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HomeMy WebLinkAbout2012-04-03 Planning Board Minutes (4)Present: J. Simons, T. Seibert, M. Colantoni, R. Rowen, D. Kellogg, L. Rudnicki Absent: Staff Present: J. Tymon, J. Enright Meeting began at 7:00 pm. LOT RELEASE 166 Salem Street: Request for a Lot Release. J. Tymon: This is a three lot subdivision approved by the Board in 2009. Jack Cahill, owner of the existing home on one of the lots, is requesting a lot release for his lot so that he can get a building permit to put an addition onto his house. Ninety percent of the site work is complete. MOTION: A motion was made by D. Kellogg to release the lot for 166 Salem Street and to authorize the Town Planner to sign the Form J. The motion was seconded by M. Colantoni. The vote was unanimous. ANR Peach Tree Lane: Request by Kenneth Rea. J. Tymon: This request is for a lot line change. The Peach Tree subdivision is a PRD in the R-3 zoning district and requires lots to be 12,500 sq. ft. The remaining lot area after this lot line change will be 12,523 sq. ft. They also require a 50 foot perimeter no disturb, no tree cutting zone. Since the lot does not have a structure on it that is not a problem. MOTION: A motion was made to direct the Town Planner to sign off on the ANR form by R. Rowen. The motion was seconded by T. Seibert. The vote was unanimous. PUBLIC HEARINGS CONTINUED PUBLIC HEARING: 102 Peters Street, Application for Special Permit-Site Plan Review. Applicant proposes to raze a single family home and to construct a 2,745 sq. ft., single story commercial building with an eleven (11) parking space parking lot, landscaping, and site utilities. J. Tymon: A draft Decision has been prepared. At the last meeting all of the issues were addressed. Nothing else has come up between then and now. J. Simons: Stated he was not at the last meeting; however, has reviewed the meeting minutes and will participate in the Decision. MOTION: A motion was made by D. Kellogg to close the Public Hearing for 102 Peters Street. The motion was seconded by R. Rowen. The vote was unanimous. Draft Decision was reviewed. MOTION: A motion was made by R. Rowen to approve Special Permit for 102 Peters Street, as amended. The motion was seconded by M. Colantoni. The vote was unanimous. CONTINUED PUBLIC HEARING: 26 Main Street, Application for Special Permit-Site Plan Review. Applicant proposes construction of an eight (8) unit residential condominium project with two (2) parking spaces per unit on a lot with access to Main Street via existing easements on two (2) existing lots fronting Main Street at 22-24 and 28-30 Main Street and an existing curb cut at the noted lots. J. Tymon: The Board asked at the last meeting to get an opinion from Town Counsel as to what the Board has purview over and a copy of the response memo from Tom Urbelis has been distributed. Summarized the comments in the memo. There are some outstanding stormwater issues that need to be resolved. The third party civil review response was received today. The Fire Department has requested that the access lanes and traffic flow, existing parking, and visitor parking be indicated on the plans for both the proposed building and the two building units out front. The Fire Department could not comment on fire truck access until the in/out access lanes and parking are on the plans. In a meeting today with the applicant they have agreed to some changes to allow some better access to the property. Attorney Domenic Scalise, Representing the applicant: This project started in 2008. It is industrial land and the original application was for an industrial use, a storage facility. In February 2009 the storage facility application was approved. After that time the Overlay District was allowed in order to give some relief to the downtown area. Residential property is now an allowed use on an industrial piece of property and a Modification from the Zoning Board of Appears to allow this use has been approved. Bill McCloud, Andover Consultants, Inc: Reviewed the proposed access path into and out of the site. There would be one-way access between the two Main St. fronting buildings to the site, two-way traffic in front of the new eight unit building, a right hand turn only out of the new building site, and a one-way exit to Main Street along the side of 22-24 Main Street. D. Kellogg: What is the distance to the property line of the abutters on Saunders Street? B. McCloud: About six feet. There is a landscape buffer. R. Rowen: Who owns the entrance drive between the two buildings? B. McCloud: There is a property line right down the center of it. There are recorded easements which were provided with the application. D. Kellogg: Stated that Ellis Court, about a block up Main St., has a similar type structure on it; however, he estimated size to be slightly larger for seven units than the proposed structure for eight units. D. Scalise: Ellis Court had had units on it that were torn down and replaced with the current seven unit structure. Stated he was not aware of the lot or building size. B. McCloud: There are two parking spaces provided for each unit and the pavement in front of the units is 22’ so there is room for parking along the side of the pavement. J. Tymon: In the meeting today we discussed that the Board may want to see some architectural renderings. The applicant will provide that architectural design at the next meeting. D. Kellogg: Asked what the impact on the school system would be? J. Simons: Believed that it would be minimal. R. Rowen: If this were a commercial development there would be a requirement for a clear 25’ behind a parking space. Although not recommending going to 25’ from the proposed 22’ for the roadway there may be a waiver required. J. Simons: Stated he did not think it was a problem, but it may be difficult to turn around. What did the Fire Department say? J. Tymon: They are providing a hydrant. He was concerned about trucks being able to come out, but the biggest concern is usually with the ability to get the truck in. He did not have any major concerns; however, the Fire Department would like to see the access plan and parking plan. R. Rowen: What is the Plan for trash pickup and snow removal? B. McCloud: Trash removal will be handled by a private trash hauler on a certain day. There will not be a dumpster. The snow storage areas are shown on the plan. Chris Huntress, Huntress Associates: Reviewed the landscape plan, including a split rail fence along the back of the property. D. Kellogg: Suggested greenery in addition to the split rail fence. T. Seibert: Read a letter submitted by abutter John Cusack, Break Away Realty Trust 28 Main Street, dated April 3, 2012. J. Simons: The meeting will be continued until May 1, 2012. CONTINUED PUBLIC HEARING, 350 Great Pond Road: Application for a Watershed Special Permit. Applicant seeks to modify an existing single family home by constructing a 1,696 square foot addition to the existing structure, associated grading and landscaping in combination with the razing of an existing accessory structure (garage). J. Tymon: Based on comments made at the last meeting a draft Decision has been prepared and it includes conditions limiting tree cutting, no new lawn area, and that an additional garage can not be added to the property. J. Simons: Questioned whether there is a 25% maximum increase in square footage in the Bylaw that applies to this location. J. Tymon: 150% increase in gross floor area is allowed in the non-discharge zone. This would allow 4,049 sq. ft. and this home is proposed to be 4,042 sq. ft. J. Simon: Stated he would not vote on this because he missed the first hearing on this application. MOTION: A motion was made by R. Rowen to close the Public Hearing for 350 Great Pond Road. The motion was seconded by D. Kellogg. The vote was 4-0. J. Simons abstained. Draft Decision was reviewed. MOTION: A motion was made by R. Rowen to approve the Special Permit for 350 Great Pond Road, as amended this evening. The motion was seconded by D. Kellogg. The vote was 4-0 with T. Seibert, R. Rowen, D. Kellogg, and M. Colantoni voting in favor. J. Simons abstained. CONTINUED PUBLIC HEARING, 70 Elm Street: Application for a renewal of a Wireless Special Permit for the operation of an existing wireless communication facility within the Residential-4 (R-4) Zoning District under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw. J. Tymon: This application is for a renewal only, no changes to the installation. All required documents have been received. One of the Board members did ask that Mark Hutchins review the RF reports that have been received for the site and provide comparison data for what was first estimated for RF emissions v. actual measurements. Reviewed M. Hutchins response to that question. T. Seibert: Recused himself from the hearing. J. Simons: Stated that he has reviewed the minutes and that he will be voting on this application. Bill McQuade, Representing Metro PCS along with Peter Morin, Counsel for Metro PCS: Stated that he concurs with what J. Tymon just read from the M. Hutchins report. The three SiteSafe reports and the original Dr Haas Report are similar. This application is strictly for a renewal of the Special Permit that was granted March 3, 2009. Thea Fournier, 247 Main Street: Stated that the Trinitarian Church is a beautiful church located in the heart of the historic mill town residential neighborhood. The residential home owners could not put a steeple on their houses. The church is different. According to the Dover Amendment churches are generally exempt from Zoning regulations because they are for religious and educational purposes only. The church is a place of worship; therefore, the Dover Amendment allows them to have a steeple in a residential zone. The Trinitarian Church chose to take advantage of the community, the neighborhood and put a commercial business in a place of worship. Essentially, it is now a radio station, not just a place of worship anymore. It violates the Dover Amendment. Requested that the Planning Board postpone their granting a renewal of the Metro PCS permit until mid-April because a major decision on the Dover Amendment is due from the Massachusetts Supreme Judicial Court in the case of Regis College v. the Town of Weston. J. Simons: A Decision has not been prepared so it will not be voted on tonight. This hearing will be continued to May 1, 2012. CONTINUED PUBLIC HEARING, 358 Dale Street: Application for a Watershed Special Permit. Applicant seeks to construct a new single family residential dwelling along with associated driveway, landscaping, utility and other improvements. J. Tymon: L. Eggleston has done a stormwater review. The applicant has responded and provided a new plan. They are proposing some porous pavement. L. Eggleston required the detail of the under drain, that the Board consider putting a condition in place so that there is no further pervious pavement, no seal coating of the pervious area, and that regular maintenance be provided for the porous pavement. A defined limit of clearing has been added to the plan. The applicant has increased the buffer area on the west side and added some landscaping to the front. J. Simons: Does L. Eggleston absolutely, positively believe that they are doing all Best Management Practices. A lot of the recent Watershed Special Permit applications have been additions or tear downs and replacements. This application is net new. J. Tymon: L. Eggleston has been out for a couple of weeks, but she will review their second submittal. It is outside of the non-disturb, but inside the non-discharge zone. She has been as rigorous with this application as she has been with others. J. Smolak, Smolak and Vaughn representing the applicant: All of the comments provided by Eggleston Environmental have been addressed. We have had a consultation with the Environmental Species Program and comments from this program were to try to move the improvements to the west, or to the left of the lot, as much as possible or practical. We think their concerns have been adequately addressed. Their concerns will be formerly addressed at the Conservation Commission as part of a joint filing process. We feel that National Heritage will issue a letter indicating that they are satisfied with the design through the Conservation Commission process. The filing with Con Com will be made next week. Once the NOI filing is received by Natural Heritage they have thirty days in which to comment. J. Simons: Reviewed the timing of the Lot being created and the applicability of zoning. J. Smolak: Described the changes to the limit of clearing on the plan. J. Smolak: Requested that a draft Decision be prepared for the May 1, 2012 meeting. The Board’s consensus was that along as all major issues are resolved well in advance that would not be a problem. J. Simons: When would Con Com render a Decision? J. Smolak: Most likely well beyond the time period for this Board rendering a Decision. J. Simons: Preference would be to have them vote before the Planning Board. D. Kellogg: Cautioned that they may want to block off the dirt pathway on the side of the lot. J. Simons: Will discuss it with the applicant. It is an existing condition and will not be altered. NEW PUBLIC HEARING, 498 Chickering Road: Application for Special Permit-Site Plan Review. Applicant proposes demolition of a Mobil gas station and construction of a 3,159 sq. ft. bank building, with three drive-through bays, twenty four (24) parking spaces, landscaping and stormwater management in the General Business Zone (GB). J. Tymon: In 2008 the Planning Board had approved a drive-through Starbucks at this location that was never built. The project has a DEP Sensitive Use restriction because there was previously a gas station on this site. L. Eggleston and DPW have reviewed the application and their comments have been sent to the applicant. The civil engineering review has not been completed yet. Steve Stapinski, Merrimack Engineering: Described a Form A that was completed last year that subdivided a portion of land on an abutting property and added that portion of land to 498 Chickering Road. Therefore, the perimeter of the lot today is different the perimeter of the lot when the Starbucks Site Plan was approved. The site is now larger and has a more “regular” shape. Showed the Board where the residential uses near this lot are located. There are thee residential units on Franklin Street and one on the corner of Franklin St and Allen St. The portion of land that was added to 498 Chickering Rd. was zoned as General Business, same as the applicant’s parcel. There are three unrestricted, existing curb cuts; one on Park Street and two on Rt. 125. The access onto Park Street would be removed. The curb cut furthest away from the Park St. and Rt. 125 intersection would be two way, traffic coming into and out of the parcel. The curb cut closest to the Park St. 125 intersection will be exit traffic only. Described the proposed site plan; including, parking, building location, drive-through location and queuing lanes. The site is serviced with town water and sewer. The proposal is to grade the site so to collect all the stormwater in the pervious areas in catch basins. There will be discharging into a grass treatment swale and then into a culvert on Franklin St. that connects into Rt. 125. The amount of impervious area will be reduced approximately 10% compared to what is there today. Jerry Blake, DRL Architects: Described the exterior materials, windows, lightening, elevations, and architectural design of the proposed building. There will be a canopy over the first two drive-through lanes with an extension off the end to protect the third lane. J. Simons: Requested photographs of similar Lowell Five Banks for the next meeting. Chris Huntress, Huntress Associates: Showed a detail lighting plan to the Board. Described the landscape plan and the buffering from the neighboring properties. Dermit Kelly, Traffic Engineer: Reviewed a memo he completed in 2007 that was reviewed by VHB, peer reviewer. At this time there were two two-way driveways. This proposal is for one two-way driveway and one one-way driveway. Stated the advantages of this design and reviewed the data from the traffic study that was done at the time of the Starbucks application. J. Simons: This will be continued until the next meeting. OTHER BUSINESS: J. Tymon: Discussed scheduling for the Zoning Public Hearing for the Annual Town Meeting. J. Simons: Commented he would like to get as much information of what is going to be done as possible for 1018 Osgood Street. MEETING MINUTES: Approval of March 20, 2012 meeting minutes. MOTION: A motion was made by R. Rowen to approve the March 20, 2012 meeting minutes. The motion was seconded by D. Kellogg. The vote was unanimous. ADJOURNMENT MOTION: A motion was made by T. Seibert to adjourn the meeting. The motion was seconded by M. Colantoni. The vote was unanimous. The meeting adjourned at 9:05 pm. MEETING MATERIALS: Agenda, Form A application Peach Tree Lane dated March 29, 2012 and associated site plan, Draft Decision 102 Peters Street dated April 3, 2012, Draft Decision 350 Great Pond Road dated April 3, 2012, 26 Main Street: Civil review response letter dated March 19, 2012 from Andover Consultants, Stormwater response letter dated March 29, 2012 from Andover Consultants, Inc., Tim Willet response letter dated April 2, 2012, Tom Urbelis response letter dated March 29, 2012, Site Plan “Pondview” dated Jan. 19, 2012 and rev March 12, 2012, Sections 8.1, 8.3, and 18 North Andover Bylaw, Letter dated April 3, 2012 from John Cusack Break Away Realty Trust 28 Main Street, 166 Salem St: Definitive Subdivision Plan “The Captain Nathaniel Berry Homestead” dated January 9, 2009, 70 Elm Street: Mark F. Hutchins response letter dated March 31, 2012, Letter dated March 29, 2012 from John T. Smolak RE: 358 Dale Street response to peer review comments and other matters, email from Leddick, Jesse state of ma., to John Smolak RE: 358 Dale Street NA – NHESP (file 12-30708), Site Plan 358 Dale Street dated March 27, 2012, 498 Chickering Road: Response letter dated April 3, 2012 from Gene Willis, Response letter dated April 2, 20122 from Gene Willis, Response letter dated March 26, 2012 from Eggleston Environmental, Site Permit Plan Proposed Bank Facility Plan of Land Lowell Five pages 3 of 5 and 4 of 5, draft meeting minutes for March 20, 2012.