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HomeMy WebLinkAbout2013-01-15 Planning Board Minutes (4)Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki. L. McSherry, R. Rowen Absent: Staff Present: J. Tymon, J. Enright Meeting began at 7:02pm. ANR Molly Towne Road: Request to eliminate one lot. J. Tymon: There are currently 16 approved lots in this subdivision. The applicant would like to move lot lines and eliminate one of the lots. The Decision for the subdivision does not have any language that prohibits further subdivision of the lots or changes to the lot lines. Phil Christiansen, Christiansen and Sergi, Inc.: Reviewed with the Board the current, approved lot lines and the recommended change to the lot lines. MOTION A motion was made by D. Kellogg to recommend the Town Planner approve the Form A plan for Molly Towne Road. The motion was seconded by L. Rudnicki. The vote was unanimous. LOT RELEASE 72 Great Pond Road: Request for release of Lot 1. Tom Zahoruiko: A Form J has been submitted to release the lot from the covenant. J. Tymon: This is a three lot subdivision. Lot 1 has an existing home on it. This would release Lot 1 from the covenant. The mylars have been endorsed, the site opening bond has been posted, and the covenant has been recorded along with the Decision and plans. Everything that needs to be done to start the process for development has been completed. MOTION A motion was made by D. Kellogg to release the Form J for Lot 1, 72 Great Pond Road. The motion was seconded by R. Rowen. The vote was unanimous. PUBLIC HEARINGS CONTINUED PUBLIC HEARING, 72 Great Pond Road: Application for a Land Disturbance Permit. J. Tymon: An application for a Land Disturbance Permit was submitted and the public hearing was opened. Lisa Eggleston reviewed the application and determined that the permit was not necessary. Tom Zahoruiko is requesting to withdraw the application. MOTION A motion was made by R. Rowen to accept the Withdrawal Without Prejudice of the 72 Great Pond Road Land Disturbance Permit. The motion was seconded by D. Kellogg. The vote was unanimous. CONTINUED PUBLIC HEARING, 1018 Osgood Street: Application for Site Plan Review-Special Permit for proposed construction of a 2,250 sq. ft. coffee shop with drive-thru and associated site amenities including drive-thru lane and twenty five (25) parking spaces. In addition, applicant has filed for a Request of Determination of Applicability of Watershed Protection District Requirements. J. Tymon: Provided a summary of the stormwater, civil, and traffic review comments. The concerns with stormwater management include; the capability or any subsurface system to effectively recharge or treat ground water flow, the volume of discharge to Osgood Street would be 2x existing conditions, and the proposed system does not provide TSS removal. Civil reviewer suggests that section 8.1.8.f Land Bank Parking should apply to this project and that a basis should be provided for the waiver request Fiscal Impact and Community Impact. The Traffic reviewer has concerns that the queuing space from the exit driveway to the drive-thru is not adequate, there should be a slight change in grade at entrance, sidewalks would be beneficial, there is not enough adequate space for deliveries and truck circulation, lighting plan needs revision, and elevations should have an architect stamp. Mark Gross, MHF Design Consultants: Stated he will discuss the stormwater management concerns with L. Eggleston. The issues are not insurmountable. There is a request for reduction in parking from 27 required spaces to 19. Reviewed the trip generation, queuing and parking analysis that was completed. Provided comparison data for the North Andover, Ma, Methuen, Ma, and Salem, NH Dunkin’ Donuts sites. Including sidewalks would be difficult because there are no sidewalks currently on the abutting parcels and they can not construct a sidewalk that is not on their property. R. Rowen: Suggested installing a pathway to the abutting property for pedestrian traffic. M. Gross: Will look into options for accommodating pedestrian access. CONTINUED PUBLIC HEARING, 41 Second Street: Application for Special Permit-Site Plan Review. Applicant proposes to demolish an existing dwelling and to construct a new 3-unit residential building with an eight space, off street, parking lot. J. Tymon: This has been reviewed by L. Eggleston. The applicant has addressed all of the issues. An Operations and Maintenance Plan has been submitted and a swale has been added to the plan. J. Simons: What is the size of the existing structure and the proposed structure? Bill MacCleod, Andover Consultants, Inc.: The gross floor area of the existing structure is 1,930 sq. ft. and the proposed structure is 5,212 sq. ft. This has been before the ZBA for a four unit building and to accommodate the abutters it was reduced to three units. All of the abutters concerns were addressed. Requested some edits to the draft Decision, including; lower the proposed bond amount, eliminate the requirement for a draft copy of the Homeowner’s Agreement be provided for review by the Town’s attorney prior to the start of site work or construction, and to eliminate the requirement for an independent construction monitor. MOTION A motion was made by D. Kellogg to close the public hearing for 41 Second Street. The motion was seconded by L. McSherry. The vote was unanimous. A draft Decision was reviewed. MOTION A motion was made by R. Rowen to approve the Site Plan Review Special Permit for 41 Second Street, as amended. The motion was seconded by D. Kellogg. The vote was 5-0 in favor. J. Simons abstained. OTHER BUSINESS J. Tymon: Advised the Board that there will be a need to discuss zoning regulations for Medical Marijuana Dispensaries and for backyard chickens in the near future. J. Simons: Requested that J. Tymon research what surrounding towns are going to do in terms of zoning for medical marijuana. Also, raised a concern that the Town should start to think about zoning regulations for wind turbines. The discussion related to backyard chickens can wait until the public hearing or it can be discussed earlier. R. Rowen: Whether we recommend in favor or against it there will be a vote at Town Meeting that will require a two-thirds majority vote to pass. MEETING MINUTES: Approval of December 18, 2012 meeting minutes. MOTION A motion was made by L. Rudnicki to approve the December 18, 2012 meeting minutes. The motion was seconded by L. McSherry. The vote was 5-0 in favor. J. Simons abstained. ADJOURNMENT MOTION: A motion was made by L. Rudnicki to adjourn the meeting. The motion was seconded by M. Colantoni. The vote was unanimous. The meeting adjourned at 8:20pm. MEETING MATERIALS: Agenda, 1018 Osgood Street: Letter dated Jan. 4, 2013 from Daniel J. Mills, PE, PTOE MDM Transportation Consultants, Inc., Letter dated Dec. 30, 2012 from Joseph D. Peznola, PE Hancock Associates, Letter dated Jan. 7, 2013 from Lisa D. Eggleston, PE Eggleston Environmental, Proposed Site Development Plans for Map 35 Lot 19 1018 Osgood Street, North Andover, Massachusetts 01845 dated 12/7/12, summary of review notes dated 1/15/13, 41 Second Street: Draft Decision dated Jan. 15, 2013, Letter dated 1/15/13 from Judy Tymon, AICP re: medical marijuana, Letter dated 12/12/12 from Mike Parquette, Comprehensive Planning Manager re: medical marijuana issues, FAQ Regarding Medical Marijuana in Mass. Published 12/31/12, Letter dated 1/11/13 from Hillary Stasonis re: backyard chickens, draft 12/18/12 meeting minutes.