells are to
29 monitor infiltration into the ground of the waste. VHB did not have any maintenance
30 issues.
31
32 Atty. Jill Mann presented. Had 3 reviews from VHB, presented a letter tonight. Field
33 turf area will be dedicated to dogs relieving themselves. The solid waste and liquid waste
34 information is listed on last page. Dogs waste will be bagged and removed from site
35 twice a week. Field turf is covered with green turf with a filtration process system
36 provided which flows away from the lake.
37
38 BOH letter was provided by vet, they didn't have any issues.
39
40 Atty. Mann provided landscaping plan tonight. Relocated dumpster location. Number of
41 parking spaces were not changed. Sewer does not require easement. Standard ground
42 lease with airport. Minimal impact regarding access issue, dogs do not enter the site at
43 exactly the same time, need waiver for traffic impact. See waivers she spoke on. Fiscal
44 Impact will bring money back into the Town. Dog waste is considered hazardous waste,
45 it needs to be taken to a separate facility for disposal. Detention basin in non-disturb
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 6
Jen's edits
1 area. Mr. Napoli, abutter, comments were addressed by applicant, they pulled back the
2 area in order to redirect the natural flow.
3 .
4 Atty. Mann described the design of the building. Another sketch of the building was
5 presented to the PB tonight in 3 dimensional shapes. Material along lower level is stucco
6 finish on top of insulation base. Used color and form for variety and texture.
7
8 JS are there other facilities similar to this anywhere? Regarding materials? Architect
9 didn't know of any other facilities using this kind of materials.
10
11 MW has a keen interest in this as a dog owner.
12
13 PB is now waiting for report from Gene Willis, drainage system to Town drainage
14 system, and monitoring wells issues.
15
16 JS will keep this open but draft a decision.
17
18 8. Chair called for the following PUBLIC HEARING: Paul Marchionda
19 Modification to Boston Hill Site Plan SP—to make substantial use of existing permit
20 and modify limits of work to be included in Phase 1; & address bonding requirements.
21
22 Judy stated this SP was permitted, litigated and resolved several years ago. Applicant is
23 here for modification to SP regarding phase 1, demolish retaining walls (but now they
24 remain). The buildings themselves will be town down.
25
26 Another applicant has come forward for a proposal for this site for a CCRC. Structure to
27 be located at base of the hill. Opposed to current SP where structure is going up sides of
28 the hill. Applicant will come in for a TRC meeting.
29
30 Paul Marchionda stated design has not changed. Trying to scale down work in phase 1
31 only. He "x" out some wording on plan. He's only knocking down the buildings. He
32 wants to reduce the bonding. He wants the 20K reduced to 5K. 75K bond wants to defer
33 this to phase 2 if phase 2 goes forward.
34
35 JS asked if the PB grants this and both projects do not go forward, will this end up as an
36 open ended decision? Ten years from now the SP is still active?
37
38 Mr. Marchionda stated no, time lines could not be dragged out to ten years.
39
40 He needs to complete phase one by October of this year.
41 RR does not want to go another 2 years with possibility of another extension.
42
43 Mr. Marchionda read extension (no extension past 24 months), find a copy of Lincoln's
44 extension.
45
46 JS advised Judy to get Paul's extension and put it in decision.
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 7
Jen's edits
1
2 Mr. Mesitti asked if 2-year period came due, and if market is still bad can he get
3 postponement on starting the 2nd phase?
4
5 RR stated you could come in and ask but it definitely would not be automatic.
6
7 Chair stated if 5 or 10 years go by, the PB doesn't want to be in that kind of position.
8
9 RR stated he would be reluctant to grant an extension.
10
11 Demolition is scheduled now and has to be completed by Oct. 20h.
12
13 Applicant stated excavator would knock down the buildings. Slabs will be left in place.
14 Some dump trucks on site. 2 or 3 weeks to be completed. He has permit from the State.
15 He will pull demolition permit. He talked to water department how to abandon it. Dig a
16 hole to get down to the water line per the DPW only 5 foot hole. Traffic management is
17 included in State permit. Flow of traffic is part of the State permit. Mr. Marchionda
18 stated closing out the trench is a separate issue?
19
20 Mr. Fink was present and stated he had no questions tonight.
21
22 Add reduction of$20K bond down to $5K bond. JS stated Judy to memorialize the 24
23 months so that it's abundantly clear.
24
25 Judy read Gene Willis' letter regarding trench issue. Mr. Marchionda stated don't add
26 that language to this project it has nothing to do with Boston Hill project. In early 90's
27 he extended sewer connection from Stop and Shop across street to farm and it was
28 completed and done. Cut made across road only lasted 15 years;redo that part of the
29 road? Mesitti looked at it, said he would agree to pay for sub to do the work. Mesitti
30 stated he would give him a check before or after he gets the job done. Motion to close
31 public hearing by RR, 2'd by JK, vote was unanimous 5 members.
32
33 Motion to grant a Modification to Site Plan SP as amended by JK, 2nd by RR, vote was
34 unanimous. Judy to send decision to PB before sending to Town Clerk.
35
36 9. Chair called for the foUowin2 discussion: Judy to present information to the
37 PB regarding courses_available
38
39 Judy included orange flier for courses in PB packets: look thru and find something
40 interesting in convenient location. Option in PB packet see MVPC series of courses in
41 Jan. Feb. March. PB 101, legal, duties, etc. More from Appeals Board %2 days
42 conference in Worcester, phone#included. Judy is working w/members of Community
43 Development to address our subdivision regulations, and include Con/Com to do section
44 of the course and have it after the holidays. Gene Willis to talk about issues at the DPW;
45 ZBA to talk about variances etc. to tailor the course to PB questions.
46
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 8
' Jen's edits
1 Chair likes this idea, logically way to work w/other boards,
2
3 Judy to ask what is charge if PB doesn't take all of them if they do ala-carte?
4
5 She's updating web site w/links to Planning Association etc.
6
7 Sub'ect for zoning for upcoming Town Meeting,if PB wants to discuss this issue.
8 E.
9 JS wants to place these items at the Oct. 7t" PB meeting.
10
11 JS rezoning at Rte#125 near Bertuccis Restaurant (Mr. Carroll).Issue re-visit re-
12 rezoning issue. T
13
14 RR asked when would Old Center be done? They re-did the drainage and landscaped it.
15
16 RR can't do Oct. 7 or Oct. 21 meeting. Or Nov. 18"i.
17 Maybe check to put meeting on for 20t" of October?
1$
19 10. Chair called to APPROVE MINUTES OF THE MEETING:
20
21 July 1, 2008 &July 15, 2008, August 19, 2008. Motion by JK to approve the Minutes for
22 July 1, & July 15, 2nd by RR, vote was unanimous.
23
24 PLANNING BOARD MEETINGS:
25 October 7, & October 21, 2008
26 November 4, 2008 meeting cancelled due to Presidential election 2008
27 November 18, 2008
28
29 Some discussion took place between Henry Fink and the PB regarding alternate
30 membership at Merrimack Valley Commission.
31
32 Motion by JK to adjourn, 2nd by TS, vote was unanimous meeting adjourned at
33 approximately 9:30 pm.
34
35 By order of the Planning Board
36
37
38
39 Approved
Special Meeting and Public Hearing
Planning Board—Minutes of the Meeting
September 17,2008
Page 9