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HomeMy WebLinkAbout2012-04-03 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, April 3, 2012 Town Hall, 120 Main Street 7:00 PM 1 Present: J. Simons, T. Seibert, M. Colantoni, R. Rowen, D. Kellogg, L. Rudnicki 2 Absent: 3 Staff Present: J. Tymon, J. Enright . 4 Meeting began at 7:00 pm LOT RELEASE 5 166 Salem Street: Request for a Lot Release. 6 J. Tymon: This is a three lot subdivision approved by the Board in 2009. Jack Cahill, owner of 7 the existing home on one of the lots, is requesting a lot release for his lot so that he can get a 8 building permit to put an addition onto his house. Ninety percent of the site work is complete. 9 MOTION: 10 A motion was made by D. Kellogg to release the lot for 166 Salem Street and to authorize the 11 Town Planner to sign the Form J. The motion was seconded by M. Colantoni. The vote was 12 unanimous. 13 14 ANR 15 Peach Tree Lane: Request by Kenneth Rea. 16 J. Tymon: This request is for a lot line change. The Peach Tree subdivision is a PRD in the R-3 17 zoning district and requires lots to be 12,500 sq. ft. The remaining lot area after this lot line 18 change will be 12,523 sq. ft. They also require a 50 foot perimeter no disturb, no tree cutting 19 zone. Since the lot does not have a structure on it that is not a problem. 20 MOTION: 21 A motion was made to direct the Town Planner to sign off on the ANR form by R. Rowen. The 22 motion was seconded by T. Seibert. The vote was unanimous. 23 24 PUBLIC HEARINGS 25 CONTINUED PUBLIC HEARING: 102 Peters Street, Application for Special Permit-Site Plan 26 Review. Applicant proposes to raze a single family home and to construct a 2,745 sq. ft., single 27 story commercial building with an eleven (11) parking space parking lot, landscaping, and site 28 utilities. 29 J. Tymon: A draft Decision has been prepared. At the last meeting all of the issues were 30 addressed. Nothing else has come up between then and now. 31 J. Simons: Stated he was not at the last meeting; however, has reviewed the meeting minutes 32 and will participate in the Decision. 33 MOTION: 34 A motion was made by D. Kellogg to close the Public Hearing for 102 Peters Street. The motion 35 was seconded by R. Rowen. The vote was unanimous. 36 Draft Decision was reviewed. 37 MOTION: 38 A motion was made by R. Rowen to approve Special Permit for 102 Peters Street, as amended. 39 The motion was seconded by M. Colantoni. The vote was unanimous. 40 1 PLANNING BOARD Meeting Minutes Tuesday, April 3, 2012 Town Hall, 120 Main Street 7:00 PM 41 CONTINUED PUBLIC HEARING: 26 Main Street, Application for Special Permit-Site Plan 42 Review. Applicant proposes construction of an eight (8) unit residential condominium project 43 with two (2) parking spaces per unit on a lot with access to Main Street via existing easements on 44 two (2) existing lots fronting Main Street at 22-24 and 28-30 Main Street and an existing curb 45 cut at the noted lots. 46 J. Tymon: The Board asked at the last meeting to get an opinion from Town Counsel as to what 47 the Board has purview over and a copy of the response memo from Tom Urbelis has been 48 distributed. Summarized the comments in the memo. There are some outstanding stormwater 49 issues that need to be resolved. The third party civil review response was received today. The 50 Fire Department has requested that the access lanes and traffic flow, existing parking, and visitor 51 parking be indicated on the plans for both the proposed building and the two building units out 52 front. The Fire Department could not comment on fire truck access until the in/out access lanes 53 and parking are on the plans. In a meeting today with the applicant they have agreed to some 54 changes to allow some better access to the property. 55 Attorney Domenic Scalise, Representing the applicant: This project started in 2008. It is 56 industrial land and the original application was for an industrial use, a storage facility. In 57 February 2009 the storage facility application was approved. After that time the Overlay District 58 was allowed in order to give some relief to the downtown area. Residential property is now an 59 allowed use on an industrial piece of property and a Modification from the Zoning Board of 60 Appears to allow this use has been approved. 61 Bill McCloud, Andover Consultants, Inc: Reviewed the proposed access path into and out of the 62 site. There would be one-way access between the two Main St. fronting buildings to the site, 63 two-way traffic in front of the new eight unit building, a right hand turn only out of the new 64 building site, and a one-way exit to Main Street along the side of 22-24 Main Street. 65 D. Kellogg: What is the distance to the property line of the abutters on Saunders Street? 66 B. McCloud: About six feet. There is a landscape buffer. 67 R. Rowen: Who owns the entrance drive between the two buildings? 68 B. McCloud: There is a property line right down the center of it. There are recorded easements 69 which were provided with the application. 70 D. Kellogg: Stated that Ellis Court, about a block up Main St., has a similar type structure on it; 71 however, he estimated size to be slightly larger for seven units than the proposed structure for 72 eight units. 73 D. Scalise: Ellis Court had had units on it that were torn down and replaced with the current 74 seven unit structure. Stated he was not aware of the lot or building size. 75 B. McCloud: There are two parking spaces provided for each unit and the pavement in front of 76 the units is 22’ so there is room for parking along the side of the pavement. 77 J. Tymon: In the meeting today we discussed that the Board may want to see some architectural 78 renderings. The applicant will provide that architectural design at the next meeting. 79 D. Kellogg: Asked what the impact on the school system would be? 80 J. Simons: Believed that it would be minimal. 81 2 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’ 82 behind a parking space. Although not recommending going to 25’ from the proposed 22’ for the 83 roadway there may be a waiver required. 84 J. Simons: Stated he did not think it was a problem, but it may be difficult to turn around. What 85 did the Fire Department say? 86 J. Tymon: They are providing a hydrant. He was concerned about trucks being able to come 87 out, but the biggest concern is usually with the ability to get the truck in. He did not have any 88 major concerns; however, the Fire Department would like to see the access plan and parking 89 plan. 90 R. Rowen: What is the Plan for trash pickup and snow removal? 91 B. McCloud: Trash removal will be handled by a private trash hauler on a certain day. There will 92 not be a dumpster. The snow storage areas are shown on the plan. 93 Chris Huntress, Huntress Associates: Reviewed the landscape plan, including a split rail fence 94 along the back of the property. 95 D. Kellogg: Suggested greenery in addition to the split rail fence. 96 T. Seibert: Read a letter submitted by abutter John Cusack, Break Away Realty Trust 28 Main 97 Street, dated April 3, 2012. 98 J. Simons: The meeting will be continued until May 1, 2012. 99 100 CONTINUED PUBLIC HEARING, 350 Great Pond Road: Application for a Watershed Special 101 Permit. Applicant seeks to modify an existing single family home by constructing a 1,696 square 102 foot addition to the existing structure, associated grading and landscaping in combination with 103 the razing of an existing accessory structure (garage). 104 J. Tymon: Based on comments made at the last meeting a draft Decision has been prepared and it 105 includes conditions limiting tree cutting, no new lawn area, and that an additional garage can not 106 be added to the property. 107 J. Simons: Questioned whether there is a 25% maximum increase in square footage in the Bylaw 108 that applies to this location. 109 J. Tymon: 150% increase in gross floor area is allowed in the non-discharge zone. This would 110 allow 4,049 sq. ft. and this home is proposed to be 4,042 sq. ft. 111 J. Simon: Stated he would not vote on this because he missed the first hearing on this 112 application. 113 MOTION: 114 A motion was made by R. Rowen to close the Public Hearing for 350 Great Pond Road. The 115 motion was seconded by D. Kellogg. The vote was 4-0. J. Simons abstained. 116 Draft Decision was reviewed. 117 MOTION: 118 A motion was made by R. Rowen to approve the Special Permit for 350 Great Pond Road, as 119 amended this evening. The motion was seconded by D. Kellogg. The vote was 4-0 with T. 120 Seibert, R. Rowen, D. Kellogg, and M. Colantoni voting in favor. J. Simons abstained. 121 122 CONTINUED PUBLIC HEARING, 70 Elm Street: Application for a renewal of a Wireless 123 Special Permit for the operation of an existing wireless communication facility within the 124 3 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 125 Bylaw. 126 J. Tymon: This application is for a renewal only, no changes to the installation. All required 127 documents have been received. One of the Board members did ask that Mark Hutchins review 128 the RF reports that have been received for the site and provide comparison data for what was 129 first estimated for RF emissions v. actual measurements. Reviewed M. Hutchins response to that 130 question. 131 T. Seibert: Recused himself from the hearing. 132 J. Simons: Stated that he has reviewed the minutes and that he will be voting on this application. 133 Bill McQuade, Representing Metro PCS along with Peter Morin, Counsel for Metro PCS: Stated 134 that he concurs with what J. Tymon just read from the M. Hutchins report. The three SiteSafe 135 reports and the original Dr Haas Report are similar. This application is strictly for a renewal of 136 the Special Permit that was granted March 3, 2009. 137 Thea Fournier, 247 Main Street: Stated that the Trinitarian Church is a beautiful church located 138 in the heart of the historic mill town residential neighborhood. The residential home owners 139 could not put a steeple on their houses. The church is different. According to the Dover 140 Amendment churches are generally exempt from Zoning regulations because they are for 141 religious and educational purposes only. The church is a place of worship; therefore, the Dover 142 Amendment allows them to have a steeple in a residential zone. The Trinitarian Church chose to 143 take advantage of the community, the neighborhood and put a commercial business in a place of 144 worship. Essentially, it is now a radio station, not just a place of worship anymore. It violates 145 the Dover Amendment. Requested that the Planning Board postpone their granting a renewal of 146 the Metro PCS permit until mid-April because a major decision on the Dover Amendment is due 147 from the Massachusetts Supreme Judicial Court in the case of Regis College v. the Town of 148 Weston. 149 J. Simons: A Decision has not been prepared so it will not be voted on tonight. This hearing 150 will be continued to May 1, 2012. 151 152 CONTINUED PUBLIC HEARING, 358 Dale Street: Application for a Watershed Special 153 Permit. Applicant seeks to construct a new single family residential dwelling along with 154 associated driveway, landscaping, utility and other improvements. 155 J. Tymon: L. Eggleston has done a stormwater review. The applicant has responded and 156 provided a new plan. They are proposing some porous pavement. L. Eggleston required the 157 detail of the under drain, that the Board consider putting a condition in place so that there is no 158 further pervious pavement, no seal coating of the pervious area, and that regular maintenance be 159 provided for the porous pavement. A defined limit of clearing has been added to the plan. The 160 applicant has increased the buffer area on the west side and added some landscaping to the front. 161 J. Simons: Does L. Eggleston absolutely, positively believe that they are doing all Best 162 Management Practices. A lot of the recent Watershed Special Permit applications have been 163 additions or tear downs and replacements. This application is net new. 164 J. Tymon: L. Eggleston has been out for a couple of weeks, but she will review their second 165 submittal. It is outside of the non-disturb, but inside the non-discharge zone. She has been as 166 rigorous with this application as she has been with others. 167 4 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 168 Eggleston Environmental have been addressed. We have had a consultation with the 169 Environmental Species Program and comments from this program were to try to move the 170 improvements to the west, or to the left of the lot, as much as possible or practical. We think 171 their concerns have been adequately addressed. Their concerns will be formerly addressed at the 172 Conservation Commission as part of a joint filing process. We feel that National Heritage will 173 issue a letter indicating that they are satisfied with the design through the Conservation 174 Commission process. The filing with Con Com will be made next week. Once the NOI filing is 175 received by Natural Heritage they have thirty days in which to comment. 176 J. Simons: Reviewed the timing of the Lot being created and the applicability of zoning. 177 J. Smolak: Described the changes to the limit of clearing on the plan. 178 J. Smolak: Requested that a draft Decision be prepared for the May 1, 2012 meeting. 179 The Board’s consensus was that along as all major issues are resolved well in advance that would 180 not be a problem. 181 J. Simons: When would Con Com render a Decision? 182 J. Smolak: Most likely well beyond the time period for this Board rendering a Decision. 183 J. Simons: Preference would be to have them vote before the Planning Board. 184 D. Kellogg: Cautioned that they may want to block off the dirt pathway on the side of the lot. 185 J. Simons: Will discuss it with the applicant. It is an existing condition and will not be altered. 186 187 NEW PUBLIC HEARING, 498 Chickering Road: Application for Special Permit-Site Plan 188 Review. Applicant proposes demolition of a Mobil gas station and construction of a 3,159 sq. ft. 189 bank building, with three drive-through bays, twenty four (24) parking spaces, landscaping and 190 stormwater management in the General Business Zone (GB). 191 J. Tymon: In 2008 the Planning Board had approved a drive-through Starbucks at this location 192 that was never built. The project has a DEP Sensitive Use restriction because there was 193 previously a gas station on this site. L. Eggleston and DPW have reviewed the application and 194 their comments have been sent to the applicant. The civil engineering review has not been 195 completed yet. 196 Steve Stapinski, Merrimack Engineering: Described a Form A that was completed last year that 197 subdivided a portion of land on an abutting property and added that portion of land to 498 198 Chickering Road. Therefore, the perimeter of the lot today is different the perimeter of the lot 199 when the Starbucks Site Plan was approved. The site is now larger and has a more “regular” 200 shape. Showed the Board where the residential uses near this lot are located. There are thee 201 residential units on Franklin Street and one on the corner of Franklin St and Allen St. The 202 portion of land that was added to 498 Chickering Rd. was zoned as General Business, same as 203 the applicant’s parcel. There are three unrestricted, existing curb cuts; one on Park Street and 204 two on Rt. 125. The access onto Park Street would be removed. The curb cut furthest away 205 from the Park St. and Rt. 125 intersection would be two way, traffic coming into and out of the 206 parcel. The curb cut closest to the Park St. 125 intersection will be exit traffic only. Described 207 the proposed site plan; including, parking, building location, drive-through location and queuing 208 lanes. The site is serviced with town water and sewer. The proposal is to grade the site so to 209 collect all the stormwater in the pervious areas in catch basins. There will be discharging into a 210 5 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 211 amount of impervious area will be reduced approximately 10% compared to what is there today. 212 Jerry Blake, DRL Architects: Described the exterior materials, windows, lightening, elevations, 213 and architectural design of the proposed building. There will be a canopy over the first two 214 drive-through lanes with an extension off the end to protect the third lane. 215 J. Simons: Requested photographs of similar Lowell Five Banks for the next meeting. 216 Chris Huntress, Huntress Associates: Showed a detail lighting plan to the Board. Described the 217 landscape plan and the buffering from the neighboring properties. 218 Dermit Kelly, Traffic Engineer: Reviewed a memo he completed in 2007 that was reviewed by 219 VHB, peer reviewer. At this time there were two two-way driveways. This proposal is for one 220 two-way driveway and one one-way driveway. Stated the advantages of this design and 221 reviewed the data from the traffic study that was done at the time of the Starbucks application. 222 J. Simons: This will be continued until the next meeting. 223 224 OTHER BUSINESS : 225 J. Tymon: Discussed scheduling for the Zoning Public Hearing for the Annual Town Meeting. 226 J. Simons: Commented he would like to get as much information of what is going to be done as 227 possible for 1018 Osgood Street. 228 : MEETING MINUTES Approval of March 20, 2012 meeting minutes. 229 MOTION: 230 A motion was made by R. Rowen to approve the March 20, 2012 meeting minutes. The motion 231 was seconded by D. Kellogg. The vote was unanimous. 232 233 ADJOURNMENT 234 MOTION: 235 A motion was made by T. Seibert to adjourn the meeting. The motion was seconded by M. 236 Colantoni. The vote was unanimous. 237 The meeting adjourned at 9:05 pm. 238 239 MEETING MATERIALS: 240 Agenda, Form A application Peach Tree Lane dated March 29, 2012 and 241 associated site plan, Draft Decision 102 Peters Street dated April 3, 2012, Draft Decision 350 Great Pond 242 Road dated April 3, 2012, 26 Main Street: Civil review response letter dated March 19, 2012 from 243 Andover Consultants, Stormwater response letter dated March 29, 2012 from Andover Consultants, Inc., 244 Tim Willet response letter dated April 2, 2012, Tom Urbelis response letter dated March 29, 2012, Site 245 Plan “Pondview” dated Jan. 19, 2012 and rev March 12, 2012, Sections 8.1, 8.3, and 18 North Andover 246 Bylaw, Letter dated April 3, 2012 from John Cusack Break Away Realty Trust 28 Main Street, 166 247 Salem St: Definitive Subdivision Plan “The Captain Nathaniel Berry Homestead” dated January 9, 2009, 248 70 Elm Street: Mark F. Hutchins response letter dated March 31, 2012, Letter dated March 29, 2012 from 249 John T. Smolak RE: 358 Dale Street response to peer review comments and other matters, email from 250 Leddick, Jesse state of ma., to John Smolak RE: 358 Dale Street NA – NHESP (file 12-30708), Site Plan 251 358 Dale Street dated March 27, 2012, 498 Chickering Road: Response letter dated April 3, 2012 from 252 Gene Willis, Response letter dated April 2, 20122 from Gene Willis, Response letter dated March 26, 253 2012 from Eggleston Environmental, Site Permit Plan Proposed Bank Facility Plan of Land Lowell Five 254 pages 3 of 5 and 4 of 5, draft meeting minutes for March 20, 2012. 6