HomeMy WebLinkAbout2012-02-07 Planning Board Meeting Minutes
PLANNING BOARD
Meeting Minutes
Tuesday, February 7, 2012
Town Hall, 120 Main Street
7:00 PM
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Present: J, Simons, T. Seibert, M. Colantoni, R. Glover, R. Rowen. D. Kellogg
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Absent:
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Staff Present: J. Tymon, J. Enright
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Meeting began at 7:00pm
LOT RELEASE
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Delucia Way: Form J
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J. Tymon: A Form J for an original Lot Release references an incorrect Page. A closing Attorney has
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drawn up an Affidavit explaining the over sight. The Planning Board can vote to authorize J. Tymon to
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sign the affidavit. The Affidavit would then be recorded.
MOTION
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A motion was made by R. Glover to authorize J. Tymon to sign the Affidavit. The motion was seconded
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by M. Colantoni. The vote was unanimous
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PUBLIC HEARINGS
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CONTINUED PUBLIC HEARING: Merrimack College, 315 Turnpike Street, Application for Special
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Permit – Site Plan Review. Applicant proposes to expand the Volpe Athletic Center and add 66 parking
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spaces.
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J. Tymon: The Andover Conservation Commission has signed an amended Order of Conditions for the
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project. The NA Conservation Commission will likely be voting on the project on February 8, 2012. L.
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Eggleston’s comments have all been addressed.
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ABUTTERS:
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Richard Byers, Attorney representing Alcott Village: this condominium complex shares an entrance off
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Rt. 125. There will be an increase in traffic on this shared road. There has also been an issue with
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headlights of cars driving out onto Rt. 125 reflecting directly into the condominium units. With the
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increase in traffic this issue may worsen. Some screening is in place; however, there is still a problem
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with the lights.
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Brian Willett, Property manager for Alcott Village: With the increased traffic there will be more busses,
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which have very high headlights. There are four homeowners that have been affected for a long time.
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New trees have been installed and a new 7’ fence will be installed. There is also a speed bump that
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causes the lights to shine at a higher level. A letter has been sent to Merrimack College to propose a
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meeting and to discuss possibly restricting the outgoing traffic to this roadway after dusk or 8:00pm. This
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problem has existed for many years.
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J. Simons: How has the dialogue with Merrimack gone?
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B. Willett: Slow. There has not been a response to the letter sent a month ago. He would like a meeting
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with Merrimack to try to resolve the issue.
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Jeff Doggett, Chief of Staff to the President of Merrimack College: Although unaware of the issue,
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committed to work with the property manager and condominium owners to resolve the issue.
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J. Simons: Suggested the two groups meet to resolve the issue rather than have the Board legislate it in a
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Decision.
MOTION
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A motion was made by R. Glover to close the Public Hearing. The motion was seconded by R. Rowen.
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The vote was unanimous.
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Draft Decision was reviewed and amended.
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PLANNING BOARD
Meeting Minutes
Tuesday, February 7, 2012
Town Hall, 120 Main Street
7:00 PM
MOTION
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A motion was made by R. Rowen to vote to approve the Site Plan Review for Merrimack College in
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partnership with Middlesex Islanders, LLC, for the construction of the addition to the hockey rink at the
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Volpe Athletic Center, as amended this evening. The motion was seconded by R. Glover. The vote was
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4-0. T. Seibert, M. Colantoni, R. Glover, and R. Rowen voted in favor. J. Simons abstained
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NEW PUBLIC HEARING: 102 Peters Street,
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Application for Special Permit-Site Plan Review.
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Applicant proposes to raze a single family home and to construct a 2,745 sq. ft., single story, commercial
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building with an eleven (11) parking space parking lot, landscaping, and site utilities.
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J. Tymon: This is approximately a 13K sq. ft. parcel with an existing wood frame dwelling. The
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proposed new building would be 12,745 sq ft with eleven parking spaces. The applicant has received
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relief from the ZBA from section 9.1 and six variances. Civil and stormwater reviews have been done.
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DPW sent a response letter today. There is a sewer easement on the eastern side of the property and
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Town Engineer has an issue with the proximity of the proposed building to the sewer main.
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Bill McCloud, Andover Consultants: Will meet with the Town Engineer to discuss and work out the
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issues listed in his memo.
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J. Tymon: The stormwater treatment system proposed is also of concern. They system proposed is an
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underground infiltration system that would overflow into a dry well. L. Eggleston recommended soil
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testing be done closer to the area of the dry well to confirm the separation from ground water. She is
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concerned about the overflow into the dry well. If the dry well is in ground water there will not be any
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storage. It would then overflow into the street. There is also a concern about the percentage of TSS
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removal. Lastly, the potential of traffic queuing into the intersection of Rt. 114 and Peters Street should
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be discussed.
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B. McCloud: Reviewed what the relief granted by the ZBA was based on and the location of this parcel.
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Presented the proposed architectural plans, location of building, parking lot, and landscaping. The
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proposed building would be a single story office building and have a maximum of two professional
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offices. Dermitt Kelly has completed a traffic study. He can come to a future meeting to discuss the
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findings.
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The Board expressed concern with the ability to easily enter and exit this site, the queue that may result
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(especially during peak traffic hours), and the difficulty of separate commercial properties on small
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footprints with individual curb cuts. Questioned if an alternative entrance was possible; such as, the
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Merrimack College driveway or sharing the abutting property’s curb cut.
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Jeffrey Sheehy, Petitioner, 330 S. Main, Andover: Has had conversations with the abutting property
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owner; however, not related to a common driveway. Stated that people have been trying to combine all
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four parcels for the past fifteen years and it is just not economically feasible.
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B. McCloud: Reviewed the lighting, landscape and parking plan and discussed some trimming of brush
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in the right of way that would be done in order to improve the site distance.
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J. Simons: Requested a sketch of all four profiles of the building.
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B. McCloud: Will continue to work through the DPW and stormwater issues. Dermitt Kelly will come to
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the next meeting.
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NEW PUBLIC HEARING: North Andover Housing Authority, Fountain Drive,
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Application for
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Special Permit-Site Plan Review. Applicant proposes to repave all existing roadway, parking areas and
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bituminous walkways. Project includes reconstruction and addition of handicap ramps, re-grading and
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widening of walkways, twenty four additional parking spaces, and minor landscaping.
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PLANNING BOARD
Meeting Minutes
Tuesday, February 7, 2012
Town Hall, 120 Main Street
7:00 PM
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J. Tymon: This project will help resolve some existing drainage issues. Signage, downspouts, and
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handrails will also be improved. A rain garden will be added behind the community building which will
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be maintained by the Housing Authority. There has been a stormwater review and all issues have been
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addressed.
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Mike Carter, Engineer from GCG Associates: Provided an overview of the location and scope of the
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project, including landscaping, new paved areas, and sidewalk/walkway/roadway areas to be
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reconstructed.
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J. Simons: Suggested the meeting be kept open and a draft Decision be reviewed at the next meeting.
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DISCUSSION
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100 DALE STREET:
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Possible Lot Subdivision.
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J. Tymon: This is a four acre lot that previously had been re-zoned to R-1. The owner is interested in
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dividing the Lot.
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Phil Christiansen, Christiansen & Sergi Engineering: This property had been listed on the Assessor’s
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card as being in the R-2 Zone. The parcel is surrounded by other parcels that are half acre to an acre with
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the exception of a couple of two acre lots on Berrington Place. Subsequently it was discovered the parcel
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is in the R-1 Zone. Alternative ways to subdivide the parcel were discussed.
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J. Simons: The Board will consider something that is reasonably compliant. J. Tymon can work with
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you.
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THE SHELTER GROUP:
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Condition No. 7.d of the CCRC Special Permit requires the imposition of a
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recorded restriction that must be approved by the Planning Board.
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J. Tymon: There is a condition within the Decision that states if the property is transferred to a non-profit
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entity that non-profit entity would not get an exemption from local property taxes and that the non-profit
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entity would agree to pay property taxes. Attorney John Smolak has put together a Declaration of
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Restriction that has been reviewed by Town Counsel.
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John Smolak, Representing The Shelter Group: The Declaration is almost identical to the Leland
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Declaration that was approved a couple of months ago. The only changes are dealing with paragraph one
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that has been approved by Town Counsel.
MOTION
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A motion was made by D. Kellogg to authorize J. Simons to sign the Declaration of Restriction for
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Brightview North Andover, LLC. The motion was seconded by T. Seibert. The vote was unanimous.
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RE-ZONING
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the intersection of 114 and 125 from residential to commercial.
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Curt Bellavance, Director of Community Development, North Andover: Advised the Board that he has
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had conversations with the property owners of 396 Andover Street, R. Lafond, and 404 and 426 Andover
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Street, T. Carroll, regarding re-zoning the area from Residential to Commercial. These two owners are
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operating an insurance office and a real estate office as a home use occupation. They are interested in
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seeing the use changed from Residential to Commercial, but not in upsetting the neighbors. Discussed re-
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zoning possibilities including; uses of covenants, several different commercial districts, modifying active
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re-use zones. Requested feedback from the Board as to whether they should pursue this.
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J. Simons: Rezoning this area has been considered in the past and there was strong opposition from the
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neighborhood. Restrictions in covenants may be appropriate for R. Lafond property; however, if T.
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Carroll wants to do something he will have to come in with something crisp, succinct, and limited, and
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has to sell it to the neighbors.
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PLANNING BOARD
Meeting Minutes
Tuesday, February 7, 2012
Town Hall, 120 Main Street
7:00 PM
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C. Bellavance: Neither owner has any specific plans. Having better signage was really the starting point
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of the discussion because they have been limited within the Residential Zone.
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R. Rowen: There is a paper street that runs between the properties. The neighbors were adamant that a
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building not be built right in the middle of it.
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C. Bellavance: Re-stated that the property owners are willing to take a step back and look into what the
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best approach is to creating something more of a transition zone between heavier commercial uses and a
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residential neighborhood.
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J. Smolak: Handed out and discussed the assessor map of the area, assessor property cards for the three
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properties and photos of the area. It is a transition zone and there is an existing established neighborhood
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abutting these properties. These two property owners are looking to legitimize a full office use along with
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better signage along Andover Street. In discussions with T. Carroll he has stated that he wants to keep his
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two existing buildings within the same footprint. He is no longer considering a large building in the
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middle of the right-of-way. Suggested an approach of looking at the CDD3 Zoning option and a covenant
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to restrict the uses and to have a discussion with the neighbors to clearly identify what the property
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owners are looking for in terms of uses.
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J. Simons: Cautioned that there may not be enough time to be prepared for this year’s Town Meeting.
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MEETING MINUTES
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MOTION:
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A motion was made by R. Rowen to approve the January 17, 2012 meeting minutes. The motion was
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seconded by M. Colantoni. The vote was 5-0 in favor. J. Simons abstained.
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ADJOURNMENT
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MOTION:
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A motion was made by R. Rowen to adjourn the meeting the meeting. The motion was seconded by M.
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Colantoni. The vote was unanimous.
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The meeting adjourned at 8:45pm.
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MEETING MATERIALS:
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Agenda, Delucia Way: Form J, Notice of Decision and Affidavit,
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Merrimack College in Partnership with Middlesex Islander, LLC: draft Decision, copy of continuance
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request, Eggleston Environmental stormwater management review dated 1/23/2012, 102 Peters Street:
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proposed site plan, proposed landscape plan, and areal view of property, North Andover Housing
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Authority “Fountain Drive”: GCG Associates, Inc detail sheet, proposed site plan, drainage diagram,
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post-development drainage plan, Eggleston Environments stormwater review response dated 1/26/2012,
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Conceptual Plan 100 Dale Street; Boston Hill CCRC, 1275 Turnpike Street Notice of Decision dated
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4/6/2010, Letter dated 2/6/2012 from Carol Hajjar McGravey RE: draft declaration of restriction The
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Shelter Group 1275 Turnpike St., Declaration of Restriction, assessor’s maps for intersection of Rt. 114
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and Rt. 125, assessor’s property cards 396, 404and 426 Andover Street, photos of surrounding area of Rt.
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114 and Rt. 125, draft meeting minutes January 17, 2012.
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