HomeMy WebLinkAbout2012-04-03 Planning Board Minutes
PLANNING BOARD
Meeting Minutes
Tuesday, April 3, 2012
Town Hall, 120 Main Street
7:00 PM
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Present: J. Simons, T. Seibert, M. Colantoni, R. Rowen, D. Kellogg, L. Rudnicki
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Absent:
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Staff Present: J. Tymon, J. Enright
.
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Meeting began at 7:00 pm
LOT RELEASE
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166 Salem Street: Request for a Lot Release.
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J. Tymon: This is a three lot subdivision approved by the Board in 2009. Jack Cahill, owner of
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the existing home on one of the lots, is requesting a lot release for his lot so that he can get a
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building permit to put an addition onto his house. Ninety percent of the site work is complete.
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MOTION:
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A motion was made by D. Kellogg to release the lot for 166 Salem Street and to authorize the
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Town Planner to sign the Form J. The motion was seconded by M. Colantoni. The vote was
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unanimous.
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ANR
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Peach Tree Lane: Request by Kenneth Rea.
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J. Tymon: This request is for a lot line change. The Peach Tree subdivision is a PRD in the R-3
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zoning district and requires lots to be 12,500 sq. ft. The remaining lot area after this lot line
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change will be 12,523 sq. ft. They also require a 50 foot perimeter no disturb, no tree cutting
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zone. Since the lot does not have a structure on it that is not a problem.
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MOTION:
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A motion was made to direct the Town Planner to sign off on the ANR form by R. Rowen. The
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motion was seconded by T. Seibert. The vote was unanimous.
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PUBLIC HEARINGS
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CONTINUED PUBLIC HEARING: 102 Peters Street, Application for Special Permit-Site Plan
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Review. Applicant proposes to raze a single family home and to construct a 2,745 sq. ft., single
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story commercial building with an eleven (11) parking space parking lot, landscaping, and site
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utilities.
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J. Tymon: A draft Decision has been prepared. At the last meeting all of the issues were
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addressed. Nothing else has come up between then and now.
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J. Simons: Stated he was not at the last meeting; however, has reviewed the meeting minutes
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and will participate in the Decision.
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MOTION:
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A motion was made by D. Kellogg to close the Public Hearing for 102 Peters Street. The motion
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was seconded by R. Rowen. The vote was unanimous.
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Draft Decision was reviewed.
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MOTION:
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A motion was made by R. Rowen to approve Special Permit for 102 Peters Street, as amended.
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The motion was seconded by M. Colantoni. The vote was unanimous.
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PLANNING BOARD
Meeting Minutes
Tuesday, April 3, 2012
Town Hall, 120 Main Street
7:00 PM
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CONTINUED PUBLIC HEARING: 26 Main Street, Application for Special Permit-Site Plan
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Review. Applicant proposes construction of an eight (8) unit residential condominium project
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with two (2) parking spaces per unit on a lot with access to Main Street via existing easements on
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two (2) existing lots fronting Main Street at 22-24 and 28-30 Main Street and an existing curb
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cut at the noted lots.
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J. Tymon: The Board asked at the last meeting to get an opinion from Town Counsel as to what
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the Board has purview over and a copy of the response memo from Tom Urbelis has been
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distributed. Summarized the comments in the memo. There are some outstanding stormwater
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issues that need to be resolved. The third party civil review response was received today. The
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Fire Department has requested that the access lanes and traffic flow, existing parking, and visitor
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parking be indicated on the plans for both the proposed building and the two building units out
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front. The Fire Department could not comment on fire truck access until the in/out access lanes
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and parking are on the plans. In a meeting today with the applicant they have agreed to some
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changes to allow some better access to the property.
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Attorney Domenic Scalise, Representing the applicant: This project started in 2008. It is
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industrial land and the original application was for an industrial use, a storage facility. In
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February 2009 the storage facility application was approved. After that time the Overlay District
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was allowed in order to give some relief to the downtown area. Residential property is now an
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allowed use on an industrial piece of property and a Modification from the Zoning Board of
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Appears to allow this use has been approved.
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Bill McCloud, Andover Consultants, Inc: Reviewed the proposed access path into and out of the
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site. There would be one-way access between the two Main St. fronting buildings to the site,
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two-way traffic in front of the new eight unit building, a right hand turn only out of the new
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building site, and a one-way exit to Main Street along the side of 22-24 Main Street.
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D. Kellogg: What is the distance to the property line of the abutters on Saunders Street?
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B. McCloud: About six feet. There is a landscape buffer.
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R. Rowen: Who owns the entrance drive between the two buildings?
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B. McCloud: There is a property line right down the center of it. There are recorded easements
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which were provided with the application.
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D. Kellogg: Stated that Ellis Court, about a block up Main St., has a similar type structure on it;
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however, he estimated size to be slightly larger for seven units than the proposed structure for
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eight units.
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D. Scalise: Ellis Court had had units on it that were torn down and replaced with the current
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seven unit structure. Stated he was not aware of the lot or building size.
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B. McCloud: There are two parking spaces provided for each unit and the pavement in front of
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the units is 22’ so there is room for parking along the side of the pavement.
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J. Tymon: In the meeting today we discussed that the Board may want to see some architectural
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renderings. The applicant will provide that architectural design at the next meeting.
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D. Kellogg: Asked what the impact on the school system would be?
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J. Simons: Believed that it would be minimal.
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PLANNING BOARD
Meeting Minutes
Tuesday, April 3, 2012
Town Hall, 120 Main Street
7:00 PM
R. Rowen: If this were a commercial development there would be a requirement for a clear 25’
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behind a parking space. Although not recommending going to 25’ from the proposed 22’ for the
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roadway there may be a waiver required.
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J. Simons: Stated he did not think it was a problem, but it may be difficult to turn around. What
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did the Fire Department say?
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J. Tymon: They are providing a hydrant. He was concerned about trucks being able to come
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out, but the biggest concern is usually with the ability to get the truck in. He did not have any
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major concerns; however, the Fire Department would like to see the access plan and parking
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plan.
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R. Rowen: What is the Plan for trash pickup and snow removal?
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B. McCloud: Trash removal will be handled by a private trash hauler on a certain day. There will
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not be a dumpster. The snow storage areas are shown on the plan.
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Chris Huntress, Huntress Associates: Reviewed the landscape plan, including a split rail fence
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along the back of the property.
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D. Kellogg: Suggested greenery in addition to the split rail fence.
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T. Seibert: Read a letter submitted by abutter John Cusack, Break Away Realty Trust 28 Main
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Street, dated April 3, 2012.
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J. Simons: The meeting will be continued until May 1, 2012.
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CONTINUED PUBLIC HEARING, 350 Great Pond Road: Application for a Watershed Special
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Permit. Applicant seeks to modify an existing single family home by constructing a 1,696 square
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foot addition to the existing structure, associated grading and landscaping in combination with
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the razing of an existing accessory structure (garage).
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J. Tymon: Based on comments made at the last meeting a draft Decision has been prepared and it
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includes conditions limiting tree cutting, no new lawn area, and that an additional garage can not
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be added to the property.
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J. Simons: Questioned whether there is a 25% maximum increase in square footage in the Bylaw
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that applies to this location.
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J. Tymon: 150% increase in gross floor area is allowed in the non-discharge zone. This would
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allow 4,049 sq. ft. and this home is proposed to be 4,042 sq. ft.
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J. Simon: Stated he would not vote on this because he missed the first hearing on this
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application.
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MOTION:
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A motion was made by R. Rowen to close the Public Hearing for 350 Great Pond Road. The
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motion was seconded by D. Kellogg. The vote was 4-0. J. Simons abstained.
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Draft Decision was reviewed.
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MOTION:
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A motion was made by R. Rowen to approve the Special Permit for 350 Great Pond Road, as
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amended this evening. The motion was seconded by D. Kellogg. The vote was 4-0 with T.
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Seibert, R. Rowen, D. Kellogg, and M. Colantoni voting in favor. J. Simons abstained.
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CONTINUED PUBLIC HEARING, 70 Elm Street: Application for a renewal of a Wireless
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Special Permit for the operation of an existing wireless communication facility within the
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PLANNING BOARD
Meeting Minutes
Tuesday, April 3, 2012
Town Hall, 120 Main Street
7:00 PM
Residential-4 (R-4) Zoning District under Sections 8.9 and 10.3 of the North Andover Zoning
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Bylaw.
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J. Tymon: This application is for a renewal only, no changes to the installation. All required
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documents have been received. One of the Board members did ask that Mark Hutchins review
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the RF reports that have been received for the site and provide comparison data for what was
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first estimated for RF emissions v. actual measurements. Reviewed M. Hutchins response to that
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question.
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T. Seibert: Recused himself from the hearing.
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J. Simons: Stated that he has reviewed the minutes and that he will be voting on this application.
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Bill McQuade, Representing Metro PCS along with Peter Morin, Counsel for Metro PCS: Stated
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that he concurs with what J. Tymon just read from the M. Hutchins report. The three SiteSafe
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reports and the original Dr Haas Report are similar. This application is strictly for a renewal of
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the Special Permit that was granted March 3, 2009.
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Thea Fournier, 247 Main Street: Stated that the Trinitarian Church is a beautiful church located
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in the heart of the historic mill town residential neighborhood. The residential home owners
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could not put a steeple on their houses. The church is different. According to the Dover
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Amendment churches are generally exempt from Zoning regulations because they are for
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religious and educational purposes only. The church is a place of worship; therefore, the Dover
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Amendment allows them to have a steeple in a residential zone. The Trinitarian Church chose to
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take advantage of the community, the neighborhood and put a commercial business in a place of
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worship. Essentially, it is now a radio station, not just a place of worship anymore. It violates
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the Dover Amendment. Requested that the Planning Board postpone their granting a renewal of
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the Metro PCS permit until mid-April because a major decision on the Dover Amendment is due
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from the Massachusetts Supreme Judicial Court in the case of Regis College v. the Town of
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Weston.
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J. Simons: A Decision has not been prepared so it will not be voted on tonight. This hearing
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will be continued to May 1, 2012.
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CONTINUED PUBLIC HEARING, 358 Dale Street: Application for a Watershed Special
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Permit. Applicant seeks to construct a new single family residential dwelling along with
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associated driveway, landscaping, utility and other improvements.
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J. Tymon: L. Eggleston has done a stormwater review. The applicant has responded and
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provided a new plan. They are proposing some porous pavement. L. Eggleston required the
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detail of the under drain, that the Board consider putting a condition in place so that there is no
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further pervious pavement, no seal coating of the pervious area, and that regular maintenance be
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provided for the porous pavement. A defined limit of clearing has been added to the plan. The
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applicant has increased the buffer area on the west side and added some landscaping to the front.
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J. Simons: Does L. Eggleston absolutely, positively believe that they are doing all Best
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Management Practices. A lot of the recent Watershed Special Permit applications have been
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additions or tear downs and replacements. This application is net new.
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J. Tymon: L. Eggleston has been out for a couple of weeks, but she will review their second
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submittal. It is outside of the non-disturb, but inside the non-discharge zone. She has been as
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rigorous with this application as she has been with others.
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PLANNING BOARD
Meeting Minutes
Tuesday, April 3, 2012
Town Hall, 120 Main Street
7:00 PM
J. Smolak, Smolak and Vaughn representing the applicant: All of the comments provided by
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Eggleston Environmental have been addressed. We have had a consultation with the
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Environmental Species Program and comments from this program were to try to move the
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improvements to the west, or to the left of the lot, as much as possible or practical. We think
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their concerns have been adequately addressed. Their concerns will be formerly addressed at the
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Conservation Commission as part of a joint filing process. We feel that National Heritage will
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issue a letter indicating that they are satisfied with the design through the Conservation
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Commission process. The filing with Con Com will be made next week. Once the NOI filing is
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received by Natural Heritage they have thirty days in which to comment.
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J. Simons: Reviewed the timing of the Lot being created and the applicability of zoning.
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J. Smolak: Described the changes to the limit of clearing on the plan.
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J. Smolak: Requested that a draft Decision be prepared for the May 1, 2012 meeting.
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The Board’s consensus was that along as all major issues are resolved well in advance that would
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not be a problem.
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J. Simons: When would Con Com render a Decision?
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J. Smolak: Most likely well beyond the time period for this Board rendering a Decision.
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J. Simons: Preference would be to have them vote before the Planning Board.
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D. Kellogg: Cautioned that they may want to block off the dirt pathway on the side of the lot.
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J. Simons: Will discuss it with the applicant. It is an existing condition and will not be altered.
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NEW PUBLIC HEARING, 498 Chickering Road: Application for Special Permit-Site Plan
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Review. Applicant proposes demolition of a Mobil gas station and construction of a 3,159 sq. ft.
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bank building, with three drive-through bays, twenty four (24) parking spaces, landscaping and
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stormwater management in the General Business Zone (GB).
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J. Tymon: In 2008 the Planning Board had approved a drive-through Starbucks at this location
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that was never built. The project has a DEP Sensitive Use restriction because there was
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previously a gas station on this site. L. Eggleston and DPW have reviewed the application and
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their comments have been sent to the applicant. The civil engineering review has not been
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completed yet.
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Steve Stapinski, Merrimack Engineering: Described a Form A that was completed last year that
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subdivided a portion of land on an abutting property and added that portion of land to 498
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Chickering Road. Therefore, the perimeter of the lot today is different the perimeter of the lot
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when the Starbucks Site Plan was approved. The site is now larger and has a more “regular”
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shape. Showed the Board where the residential uses near this lot are located. There are thee
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residential units on Franklin Street and one on the corner of Franklin St and Allen St. The
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portion of land that was added to 498 Chickering Rd. was zoned as General Business, same as
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the applicant’s parcel. There are three unrestricted, existing curb cuts; one on Park Street and
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two on Rt. 125. The access onto Park Street would be removed. The curb cut furthest away
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from the Park St. and Rt. 125 intersection would be two way, traffic coming into and out of the
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parcel. The curb cut closest to the Park St. 125 intersection will be exit traffic only. Described
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the proposed site plan; including, parking, building location, drive-through location and queuing
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lanes. The site is serviced with town water and sewer. The proposal is to grade the site so to
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collect all the stormwater in the pervious areas in catch basins. There will be discharging into a
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PLANNING BOARD
Meeting Minutes
Tuesday, April 3, 2012
Town Hall, 120 Main Street
7:00 PM
grass treatment swale and then into a culvert on Franklin St. that connects into Rt. 125. The
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amount of impervious area will be reduced approximately 10% compared to what is there today.
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Jerry Blake, DRL Architects: Described the exterior materials, windows, lightening, elevations,
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and architectural design of the proposed building. There will be a canopy over the first two
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drive-through lanes with an extension off the end to protect the third lane.
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J. Simons: Requested photographs of similar Lowell Five Banks for the next meeting.
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Chris Huntress, Huntress Associates: Showed a detail lighting plan to the Board. Described the
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landscape plan and the buffering from the neighboring properties.
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Dermit Kelly, Traffic Engineer: Reviewed a memo he completed in 2007 that was reviewed by
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VHB, peer reviewer. At this time there were two two-way driveways. This proposal is for one
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two-way driveway and one one-way driveway. Stated the advantages of this design and
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reviewed the data from the traffic study that was done at the time of the Starbucks application.
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J. Simons: This will be continued until the next meeting.
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OTHER BUSINESS
:
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J. Tymon: Discussed scheduling for the Zoning Public Hearing for the Annual Town Meeting.
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J. Simons: Commented he would like to get as much information of what is going to be done as
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possible for 1018 Osgood Street.
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:
MEETING MINUTES
Approval of March 20, 2012 meeting minutes.
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MOTION:
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A motion was made by R. Rowen to approve the March 20, 2012 meeting minutes. The motion
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was seconded by D. Kellogg. The vote was unanimous.
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ADJOURNMENT
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MOTION:
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A motion was made by T. Seibert to adjourn 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 9:05 pm.
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MEETING MATERIALS:
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Agenda, Form A application Peach Tree Lane dated March 29, 2012 and
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associated site plan, Draft Decision 102 Peters Street dated April 3, 2012, Draft Decision 350 Great Pond
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Road dated April 3, 2012, 26 Main Street: Civil review response letter dated March 19, 2012 from
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Andover Consultants, Stormwater response letter dated March 29, 2012 from Andover Consultants, Inc.,
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Tim Willet response letter dated April 2, 2012, Tom Urbelis response letter dated March 29, 2012, Site
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Plan “Pondview” dated Jan. 19, 2012 and rev March 12, 2012, Sections 8.1, 8.3, and 18 North Andover
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Bylaw, Letter dated April 3, 2012 from John Cusack Break Away Realty Trust 28 Main Street, 166
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Salem St: Definitive Subdivision Plan “The Captain Nathaniel Berry Homestead” dated January 9, 2009,
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70 Elm Street: Mark F. Hutchins response letter dated March 31, 2012, Letter dated March 29, 2012 from
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John T. Smolak RE: 358 Dale Street response to peer review comments and other matters, email from
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Leddick, Jesse state of ma., to John Smolak RE: 358 Dale Street NA – NHESP (file 12-30708), Site Plan
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358 Dale Street dated March 27, 2012, 498 Chickering Road: Response letter dated April 3, 2012 from
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Gene Willis, Response letter dated April 2, 20122 from Gene Willis, Response letter dated March 26,
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2012 from Eggleston Environmental, Site Permit Plan Proposed Bank Facility Plan of Land Lowell Five
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pages 3 of 5 and 4 of 5, draft meeting minutes for March 20, 2012.
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