HomeMy WebLinkAboutPlanning Board Meeting Agenda 05.04.10 PLANNING BOARD
Agenda
Tuesday, May 4, 2010
Town Hall, 120 Main Street
Top floor conference room
7:00 PM
DISCUSSION:
1 Red ate Subdivision: Salem Street Dean Chongris - drainage issue.
DISCUSSION:
2 Berry Street Investments, LLC.; Margaret Fiore, Trustee. 16 Berry Street—
Construction of a definitive subdivision consisting of 14 new dwellings on a cul-de-sac/dead-end
road.
3 CONTINEUD 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.
2_03 Turnpike Street, Special Permit for installation of wireless service facility consisting of
four antennas and one equipment cabinet.
<=> Artice 4. 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
easements 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 Selectman
Favorable Unfavorable
MINUTES:
April 20, 2010
Please 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.
May 4,2010 agenda—Planning Board
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Annual Town Meeting
May 11,2010
Planning Board Report
The Planning Board makes the recommendations regarding the following Town Meeting warrant
articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
2 Article 4. 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: X Favorable ElUnfavorable
Motion by R. Rowen to recommend favorable action on Article 4,Motion 2"d by T. Seibert. Vote was unaniniolls.
9 Article 15. 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:
A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14,
2007 Annual Town Meeting, Article 21, Line 23, "Waverley Road Relief Sewer Main", an
amount not to exceed $495,000 to fund 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: X Favorable 11Unfavorable
Motion b),M. Walsh to recommend favorable action on Article]5A,Motion 2`4 by R.Rouen. Vote was imanimous.
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G7 Article 16. Amend Zoning Bylaw — Section 8.9 Wireless Service Facilities. To see
if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover
by deleting Section 8.9 in its entirety and replacing it with the following which includes a
Wireless Telecommunications Overlay District: Or to take any other action relative thereto:
Board of Selectmen
RECOMMENDATION: X favorable 'Unfavorable
Motion by M. Walsh to recoumieiid favorable action ori article 16, Alotimi 2"`r by C. LaVolpicelo. J�ote was unawnious.
R Article 17. Amend Zonin B law—Section 3 Zoniniz Districts and Boundaries
Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district to
the list of designated districts within the bylaw. Or to take any other action relative thereto.
Section 3, Subsection 3.1, is to be amended adding at the egad of listed districts, the text shown
as underlined.
Wireless Telecommunications Overlay District
Board of Selectmen
RECOMMENDATION: X favorable DUnfavorable
Motimi by M. Walsh to reconnnend favorable action ori article 17,Motion 2"`r by R. Rowen. Vote was urrmrurious.
9 Article 18 . Amend Section 16.2 of the Town of North Andover Zoning 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."
Or to take any other action relative thereto.
Petition of Scott Hajjar and others
RECOMMENDATION: [ Favorable X Unfavorable
Motion by R. Rotia en to recommend unfavorable action oii article 18, Motion 2"i by T. Seibert. Vote was 3 in favor of the
motion and 2 against the motion.
9 Article 27. 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 X Unfavorable
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Motion 4y T. Seibert to recommend inrfavorable action on Article 27, Motion 2"d by M. ffalsh. Vote was rttranintotrs.
m Article 28. 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 1/2
debt exclusion referendum under General Laws Chapter 59, Section 21C(k)":
Fiscal Year 2011 CIP
Recommendations:
Town Manager's
Line # Project Description Fund Code Recommendations
I Roadway Improvements BIN-G $ 380,000
2 Sidewalk Reconstruction BIN-G $ 50,000
3 Senior Center Roof Replacement BIN-G $ 26,000
4 Facilities Master Plan B/N-G $ 150,000
5 Police Station Equipment BIN-G $ 405,000
6 School IT Network Equipment BIN-G $ 863,000
7 Revenue Billing System BIN-G $ 90,000
8 Middle School Roof Replacement B/N-G $ 310,000
9 Body Armor Replacement BIN-G $ 40,000
10 Fire Departinent Radio Equipment BIN-G $ 432,000
11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000
12 Fire Sprinkler Sys. Kittredge School BIN-G $ 450,000
General Fund Total $ 3,251,000
13 Meter Replacement B/N-W $ 450,000
Water Enterprise Fund Total $ 450,000
BIN-S $ -
R/A-S $ -
Sewer Enterprise Fund Total $ -
* Fund Codes spelled out below
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Funding Recommendation Code Totals
Raise and Appropriate - General Fund R&A-G $ -
Raise and Appropriate - Water Enterprise R&A-W $ -
Raise and Appropriate - Sewer Enterprise R&A-S $ -
Bonds/Notes - General Fund BIN-G $ 3,251,000
Bonds/Notes - Water Enterprise B/N-W $ 450,000
Bonds/Notes - Sewer Enterprise B/N-S $ -
Total All ital Projects $ 3,701,000
Board of Selectmen
RECOMMENDATION. X Favorable [Unfavorable
Motion by R. Rowers to recorrrrrrend favorable action ori Article 28, sections 1, 2 and 13. Motion 2"r by T. Seibert. Dote
was unarihnous.
C•D Article 29. 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: X Favorable ,_3Unfavorable
Motion b>>R. Roulerr to r•ecorrrinerrd favorable action on Article 29, Motion 2"`r by M Walsh. Mote was urianirrrous.
o Article 31. Amend Zoning Bylaw -- Section 6 Signs and Outdoor Lighting
Regulations, Subsection 6.3.21 Definitions__- Sign Size (Area). To see if the Town will vote
to replace the current definition of Sign Size (Area) with a revised description.
Section 6, Subsection 6.3.21, is to be amended b),removing the text shown as stricken, and
adding the text shown is underlined.
6.3 Definitions
11. Sign Size (Area) - sign is the entire area '�vithin a single
eo finuous perimeter euelosing the extreme limits of lettering, 5
ClAmblems> or other figures,
againstPart of the display or used to diff-efentinte the sign from the bfie-k.-I-ro-und
b
n eopy shall not be ineluded.
(a). For a sin 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 dis la ed but not
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including any supporting framework and bracin2 «hich are incidental to the
display itself..
(b). For a sin 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•
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(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.
Inspector of Buildings
Planning Board
RECOMMENDATION: X Favorable ❑Unfavorable
Motion by T.Seibert to recommend favorable action on Article 31, Motion 2"�1t1711. Walsh. Vote was unanimous.
R Article 32. 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 exeep as '�II�' aft
pe itted 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 Improvements: and Section 5.6
Miscellaneous Removal of Earth.
Or to take any other action relative thereto.
Inspector of Buildings
RECOMMENDATION: X Favorable ❑Unfavorable
Motion by M. Walsh to reconantend favorable action on Article 32,Motion 2"d Uy T. Seibert. Vote was unanimous.
M Article 33. Amend Zoniniz 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
comer lots shall have the required fiont setback froze both streets, except in Residence 4 (R4)
District, where the setback from the side street shall be twenty(20) feet minimum.
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&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.
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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.
7.33 —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.
Inspector of Buildings
RECOMMENDATION: X Favorable C' Unfavorable
Motion by T. Seibert to recommend favorable action ofr article 33,A9otion 2"d by M. ff alsh. Vote ivas zmai ltrous..
W Article 37. Amend Zoning Bylaw — Section 4 Buildings and Uses Permitted
Subsection 4.133.11 Industrial 2 District. To see if the Town will vote to allow alternative
energy uses as-of-right within light industrial uses permitted in the Industrial----2 district. .
Section 4,Subsection 4123.11,is to be amended by adding the text shown as underlined.
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 manufacturin2 such as wind solar, biomass and tidal on an
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lot with a minimum of twenty-five 25 acres; less than twen -five 25 acres but a
minimum of ten (10) acres by Special Permit.
Or to take any other action relative thereto.
Board of Selectmen
RECOMMENDATION: X Favorable Unfavorable
Motion by R. Roiti)ett to recotortttertd favoa•able action on Article 37,Motion 2"d by T.Seibert. irate was ttttattitttotts..
o Article 38. Amend North Andover Zoning Bylaw— Section 4.137 Floodplain 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 maps and Building Code reference.
Amend Section 4.137 by adding the underlined language and by removing the text shown as stricken 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 Seetion 3107 "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 FEINIA Flood Boundary & Floodway Alap dated june 2,
P93 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
Floo'way 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 3199 "Flood Resistant
Construction");
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Or to take any other action relative thereto`
Division of Community Development
RECOMMENDATION: X Favorable Unfavorable
Motion by R. Roiven to reconvnend.favorable action an Article 38,Motion 2"`r by T.Seibert. Vote was unanimous..
o Article 40. Amend General Sylaws --Chapter 28 Housing Trust Fund, Section 5C
Powers of Trustees. To see if the Town will vote to remove Town Meeting approval as a
requirement for selling or leasing of real estate property by the Housing Trust Fund.
Chapter 28, Section SC, is to be amended by removing the text shown as stricken.
CHAPTER 28 - HOUSING TRUST FUND
28-5. Powers of Trustees
The Board of Trustees shall have the following powers which shall be carried out in
accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44,
Section 55C:
C. With the approval of the Board of Selectmen andTown T,r,.....cn to sell,lease, exchange, transfer
or convey any real property at public auction or by private contract for such consideration and on such
terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to
trust real property as the Trustees deem advisable notwithstanding the length of any such lease or
contract;
Or to take any other action relative thereto,
Board of Selectmen
RECOMMENDATION: X Favorable ]Unfavorable
"r
Motiony T.bSeibert to reconmrerrd_favo'able action on Article 40. Motion 21Z3,R. Roiverr. Vote was arranimorrs.
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