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HomeMy WebLinkAbout2012-02-07 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, February 7, 2012 Town Hall, 120 Main Street 7:00 PM 1 Present: J, Simons, T. Seibert, M. Colantoni, R. Glover, R. Rowen. D. Kellogg 2 Absent: 3 Staff Present: J. Tymon, J. Enright . 4 Meeting began at 7:00pm LOT RELEASE 5 6 Delucia Way: Form J 7 J. Tymon: A Form J for an original Lot Release references an incorrect Page. A closing Attorney has 8 drawn up an Affidavit explaining the over sight. The Planning Board can vote to authorize J. Tymon to 9 sign the affidavit. The Affidavit would then be recorded. MOTION 10 11 A motion was made by R. Glover to authorize J. Tymon to sign the Affidavit. The motion was seconded . 12 by M. Colantoni. The vote was unanimous 13 PUBLIC HEARINGS 14 15 CONTINUED PUBLIC HEARING: Merrimack College, 315 Turnpike Street, Application for Special 16 Permit – Site Plan Review. Applicant proposes to expand the Volpe Athletic Center and add 66 parking 17 spaces. 18 J. Tymon: The Andover Conservation Commission has signed an amended Order of Conditions for the 19 project. The NA Conservation Commission will likely be voting on the project on February 8, 2012. L. 20 Eggleston’s comments have all been addressed. 21 ABUTTERS: 22 Richard Byers, Attorney representing Alcott Village: this condominium complex shares an entrance off 23 Rt. 125. There will be an increase in traffic on this shared road. There has also been an issue with 24 headlights of cars driving out onto Rt. 125 reflecting directly into the condominium units. With the 25 increase in traffic this issue may worsen. Some screening is in place; however, there is still a problem 26 with the lights. 27 Brian Willett, Property manager for Alcott Village: With the increased traffic there will be more busses, 28 which have very high headlights. There are four homeowners that have been affected for a long time. 29 New trees have been installed and a new 7’ fence will be installed. There is also a speed bump that 30 causes the lights to shine at a higher level. A letter has been sent to Merrimack College to propose a 31 meeting and to discuss possibly restricting the outgoing traffic to this roadway after dusk or 8:00pm. This 32 problem has existed for many years. 33 J. Simons: How has the dialogue with Merrimack gone? 34 B. Willett: Slow. There has not been a response to the letter sent a month ago. He would like a meeting 35 with Merrimack to try to resolve the issue. 36 Jeff Doggett, Chief of Staff to the President of Merrimack College: Although unaware of the issue, 37 committed to work with the property manager and condominium owners to resolve the issue. 38 J. Simons: Suggested the two groups meet to resolve the issue rather than have the Board legislate it in a 39 Decision. MOTION 40 41 A motion was made by R. Glover to close the Public Hearing. The motion was seconded by R. Rowen. 42 The vote was unanimous. 43 Draft Decision was reviewed and amended. 1 PLANNING BOARD Meeting Minutes Tuesday, February 7, 2012 Town Hall, 120 Main Street 7:00 PM MOTION 44 45 A motion was made by R. Rowen to vote to approve the Site Plan Review for Merrimack College in 46 partnership with Middlesex Islanders, LLC, for the construction of the addition to the hockey rink at the 47 Volpe Athletic Center, as amended this evening. The motion was seconded by R. Glover. The vote was . 48 4-0. T. Seibert, M. Colantoni, R. Glover, and R. Rowen voted in favor. J. Simons abstained 49 NEW PUBLIC HEARING: 102 Peters Street, 50 Application for Special Permit-Site Plan Review. 51 Applicant proposes to raze a single family home and to construct a 2,745 sq. ft., single story, commercial 52 building with an eleven (11) parking space parking lot, landscaping, and site utilities. 53 J. Tymon: This is approximately a 13K sq. ft. parcel with an existing wood frame dwelling. The 54 proposed new building would be 12,745 sq ft with eleven parking spaces. The applicant has received 55 relief from the ZBA from section 9.1 and six variances. Civil and stormwater reviews have been done. 56 DPW sent a response letter today. There is a sewer easement on the eastern side of the property and 57 Town Engineer has an issue with the proximity of the proposed building to the sewer main. 58 Bill McCloud, Andover Consultants: Will meet with the Town Engineer to discuss and work out the 59 issues listed in his memo. 60 J. Tymon: The stormwater treatment system proposed is also of concern. They system proposed is an 61 underground infiltration system that would overflow into a dry well. L. Eggleston recommended soil 62 testing be done closer to the area of the dry well to confirm the separation from ground water. She is 63 concerned about the overflow into the dry well. If the dry well is in ground water there will not be any 64 storage. It would then overflow into the street. There is also a concern about the percentage of TSS 65 removal. Lastly, the potential of traffic queuing into the intersection of Rt. 114 and Peters Street should 66 be discussed. 67 B. McCloud: Reviewed what the relief granted by the ZBA was based on and the location of this parcel. 68 Presented the proposed architectural plans, location of building, parking lot, and landscaping. The 69 proposed building would be a single story office building and have a maximum of two professional 70 offices. Dermitt Kelly has completed a traffic study. He can come to a future meeting to discuss the 71 findings. 72 The Board expressed concern with the ability to easily enter and exit this site, the queue that may result 73 (especially during peak traffic hours), and the difficulty of separate commercial properties on small 74 footprints with individual curb cuts. Questioned if an alternative entrance was possible; such as, the 75 Merrimack College driveway or sharing the abutting property’s curb cut. 76 Jeffrey Sheehy, Petitioner, 330 S. Main, Andover: Has had conversations with the abutting property 77 owner; however, not related to a common driveway. Stated that people have been trying to combine all 78 four parcels for the past fifteen years and it is just not economically feasible. 79 B. McCloud: Reviewed the lighting, landscape and parking plan and discussed some trimming of brush 80 in the right of way that would be done in order to improve the site distance. 81 J. Simons: Requested a sketch of all four profiles of the building. 82 B. McCloud: Will continue to work through the DPW and stormwater issues. Dermitt Kelly will come to 83 the next meeting. 84 NEW PUBLIC HEARING: North Andover Housing Authority, Fountain Drive, 85 Application for 86 Special Permit-Site Plan Review. Applicant proposes to repave all existing roadway, parking areas and 87 bituminous walkways. Project includes reconstruction and addition of handicap ramps, re-grading and 88 widening of walkways, twenty four additional parking spaces, and minor landscaping. 2 PLANNING BOARD Meeting Minutes Tuesday, February 7, 2012 Town Hall, 120 Main Street 7:00 PM 89 J. Tymon: This project will help resolve some existing drainage issues. Signage, downspouts, and 90 handrails will also be improved. A rain garden will be added behind the community building which will 91 be maintained by the Housing Authority. There has been a stormwater review and all issues have been 92 addressed. 93 Mike Carter, Engineer from GCG Associates: Provided an overview of the location and scope of the 94 project, including landscaping, new paved areas, and sidewalk/walkway/roadway areas to be 95 reconstructed. 96 J. Simons: Suggested the meeting be kept open and a draft Decision be reviewed at the next meeting. 97 DISCUSSION 98 100 DALE STREET: 99 Possible Lot Subdivision. 100 J. Tymon: This is a four acre lot that previously had been re-zoned to R-1. The owner is interested in 101 dividing the Lot. 102 Phil Christiansen, Christiansen & Sergi Engineering: This property had been listed on the Assessor’s 103 card as being in the R-2 Zone. The parcel is surrounded by other parcels that are half acre to an acre with 104 the exception of a couple of two acre lots on Berrington Place. Subsequently it was discovered the parcel 105 is in the R-1 Zone. Alternative ways to subdivide the parcel were discussed. 106 J. Simons: The Board will consider something that is reasonably compliant. J. Tymon can work with 107 you. 108 THE SHELTER GROUP: 109 Condition No. 7.d of the CCRC Special Permit requires the imposition of a 110 recorded restriction that must be approved by the Planning Board. 111 J. Tymon: There is a condition within the Decision that states if the property is transferred to a non-profit 112 entity that non-profit entity would not get an exemption from local property taxes and that the non-profit 113 entity would agree to pay property taxes. Attorney John Smolak has put together a Declaration of 114 Restriction that has been reviewed by Town Counsel. 115 John Smolak, Representing The Shelter Group: The Declaration is almost identical to the Leland 116 Declaration that was approved a couple of months ago. The only changes are dealing with paragraph one 117 that has been approved by Town Counsel. MOTION 118 119 A motion was made by D. Kellogg to authorize J. Simons to sign the Declaration of Restriction for 120 Brightview North Andover, LLC. The motion was seconded by T. Seibert. The vote was unanimous. 121 RE-ZONING 122 the intersection of 114 and 125 from residential to commercial. 123 Curt Bellavance, Director of Community Development, North Andover: Advised the Board that he has 124 had conversations with the property owners of 396 Andover Street, R. Lafond, and 404 and 426 Andover 125 Street, T. Carroll, regarding re-zoning the area from Residential to Commercial. These two owners are 126 operating an insurance office and a real estate office as a home use occupation. They are interested in 127 seeing the use changed from Residential to Commercial, but not in upsetting the neighbors. Discussed re- 128 zoning possibilities including; uses of covenants, several different commercial districts, modifying active 129 re-use zones. Requested feedback from the Board as to whether they should pursue this. 130 J. Simons: Rezoning this area has been considered in the past and there was strong opposition from the 131 neighborhood. Restrictions in covenants may be appropriate for R. Lafond property; however, if T. 132 Carroll wants to do something he will have to come in with something crisp, succinct, and limited, and 133 has to sell it to the neighbors. 3 PLANNING BOARD Meeting Minutes Tuesday, February 7, 2012 Town Hall, 120 Main Street 7:00 PM 134 C. Bellavance: Neither owner has any specific plans. Having better signage was really the starting point 135 of the discussion because they have been limited within the Residential Zone. 136 R. Rowen: There is a paper street that runs between the properties. The neighbors were adamant that a 137 building not be built right in the middle of it. 138 C. Bellavance: Re-stated that the property owners are willing to take a step back and look into what the 139 best approach is to creating something more of a transition zone between heavier commercial uses and a 140 residential neighborhood. 141 J. Smolak: Handed out and discussed the assessor map of the area, assessor property cards for the three 142 properties and photos of the area. It is a transition zone and there is an existing established neighborhood 143 abutting these properties. These two property owners are looking to legitimize a full office use along with 144 better signage along Andover Street. In discussions with T. Carroll he has stated that he wants to keep his 145 two existing buildings within the same footprint. He is no longer considering a large building in the 146 middle of the right-of-way. Suggested an approach of looking at the CDD3 Zoning option and a covenant 147 to restrict the uses and to have a discussion with the neighbors to clearly identify what the property 148 owners are looking for in terms of uses. 149 J. Simons: Cautioned that there may not be enough time to be prepared for this year’s Town Meeting. 150 MEETING MINUTES 151 MOTION: 152 153 A motion was made by R. Rowen to approve the January 17, 2012 meeting minutes. The motion was 154 seconded by M. Colantoni. The vote was 5-0 in favor. J. Simons abstained. 155 ADJOURNMENT 156 MOTION: 157 158 A motion was made by R. Rowen to adjourn the meeting the meeting. The motion was seconded by M. 159 Colantoni. The vote was unanimous. 160 161 The meeting adjourned at 8:45pm. 162 MEETING MATERIALS: 163 Agenda, Delucia Way: Form J, Notice of Decision and Affidavit, 164 Merrimack College in Partnership with Middlesex Islander, LLC: draft Decision, copy of continuance 165 request, Eggleston Environmental stormwater management review dated 1/23/2012, 102 Peters Street: 166 proposed site plan, proposed landscape plan, and areal view of property, North Andover Housing 167 Authority “Fountain Drive”: GCG Associates, Inc detail sheet, proposed site plan, drainage diagram, 168 post-development drainage plan, Eggleston Environments stormwater review response dated 1/26/2012, 169 Conceptual Plan 100 Dale Street; Boston Hill CCRC, 1275 Turnpike Street Notice of Decision dated 170 4/6/2010, Letter dated 2/6/2012 from Carol Hajjar McGravey RE: draft declaration of restriction The 171 Shelter Group 1275 Turnpike St., Declaration of Restriction, assessor’s maps for intersection of Rt. 114 172 and Rt. 125, assessor’s property cards 396, 404and 426 Andover Street, photos of surrounding area of Rt. 173 114 and Rt. 125, draft meeting minutes January 17, 2012. 4