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Home My WebLink AboutPlanning Board Meeting Agenda 04.06.10 PLANNING BOARD AGENDA Tuesday, April 6, 2010 Town Hall, 120 Main Street Top floor conference room. 7:00 PM POSTPONEMENT: None CONTINUED PUBLIC HEARING: Elm. Development Services, 1275 Turnpike Street, Site Plan Special Permit and Continuing Care Retirement Center Special permit to construct a 125-unit apartment CCRC within the V-R zoning district. Drafted decision CONTINUED PUBLIC HEARING: T-Mobile Northeast, LLC (formerly Omnipoint Communications, LLC) 15 Commerce Way,North Andover, MA is requesting renewal of the following Special Permits. Renewal of Special Permit for First Calvary Baptist Renewal of Special Permit for 723 Osgood Street Renewal of Special Permit for Johnson Street PUBLIC HEARING: Clear Wireless LLC, is requesting a Special Permit for the following premises. 300 Chestnut Street, Special Permit for installation of a wireless service facility consisting of six antennas and one equipment cabinet. 203 Turnpike Street, Special Permit for installation of wireless service facility consisting of four antennas and one equipment cabinet. Applicant will not be heard at this meeting;however, a representative will be present to request to be continued until April 20,11. PB to Approve Minutes of the Meeting for March 16,2010. 1 DRAFT--APRIL 2,2010 PUBLIC HEARING: WARRANT ARTICLES Article V. Amend North Andover Zoning Bylaw Section 4.121 Residence 1, 2 and 3. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to allow professional offices in an existing structure on municipally owned property within the R-2 District containing a minimum of 50 acres. Amend Section 4.121 by adding the underlined language to read as follows: 4.121 Residence 1 District Residence 2 District Residence 3 District 21. Professional offices in an existing structure located on municipally owned propgft within the R-2 District containing a minimum of fifty_(50) acres. Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable []Unfavorable 2 Article Z. Amend North Andover Zonina Bylaw — Section 4.133 Industrial 2 District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.133 in order to allow alternative energy uses as-of-right. 4.133 Industrial 2 District 11. Light manufacturing, including manufacturing, fabrication,processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. Amend Section 4.133 by adding the underlined language to read as follows: 4.133 Industrial 2 District 11, a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly,packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b. Renewable or alternative energy research and development facilities renewable or alternative energy manufacturing such as wind, solar,biomass, and tidal on any lot with a minimum of twenty-five (25) acres-, less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit. Or to take any other action relative thereto. 2 DRAFT—APRIL 2,Zola Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 3 Article AA. Amend North Andover Zonin2 Bylaw — Section 4.137 Flood lain District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the correct flood neaps and Building Code reference. Amend Section 4.137 by adding the _underlined language and deleting the [bolded/bracketed] language to read as follows: 4.137 Floodplain District 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, 780 CMR 120.G [Section 31071 "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, [and the FEMA Flood Boundary & Floodway Map dated ,lune 2, 1993, both maps] which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM [, Floodway Maps] and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building and Conservation Commission. 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G [3107.0] "Flood Resistant Construction"); Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 3 DRAFT-APRIL 2,2010 4 Article Y. Amend Zoning Bylaw — Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8.9 Wireless Service Facilities in order to create a revised wireless service facility ordinance as shown below Or to take any other action relative thereto: Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 5 Article HH. Amend Zonin Bylaw —Section 3.1 Establishment of Districts. To see if the Town will vote to add to the Zoning Bylaw, Section 3.1, Establishment of Districts, the following: "Wireless Telecommunications Overlay District" Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 6 Article JJ. Amend Section 16.2 of the Town of North Andover Zonin2 Bylaws. To see if the Town will vote to amend the Zoning Bylaws by inserting the following language: "Drive thru restaurants shall be permitted within the CDD1 zone provided they are located more than 250 feet from the R6 zoned district." Petition of Scott Hajjar and others RECOMMENDATION: ❑ Favorable []Unfavorable 7 Article D. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of casements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable []Unfavorable g Article L. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as voted by: 4 DRAFT-APRIL 2,2010 A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14, 2007 Annual Town Meeting, Article 21, Line 23, "Waverly Road Relief Sewer Main", an amount not to exceed $495,000 to fiend a new project "Sutton Street Sewer Improvements". B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the "Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town Meeting, Article 24. Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 5 DRAFT--APRIL 2,2010 9 Article Q. Capital Improvement Plan Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2011 as detailed below, provided that, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the Town of North Andover, for any capital project in excess of$500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have the following condition added to it: "provided that this appropriation and debt authorization be contingent upon passage of a Proposition 2 112 debt exclusion referendum under General Laws Chapter 59, Section 21 C(k) FY 11 Capital Improvement Plan Requested Line# Project Description Division Amount General Fund 1 Roadway Improvements Public Works $380,000 2 Sidewalk Reconstruction Public Works $50,000 3 Senior Center Roof Replacement Public Works $26,000 4 Facilities Master Plan Town Manager $150,000 5 Police Station Equipment Police $405,000 School Information Technology Network Information 6 Equipment Technology $1,148,000 Information 7 Revenue Billing Software Technology $90,000 8 Middle School Roof Replacement School $310,000 9 Body Armor Replacement Police $40,000 10 Fire Department Radio Equipment Fire $432,000 11 Dump Truck, 2 Ton with Plow Public Works $55,000 12 Fire Sprinkler System at Kittredge School School $450,000 Water Enterprise Fund Water Enterprise 13 Meter Replacement Fund $450,000 Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 6 DRAFT-APRIL 2,2010 10 Article S. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise,borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; Or to take any other action relative thereto. Community Preservation Committee RECOMMENDATION: ❑ Favorable []Unfavorable 1 1 Article U -1. Amend Zoning Bylaw-Section 2.63.1 — Sign, Area of To see if the Town will vote to add a new definition in the Zoning Bylaw as follows: 2.63.1 Sign, Area of (a). For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols; Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 12 Article U-2. Amend Zoning Bylaw Section 5.1.1 Earth Removal. To see if the Town will vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the underlined words as follows; 5.1 General 1. Excavation, removal, stripping, or mining of any earth material &xeept as-hare;..-Afer �d on any parcel of Land,public or private, in North Andover, is prohibited, except as allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal Incidental to Development, Construction or Im, rovements: and Section 5.6 Miscellaneous Removal of Earth. 7 DRAFT-APRIL 2,2010 s Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 13 Article U -3. Amend Zoning Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and adding Sections 7.31, 7.32 and 7.33 as follows: 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District,where the setback from the side street shall be twenty(20) feet minimum. ,§7.31 -Projections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. X7.32 -Projections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. X7.33 ---Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case, Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable []Unfavorable 14 Article U-4. Amend Zoning Bylaw-Section 9.3- Pre-Existing Non-conforming Single Family Residential Structures and Uses in the Residential I, Residential 2, Residential 3 Residential 4 and Residential 6 Districts. To see if the Town will vote to amend Section 9.3.a of the Zoning Bylaw by adding"and two family" as follows: 8 DRAFT-APRIL 2,2010 9.3 Pre-Existing Non-conforming Single Family Residential Structures and Uses in the Residential 15 Residential 2, Residential 3, Residential 4 and Residential 6 Districts: a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-conforming single family and two family residential structures in the R1, R2, R3, R4 and R6 Districts, may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building Commissioner) that such change, extension, or alteration shall not render the structure more nonconforming than the existing structure. Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: ❑ Favorable ❑Unfavorable 15 ® Article MM. Election of Planning Board Members. To see if the Town will vote to amend Chapter 6 of the Town Charter,more specifically Section 1 of the General provisions of that chapter, (6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of the town. Petition of Alan Swahn and others RECOMMENDATION: ❑ Favorable ❑Unfavorable DISCUSSION: Redgate subdivision--Dean Chongris, developer. Plse. note: the Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Desktop/100329 PB Town Warrant Agenda 9 DRAFT—APRIL 2,2010