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HomeMy WebLinkAbout2009-04-21 Planning Board Minutes Draft/Rowen's edits approved Draft 1 Town of North Andover 2 Planning Board 3 Minutes of the Meeting 4 April 21, 2009 5 Town Hall, 7:00 PM 6 7 Members present: Richard Rowen, acting Chair 8 Timothy Seibert, regular member 9 Michael Walsh, regular member 10 Courtney LaVolpicelo, alternate 11 12 Member absent: John Simons, Chairman 13 14 Staff present: Judy Tymon, Town Planner 15 Mary Ippolito, Recording Secretary 16 17 Richard Rowen, acting Chairman, called the meeting to order at approximately 7:10 pm. The 18 CPC articles will be heard at the April 28, 2009 PB meeting. 19 POSTPONEMENTS: 20 None 21 22 Chair called for Request for release of Lot #1: DISCUSSION: 23 1 o Dean Chongris, Redgate Subdivision, stabilization needs to be monitored 24 weekly. 25 26 Judy: had several meetings w/Jennifer Hughes, Gene Willis, and Dean Chongris and made 27 several site visits. A lot of work has been done on the site, presented photos before and after. 28 Submitted Gene Willis memo regarding erosion control measures that have been put into place. 29 Judy: did not see any erosion on site. Gene Willis recommended a punch list be done by Dean 30 Chongris. Gene Willis recommended that lot #1 be released and give a building permit for the 31 foundation, there will be lot stabilization measures to be done as additional measures as Phase 2. 32 33 Judy: requested weekly monitoring reports, and Dean to put together a contract wBen Osgood 34 Jr. and himself. Ben Osgood Jr. to submit signed copy of contract tomorrow to the Planning 35 Department. 36 37 RR: asked should bond amount be increased? Judy: surety bond amount is over $IOOK is still in 38 place. Planning Department still has a site-opening bond in place. 39 Page 1 APRIL 21,2009"Minutes" Draft/Rowen's edits approved Draft 1 Mr. Chongris: the entire site is set up to divert water thru silt fences, stone checked dams, etc. 2 All water is slowed down and today water collected where it was supposed to collect. Final 3 grading on plan is subject to the foundation once it gets put in the lot it will be built per the 4 approved plan. He will seed within the next few weeks. 5 6 Chair: asked Judy if she feels Mr. Chongris has done everything to stabilize for the moment? 7 Chair: wants Mr. Chongris to stay with a monitor and submit weekly reports. Mr. Chongris: Mr. 8 Cyr's area is dry today, and it's been going smoothly with Mr. Cyr and himself. Mr. Chongris: 9 Mr. Cyr is in agreement w/Mr. Willis' memo. 10 11 MW: seems to think detention pond is too small and inadequate? Mr. Chongris: design of pond 12 should have trenches and stone installed, he would rather use the pond as a trap for now and 13 make small gravel access off side of road now. 14 15 Chair: wants an update on the foundation and lot stabilization at every PB meeting. TS: wants to 16 make sure that Mr. Cyr is ok with this release once another foundation is dug. 17 18 Motion by MW to release Lot # 1, 2"d by TS, vote was unanimous. 19 20 21 Chair called for DISCUSSION: 22 2 o David Steinberg, 21 High Street - phase development. David Steinberg was 23 present: gave an update on East Mill and discussion of Phase I I B: He brought this to the PB in 24 2007 went thru process to get PDD SP done. First he submitted a preliminary PDD SP 25 application then came back in for definitive PDD SP approval. He's not requesting any formal 26 approvals for Phase I IB at this point. He wants to work on the design of a building now. He's 27 consulted w/Con/Com and Historic District, Dept. of Interior too. Wants PB comments on what 28 he submitted as a handout tonight. 29 30 Mr. Steinberg: has decided not to pursue the larger building proposed on top of the existing 31 garage building at this time. Instead, he proposed that Phase I IB include the smaller building a 32 40 two-bedroom unit in a four story brick building, large windows, tower feature worked into 33 this building. 34 35 Chair: asked about condos that were permitted, have they all been built? Mr. Steinberg: no he's 36 only built 19 out of 70 apartments. Chair: asked about height issues? Mr. Steinberg: neighbors 37 who opposed the garage were not opposed to the building. 38 39 Chair: this design fits better into total complex, it's fine. Design of windows in existing buildings 40 seem to be different from what was presented tonight, white tick tack tow in the windows appear 41 to be distracting. Chair: to evaluate the difference, can you make a rendering with the grid black 42 instead of white in the windows? Architect said it could be done. 43 44 TS: it would be nice to keep Machine Shop Village in the loop on this project. Mr. Steinberg: 45 has a relationship w/people in Machine Shop Village. 46 Page 2 APRIL 21,2009"Minutes" Draft/Rowen's edits approved Draft 1 CL: how would it be for the resident if he/she doesn't have a small patio or deck? Mr. Steinberg: 2 on the pond side he considered it but it would look inconsistent with the other buildings. There 3 will be a shared area located outside with picnic tables etc. 4 5 Chair: fruitful discussion sees no reason why Mr. Steinberg shouldn't continue with his plan. 6 7 8 Attorney Smolak requested that the following article be placed on the agenda right after Mr. 9 Steinberg's discussion of tonight: 10 #430 Article BBB. Amend North Andover Zoning Bylaw— Section 11.5 Planned 11 Development District—Uses. 12 To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 11.5 13 in order to allow the Planning Board additional flexibility in determining the appropriate types, 14 number, location and dimensions of signs to be permitted pursuant to PDD Special Permit. 15 Petition of John T. Smolak and others 16 RECOMMENDATION: ❑ Favorable ❑Unfavorable 17 18 Attorney Smolak presented. Proposed zoning change is geared for commercial to provide 19 flexibility for type of signs on site. Allow integration of signage with Master Plan of this site. 20 PB will control SP process to dictate type of signage. Mr. Steinberg gets retailers who want to 21 know what they can do in terms of signage. Address whole site at once. Example of tonight's 22 handout is type of sign he wants and guidelines he wants PB to approve for signs and then go to 23 Building Inspector to pull building permit. Blade signs, awnings, site directory signs, etc. 24 25 Chair: is in support of this proposal. MW impressed by examples shown tonight. Motion 26 by MW to recommend favorable action for Article #43, 2nd by TS, vote was unanimous. 27 28 29 2009 Annual Town Meeting Warrant Articles: 30 31 #27o Article S. Report of the Community Preservation Committee and Appropriation 32 From the Community Preservation Fund. To receive the report of the Community 33 Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from 34 the Community Preservation Fund, in accordance with the provisions of Massachusetts General 35 Laws Chapter 44B, a sum of money to be spent under the direction of the Community 36 Preservation Committee; Or to take any other action relative thereto. 37 Community Preservation Committee 38 RECOMMENDATION: ❑ Favorable ❑Unfavorable 39 PB will hold Article #27 over until the April 281h PB meeting. 40 41 42 43 #32o Article CC. Amend Zoning Bylaw— Section 8.9 Wireless Service Facilities. To see 44 if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8.9 Wireless 45 Service Facilities in order to create a revised wireless service facility ordinance as shown below 46 Or to take any other action relative thereto: Page 3 APRIL 21,2009"Minutes" Draft/Rowen's edits approved Draft 1 Planning Board 2 RECOMMENDATION: ❑ Favorable ❑Unfavorable 3 PB will hold article #32 over until the April 281h BP meeting. 4 5 6 7 #40o Article DD. Amend Zoning Bylaw—Add New Section-Section 18—Downtown 8 Overlay District. To see if the Town will vote to amend the North Andover Zoning Bylaw by 9 adding a new section, Section 18 Downtown Overlay District to read as follows: existing mixed 10 uses of downtown North Andover. 11 Planning Board 12 Judy to present RECOMMENDATION: ❑ Favorable ❑Unfavorable 13 PB will hold Article #40 over until the April 28 PB meeting. 14 15 16 #410 Article FF. Amend Zoning Map —Downtown Overlay District. To see if the town 17 will vote to amend the Zoning Map for the Town of North Andover to rezone the following:Or to 18 take any other action relative thereto. 19 Planning Board 20 RECOMMENDATION: ❑ Favorable ❑Unfavorable 21 PB will hold Article #41 over until the April 28 PB meeting. 22 23 24 #44o Article GG Amend North Andover General Bylaw, New Chapter, Chapter 160, 25 Stormwater Management & Erosion Control Bylaw. To see if the Town will vote to amend 26 the Town of North Andover General Bylaws by adding a new Chapter, Chapter 160, Stormwater 27 Management & Erosion Control Bylaw. 28 Planning Board 29 Judy to present RECOMMENDATION: ❑ Favorable ❑Unfavorable 30 31 Judy: presented a draft that she worked on w/Jennifer Hughes, Atty. John Smolak and Ben 32 Osgood. This chapter would catch what is not currently caught by the PB or Con/Com process. 33 Chair: where is the reference to MS4? Judy; Definition it's on page 4. 34 Motion by MW to recommend favorable action on Article #44, 2nd by TS, vote was 35 unanimous. 36 37 38 #50o Article JJ Establishment of Conservation Restriction — Boston Hill. To authorize 39 the Conservation Commission and the Board of Selectmen to amend a certain Conservation 40 Restriction more particularly described in Paragraph 1 (a): To release that certain parcel of land 41 subject to the Conservation Restriction granted to the Town by Boston Hill Development, LLC 42 on June 13, 2006. Conservation Commission 43 RECOMMENDATION: ❑ Favorable ❑Unfavorable 44 45 Judy: full article describes the changes: Motion by TS to recommend favorable action on 46 Article #50, 2nd by MW, vote was unanimous. Page 4 APRIL 21,2009"Minutes" Draft/Rowen's edits approved Draft 1 2 3 #490 Article KK Amend Vote Article 42-1997 Annual Town Meeting Removal of 4 Development Restriction on Map 62, Parcels 18, 9, and 64. To see if the Town will vote to 5 amend and or modify Article 42 Conservation Restriction, Town Farm, approved at the May 13, 6 1997 Annual Town Meeting to allow for active recreation including improvements by and for the 7 use of athletic fields within the below referenced identified areas so long as said modification 8 and or amendment applies only to specific identified areas of land hereafter identified on a plan 9 of land. Board of Selectmen 10 RECOMMENDATION: ❑ Favorable ❑Unfavorable 11 Judy: See Warrant page 87, this is a housekeeping issue. Motion by MW to recommend 12 favorable action on Article #49, 2nd by TS,vote was unanimous. 13 14 15 16 #34o Article TT. Authorization for the Town Manager to Lease a portion of the 17 Stevens Estate land in excess of three years for the purpose of allowing a wireless 18 communications facility to be constructed at that location. 19 To see if the Town will vote to authorize the Town Manager to enter into an agreement in excess 20 of three years for the purpose of allowing a wireless communications facility to be constructed 21 and to operate at that location, Or take any other action relative thereto. 22 Board of Selectmen 23 RECOMMENDATION: ❑ Favorable ❑Unfavorable 24 Motion by TS to recommend favorable action on Article #34, 2nd by MW, vote was 25 unanimous. 26 27 28 #280 Article WW Acquisition of Land using Community Preservation Funds 29 To see if the Town will vote to raise, borrow and/or appropriate a sum of money for the 30 acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of 31 land of approximately 188 acres of land owned by any or all of the following: Marjorie V. 32 Kittredge, the Kittredge Family Preservation Trust or the Trust for Public Land as described on 33 Assessor's Map 105A, Parcels 9,10, 12, 14 and 16 to be managed and controlled by the 34 Conservation Commission of the Town of North Andover 35 Community Preservation Committee 36 RECOMMENDATION: ❑ Favorable ❑Unfavorable 37 PB will hold article #28 over until April 281h PB meeting. 38 39 40 #42o Article XX. Amend Zoning Bylaw-Section 16.2- Corridor Development District 41 1-Permitted Uses. 42 Petition of Scott Hajjar, Oscar Pancorbo and others 43 RECOMMENDATION: ❑ Favorable ❑Unfavorable 44 Oscar Pancorbo, abutter: Dunkin Donuts, restaurant, and Getty Gas station, 6 stall car wash, the 45 whole area is commercially developed around his area. A drive thru could spur commercial 46 success. He is in favor of this article. Page 5 APRIL 21,2009"Minutes" Draft/Rowen's edits approved Draft 1 Judy: submitted a picture of zoning corridor CDD 1. 2 3 Scott Hajjar: requesting properties that don't abut commercial could have drive thru restaurants. 4 5 Chair: when CDD's went in a couple of years ago the discussion of drive thru was discussed by 6 the PB at that time. Chair: is somewhat closed minded on this because of previous discussions 7 w/PB. Allowing drive through only on properties not adjacent to residential could be considered 8 spot zoning. 9 10 MW: a conscious decision was made based on not having a bunch of fast food restaurants over 11 the years. 12 13 Mr. Hajjar: Town needs this revenue in hard times we need to put in commercial properties such 14 as what is already surrounding this area. 15 16 Chair: message is we don't want to develop Rte. #114 so that it looks like Rte. #28 in Salem NH 17 as it would not be the best and most effective use of the land. 18 19 Mr. Hajjar: his property was zoned general business and now he feels his property is now down 20 zoned. The majority of people want to spur commercial development; our Town can't afford this 21 section of Rte. #114 to lay dormant. The landscape itself is not different from Jasmine Plaza it's 22 located next door. 23 24 Chair: example, the 4 lots closest to Merrimack College they are existing houses -they backup 25 to Meadow Wood - if these could be converted to commercial in the house itself. For the rest of 26 it - if it could be developed into one single entity such as Eaglewood Plaza was -that's what the 27 Town had in mind then. 28 29 Mr. Reppucci, 14 Buckland Rd., remembered when PB made site visit a few years ago, Fire 30 Dept. requirements, Mass State Highway would have to take 15 feet, so office space or maybe a 31 small store could be put there but not restaurants to be put there. He's against this article, if you 32 spot zone how do you protect homes located next to this rezoning? He wants further information 33 before going for a favorable vote. 34 35 Bill Wellock, 164 Hillside, doesn't want drive thru it would decrease his property value. 36 37 Marcy Wood, 27 Buckland Road, not in favor of this article, has two kids in school system and 38 over course of time she's watched Rte. #114 become a highway of terror, her neighborhood was 39 rezoned now her kids can't walk to school because they can't cross Rte. #114. The intersection 40 Rte. #114 and Hillside has large number of traffic accident, no lights there. 41 42 MW: is sympathetic to what residents have to deal with, concerned that more curb cuts in that 43 area will exacerbate the situation enormously. Wishes he could find relief and help them market 44 their property. 45 46 Motion by TS to recommend unfavorable action on Article #42, no second on this motion. Page 6 APRIL 21,2009"Minutes" Draft/Rowen's edits approved Draft 1 PB agreed to postpone this Article until a 5-member board is available. 2 3 Courtney wanted to discuss this further. In a Planning world CDDI and CDD2 is relatively 4 recent rezoning, it's a long process to have a developer to come in and develop something like an 5 Eaglewood Plaza. 6 7 Chair: look at requirements for CDDI and CDD2 what are allowed regarding setbacks etc. This 8 was set up for a developer to come in and develop and avoid spot zoning. 9 10 MW: is sympathetic with the situation for the 8 lots in this area. Why can't this whole district be 11 reviewed again if nothing is being developed? 12 13 14 #390 Article YY. Upholding of Duties in Bylaws. 15 To see if the town will vote in favor of reminding the Board of Selectmen, the Town Manager, 16 the Planning Board, the Zoning Board of Appeals, the Zoning Enforcement Officer and Town 17 Counsel of their sworn duty to consistently uphold and abide by the Zoning Bylaws of North 18 Andover as dictated by town meeting AND to always act in defense of the public health, safety 19 and welfare if all North Andover citizens as provided by such bylaws, to the fullest extent of the 20 law, without personal or financial conflict of interest, or the appearance thereof. 21 Petition of Steven Tryder and others 22 RECOMMENDATION: ❑ Favorable ❑Unfavorable 23 24 RR: takes issue with "the PB is doing less than they swore to do". Motion by MW to 25 recommend unfavorable action on Article #39, 2nd by TS, vote was unanimous. 26 27 28 29 #33o Article FFF. Amend Zoning Bylaw—Section 8.9 (2)—Wireless Service Facilities. 30 To see if the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Facilities, 31 subsections (2)(u)through (2)(aa)to add a definition for Pre-existing Structures. 32 Subsection 8.9(2)(u) through 8.9(2)(nn) is to be amended by removing the text shown as 33 stricken, and adding the text shown as underlined. Section 8.9 Wireless Services Facilities 34 35 Petition of Salvatore A. Russo and others 36 RECOMMENDATION: ❑ Favorable ❑Unfavorable 37 PB will hold Article #33 over until April 28th, PB meeting. 38 39 40 Motion by TS to approve April 7, 2009 "Minutes", 2nd by MW, vote was unanimous. 41 42 Chair announced the next scheduled PB meetings would be held on April 28 and May 5, 2009. 43 44 Motion by MW to adjourn, 2nd by TS, meeting adjourned at approximately 9:35 pm. 45 46 By order of the Planning Board Page 7 APRIL 21,2009"Minutes" Draft/Rowen's edits approved Draft 1 2 approved Page 8 APRIL 21,2009"Minutes"