HomeMy WebLinkAbout2012-06-05 Planning Board Meeting Minutes
PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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Present: J. Simons, R. Rowen, T. Seibert, M. Colantoni, 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 7:09 pm.
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BOND RELEASE
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Walnut Ridge: Applicant requests release of surety bond.
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J. Tymon: This request has been rescheduled.
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ANR
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Lot 1 / 2 Stiles Road
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J. Tymon: Stiles Street was a subdivision approved in 2003 and the Decision stated that one house could
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be built as long as the roadway was improved to the state of a driveway. An as-built has been submitted
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for that house and for that driveway. This ANR would separate one acre into a lot. The rest can not be
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developed until the entire subdivision roadway is constructed.
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J. Simons: A provision has to be put on the plan that Lot 2 is not a buildable lot.
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Gene Willis, representing applicant Tim Willis: There are two Mylars prepared, one has “the lot is
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unbuildable at this time”.
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MOTION
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A motion was made by R. Rowen to direct the Town Planner to sign the ANR plan with the language “not
.
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a buildable lot”. The motion was seconded by M. Colantoni. The vote was unanimous
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PUBLIC HEARINGS
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CONTINUED PUBLIC HEARING: 26 Main Street, Application for Special Permit-Site Plan Review.
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Applicant proposes construction of an eight (8) unit residential condominium project with two (2) parking
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spaces per unit on a lot with access to Main Street via existing easements on two (2) existing lots fronting
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Main Street at 22-24 and 28-30 Main Street and an existing curb cut at the noted lots.
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J. Tymon: Summarized requirements related to the project listed in a letter submitter by the Fire
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Department. Four spaces for visitor parking have been added to plan in response to the letter and those
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parking spaces have been reviewed by L. Eggleston and approved.
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T. Seibert: Read the Fire Department letter submitted by Lt Frederick McCarthy, Fire Prevention, into
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the record.
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B. MacCleod: Andover Consultants: Showed the Board where the new parking spaces are located on the
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plan. All concerns of the Fire Department have been addressed. All comments of the other Town
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Departments and peer reviewers have been addressed. The Fire Lane ordinance is a state law and
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enforcement of the no parking will be done by the police department.
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J. Tymon: A Homeowner’s Association could be responsible for the maintenance of the signs, markings
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on the road, and pavement repair. This could be conditioned in the Decision.
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J. Cusack, abutter 28-30 Main Street: Has had five or six meetings with the applicant and his concerns
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related to parking spaces, ingress, and egress have been addressed.
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MOTION
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A motion was made by D. Kellogg to close the public hearing on 26 Main Street. The motion was
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seconded by R. Rowen. The vote was unanimous.
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J. Tymon: a draft Decision will be prepared for the next meeting.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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CONTINUED 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. bank
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building, with three drive-through bays, twenty four (24) parking spaces, landscaping and stormwater
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management in the General Business Zone (GB).
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J. Tymon: G. Willis’ drainage concerns have been addressed. The applicant’s proposed use of Franklin
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Street has been reviewed by Town Counsel, Attorney Tom Urbelis, and his response has been provided.
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This Decision, if approved by the Planning Board, does not preclude or make any claim to any future
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rights of any abutters and does not make any statement about what could potentially happen within
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Franklin Street. Reviewed pictures of current conditions of the unpaved section of Franklin Street.
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Steve Stapinski, Merrimack Engineering Services: Reviewed the location of the proposed grass swale to
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be located approximately three quarters of the way across Franklin Street. The swale will be
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approximately two feet wide and a foot and a half deep. Franklin Street had previously gone through to
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Rt. 125. The Town or the State cut it back and stopped the access to Chickering Road. There probability
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of Franklin Street going through to Rt. 125 is extremely remote.
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MOTION
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A motion was made by R. Rowen to close the public hearing for 498 Chickering Road. The motion was
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seconded by T. Seibert. The vote was unanimous.
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A draft Decision was reviewed by the Board.
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The scope of responsibility and reporting structure for the Licensed Site Professional was discussed.
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MOTION
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A motion was made by T. Seibert to approve the petition of Lowell Five regarding 498 Chickering Road,
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Map 71 Lot 26, as amended. The motion was seconded by D. Kellogg. The vote was unanimous.
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CONTINUED PUBLIC HEARING: Annual Town Meeting Zoning Articles.
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Town of North Andover
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Annual Town Meeting
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June 12, 2012
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Planning Board Report
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The Planning Board makes the recommendations regarding the following Town Meeting warrant articles
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as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
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Article 4. Authorization to Accept Grants of Easements.
To see if the Town will vote to
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authorize the Board of Selectmen and the School Committee to accept grants of easements for access,
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water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee
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deem in the best interest of the Town;
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Or to take any other action relative thereto.
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Board of Selectmen
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
86
Article 5. Authorization to Grant Easements.
To see if the Town will vote to authorize the
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Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer,
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roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest
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of the Town;
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Or to take any other action relative thereto.
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Board of Selectmen
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Article 15. Reduction of Community Preservation Act Surcharge.
To see if the Town will as
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follows:
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Should we, the tax payers of North Andover, reduce the Community Preservation Act surcharge?
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The CPA was enacted in 2002 at the maximum of 3%. The state matched dollar for dollar. Since
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that time, many projects benefiting the town have been completed – protection of our drinking water,
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assisting in renovations of the Town Hall, Steven’s Estate, the Senior Center and more at a cost of 21
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million tax dollars.
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Due to the downturn in the economy, the State has reduced their matching amount to .26 cents on the
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dollar. Is it time to follow the Commonwealth lead and reduce our spending?
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The CPA surcharge is an additional cost on your real estate tax bill. Should we reduce the surcharge from
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3% to a more reasonable 1and 1/2%?
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Petition of William P. Callahan and others
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RECOMMENDATION: Favorable X Unfavorable
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PB voted at last meeting.
Article 28 : Capital Improvement Plan Appropriation Fiscal Year 2013. To see if the
Town will vote to fund the Capital Improvement Program as listed under the heading "Board of
Selectmen/Town Manager Recommend" and with the language included:
FY13 CIP Recommendations
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
Line # Project Description Fund Code BOS , Town
Managers
Recommendations
1 Roadways B/N-G $ 476,700
2 Sidewalk Reconstruction B/N-G $ 50,000
3 Building Maintenance B/N-G $ 50,000
4 Replace Fire Chief's Vehicle B/N-G $ 34,000
5 Replace Mobile Data Terminals B/N-G $ 90,258
6 General IT B/N-G $ 40,000
7 School Dept IT B/N-G $ 165,098
8 Design Work (Central Office & Kittredge B/N-G $ 359,500
School Gym)
General Fund Total $ 1,265,556
9 Water Main Replacement B/N-W $ 573,000
10 Water Meter Installation B/N-W $ 60,000
11 Flocculation & Sedimentation Building B/N-W $ 65,000
12 Concrete Repairs and Coating B/N-W $ 97,000
Water Enterprise Fund Total $ 795,000
13 Rea's Pond Sewer Pump Station B/N-S $ 250,000
Replacement
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
14 School St & Bunkerhill Sewer Replacement B/N-S $ 100,000
15 Osgood St Sewer Preliminary Design B/N-S $ 300,000
Sewer Enterprise Fund Total $ 650,000
* Fund Codes spelled out below
Funding Recommendation Code Totals
Raise and Appropriate - General Fund R&A-G $ -
Raise and Appropriate - Water Enterprise R&A-W $ -
Raise and Appropriate - Sewer Enterprise R&A-S
Bonds/Notes - General Fund B/N-G $ 1,265,556
Bonds/Notes - Water Enterprise B/N-W $ 795,000
Bonds/Notes - Sewer Enterprise B/N-S $ 650,000
Total All Capital Projects (New Borrowing) $ 2,710,556
Unexpended Bond Proceeds $ 650,000
$ 2,060,556
that to meet this appropriation:
(1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow
$2,060,556 under chapter 44 of the Massachusetts General Law or any other enabling
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
authority.
(2) The appropriation for items 13, 14 & 15 above in the amount of $650,000 shall be funded
with the transfer from the following project in the amount set forth below,
said sum represents excess bond proceeds not needed for the completion of the project:
Amount Project Date/Article Date Bonded
Number
$ 650,000 Waverly Road Relief Sewer Main 2008 / Art 21 6/1/2008
Sec 23
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Board of Selectmen
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RECOMMENDATION: Favorable Unfavorable
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Bruce Thibodeau
, Director DPW: Reviewed the Public Works Capital Improvement Plan request line
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items.
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MOTION
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A motion was made by D. Kellogg to recommend favorable action on Article 28 #1, 2, and 9-15. The
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motion was seconded by T. Seibert. The vote was unanimous.
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Article 30. Sale of Public Buildings-Bradstreet School Main Street.
To see if the Town will vote
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to transfer the care, custody, management and control of the land and building formerly known as the
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Bradstreet School and located on Main Street, North Andover, identified on the Town’s Assessor’s maps
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as: Map 29, Block 23, Lot 0, from the Board of Selectmen for the purposes for which such land is
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currently held to the Board of Selectmen for the purposes of sale of the building and to authorize the
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Board of Selectmen to sell the parcel of land per the provisions of Massachusetts General Law Chapter
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30B, and further that the Board of Selectmen approve any other restrictions, including restrictions on use,
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that are in the best interests of the Town and that would effectuate the purposes of providing the
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maximum benefit to the Town from the proposed sale of the property, upon such terms and conditions as
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the Board of Selectmen may deem appropriate and necessary;
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Or to take any action relative thereto.
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Town Manager
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RECOMMENDATION: Favorable Unfavorable
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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J. Tymon:
The Board of Selectmen voted favorable action. The primary recommendation on the facility
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master plan does not make use of the Bradstreet School.
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MOTION
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A motion was made by R. Rowen to recommend favorable action on Article 30. The motion was
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seconded by M. Colantoni. The vote was unanimous.
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Article 31. Amend Article 29 2011 Annual Town Meeting - CPA BAN Authorization.
To see if the Town will vote to amend the vote taken on Article 29 of the 2011 Annual Town Meeting
Warrant under “Principal Repayment: Windrush Farm” from $638,000 to $659,648 to pay principal
and interest and to raise, borrow, transfer and/or appropriate from the Community Preservation
Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B,
this sum of money;
Or to take any other action relative thereto.
Town Manager
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Article 32. Report of the Community Preservation Committee and Appropriation From the
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Community Preservation Fund.
To receive the report of the Community Preservation Committee and
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to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community
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Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum
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of money to be spent under the direction of the Community Preservation Committee;
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(Information to be provided by CPA Committee prior to warrant being signed).
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Or to take any other action relative thereto.
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Community Preservation Committee
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RECOMMENDATION: Favorable Unfavorable
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J. Simons
: Reviewed a list of proposed projects.
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MOTION
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A motion was made by T. Seibert to recommend favorable action on Article 32. The motion was
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seconded by D. Kellogg. The vote was unanimous.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
153
Article 37. Amend North Andover Zoning Bylaw – Section 8.1.4(a) Off-Street Parking General
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Requirements.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw,
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Section 8.1.4(a) Off-Street Parking General Requirements in order to allow seasonal outside seating to not
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counts towards the parking requirements.
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Amend Section 8.1.4(a) by adding Note 8 to the use table as follows:
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Notes:
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8. Seasonal outside seating for food establishments shall be exempt from Section (a) of this regulation as
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long as the seating does not exceed 25% of the indoor seating or a total of twenty outdoor (20) seats,
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whichever is greater;
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
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permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
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Town of North Andover.
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Or to take any other action relative thereto.
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Planning Board
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Article 38. Amend North Andover Zoning Bylaw – Section 4.135 Industrial “S” District.
To see if
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the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.135 in order to allow
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retail stores that are an accessory use to warehousing or wholesaling.
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Amend Section 4.135 by adding the underlined language and deleting the stricken language to read
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as follows:
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4.135 Industrial “S” District
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8.
Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger
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station, or business office buildings. By Special Permit, an automobile service or filling station, a diner, a
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and retail stores that are accessory to warehousing, wholesaling and/or
restaurant, a retail food store,
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a service business
. but no other retail stores of any kind.
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(Proposed Zoning Bylaw amendment to allow additional retail uses within the Industrial “S” Zone)
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
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permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
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Town of North Andover.
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Or to take any other action relative thereto.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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Planning Board
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RECOMMENDATION: Favorable Unfavorable
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T. Seibert: and retail stores that are an accessory use to the
recommended to change the language to, “
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principal use
”.
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MOTION
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A motion was made by T. Seibert to recommend favorable action on Article 38, as amended. The motion
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was seconded by D. Kellogg. The vote was unanimous.
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Article AK. (39) Amend North Andover Zoning Map -1080 Osgood Street-Assessors Map 35-
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Parcl 19 from Industrial 2 (I2) to Business 2 (B-2).
To see if the Town will vote to amend the Town of
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North Andover Zoning Map, Assessor’s Map 35 Parcel 19 from Industrial-2 to Business-2;
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or to take any other action relative thereto.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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Planning Board
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RECOMMENDATION: Favorable Unfavorable
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
200
J. Tymon
: The address in the Article should be 1018 Osgood Street (not 1080).
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Greg Nolan,
Representing JFH Holdings:Requested a change to the covenant language related to
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“Architectural Features”.
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J. Tymon
: Will work with the applicant to revise the draft language to make it more generic.
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MOTION
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A motion was made by T. Seibert to recommend favorable action pending a signed Declaration of
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Protected Use Covenant prior to Town Meeting. The motion was seconded by R. Rowen. The vote was
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unanimous.
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Article AL. (40) Amend North Andover Zoning Bylaw – Section 4.137 Floodplain District.
To see
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if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain
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District in order to make minor adjustments so that the Bylaw accurately reflects the date of the newly
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adopted flood maps.
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Amend Section 4.137 by adding the underlined language and removing the text shown as stricken to read
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as follows:
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4.137 Floodplain District
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1. STATEMENT OF PURPOSE
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The purpose of the floodplain District is to:
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a. Ensure public safety through reducing the threats to life and personal injury.
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b. Eliminate new hazards to emergency response officials;
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c. Prevent the occurrence of public emergencies resulting from water quality, contamination,
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and pollution due to flooding.
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d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down
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the utility network and impact regions of the community beyond the site of flooding;
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e. Eliminate costs associated with the response and cleanup of flooding conditions;
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f. Reduce damage to public and private property resulting from flooding waters.
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2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND
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FLOODWAY DATA
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The Flood Plain District is herein established as an overlay district and includes all special flood
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hazard areas within the Town of North Andover designated as Zone A and AE on the Essex
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County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management
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Agency (FEMA) for the administration of the National Flood Insurance Program. The map
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panels of the Essex County FIRMs that are wholly or partially within the Town of North Andover
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are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F,
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25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F,
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25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and
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25009C0381F, dated July 3, 2012. The exact boundaries of the District may be defined by the
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100-year base flood elevations shown on the FIRM and further defined by the Essex County
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Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building
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Official and Conservation Commission.
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3. BASE FLOOD ELEVATION AND FLOODWAY DATA
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Floodway Data\[, AH, A99\]
a. . In Zone A and AE, along watercourses that have not had a
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regulatory floodway designated, the best available Federal, State, local or other floodway data
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as determined by the Building Inspector, in consultation with the Director of the Division of
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Public Works, shall be used to prohibit encroachments in floodways which would result in
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any increase in flood levels within the community during the occurrence of the base flood
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discharge.
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Base Flood Elevation Data
b. . Base flood elevation data is required for subdivision proposals
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or other developments greater than 50 lots or 5 acres, whichever is the lesser, within
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unnumbered A zones.
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c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be
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determined to be outside the flood plain district by the Building Inspector, in consultation
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with the Director of the Division of Public Works, if an accurate topographic and property
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line survey of the area conducted by a registered professional engineer or land surveyor
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shows that the flood plain contour elevation does not occur in any area of proposed buildings,
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structures, improvements, excavation, filling, paving, or other work activity. The person
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requesting the determination shall provide any other information deemed necessary by the
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Building Inspector, in consultation with the Director of Division of Public Works to make
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that determination. If the Building Inspector, in consultation with the Director of the Division
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of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area
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shall not be regulated as occurring within the Flood Plain District, and any such
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determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall
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prohibit the Conservation Commission, Board of Health, or other Town officials or Board
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from making non-zoning determinations of the flood plain or performing their official duties.
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4. NOTIFICATION OF WATERCOURSE ALTERATION
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If a landowner or project proponent proposes to alter or relocate any watercourse, that person
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shall notify the following parties and provide evidence of such notification to every town board or
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official who has jurisdiction over such alteration or relocation prior to or at the time of applying
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for any approval that is required to perform such alteration of relocation:
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a. Notify in a riverine situation, the following of any alteration or relocation of a watercourse:
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1. Adjacent Communities
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2. \[Bordering States\]
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3. NFIP State Coordinator
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street Suite 600-700
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Boston, MA 02114-2104
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4. NFIP Program Specialist
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PLANNING BOARD
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Town Hall, 120R Main Street
7:00 PM
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Federal Emergency Management Agency, Region I
th
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99 High Street, 6 Floor
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Boston, MA 02110
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5. REFERENCE TO EXISTING REGULATIONS
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The Floodplain District is established as an overlay district to all other districts. All development
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in the district, including structural and non-structural activities, whether permitted by right or by
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special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General
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Laws and with the following:
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a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal
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high hazard areas (currently 780 CMR 120.G);
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b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently
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310 CMR 10.00);
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c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
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d. \[Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);\]
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e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310
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CMR 15, Title 5);
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f. Any variances from the provisions and requirements of the above referenced state regulations
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may only be granted in accordance with the required variance procedures of these state
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regulations.
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6. OTHER USE/DEVELOPMENT REGULATIONS
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\[Within zones AH and AO on the FIRM, adequate drainage paths are required around
a.
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structures on slopes, to guide floodwaters around and away from proposed structures
.\]
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\[s A1-30 and\]
b. Within Zone AE, along watercourses that have a regulatory floodway within
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the Town of North Andover, on the Essex County FIRMs dated July 3, 2012; encroachments
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are prohibited in the regulatory floodway which would result in any increase in flood levels
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within the community during the occurrence of the base flood discharge. However, a
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registered professional engineer may provide proof and certification to the Building
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Commissioner, in conjunction with the Director of the Division of Public Works,
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demonstrating that such encroachments shall not increase flood levels during the occurrence
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of the 100 year flood, and if both the Building Commissioner, in conjunction with the
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Director of the Division Public Works approve this certification, such encroachments shall
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not be deemed to be prohibited.
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c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and 81T
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\[or any revisions to the subdivision control law referencing the submission of preliminary or
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definitive subdivision plans\], respectively shall be designed so that:
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1. Such proposals minimize flood damage;
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2. All public utilities and facilities are located and constructed to minimize or eliminate
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flood damage; and
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3. Adequate drainage is provided to reduce exposure to flood hazards.
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4. Existing contour intervals of site and elevations of existing structures must be included
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on plan proposal;
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PLANNING BOARD
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Town Hall, 120R Main Street
7:00 PM
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5. The applicant shall circulate or transmit one copy of the development plan to the
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Conservation Commission, Planning Board, Board of Health, Town Engineer, and
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Building Commissioner for comments which will be considered by the appropriate
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permitting board prior to issuing applicable permits.
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Proposed maps are on file in the Office of the Town Clerk and the Conservation Commission Office
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and on the Town’s web site.
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
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permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
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Town of North Andover.
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Or to take any other action relative thereto.
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Planning Board
`
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Planning Board
`
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Article 41. Amend Section 16.2 of the Zoning Bylaw- Allow Drive-thru Restaurants in CDD1
339
District.
To see if the Town will vote to amend Section 16.2 of the Town of North Andover Zoning
340
Bylaws, in the Corridor Development District 1 (CDD1) by inserting the following language:
341
" Drive-thru restaurants shall be permitted within the CDD1 zone provided that they are located more
342
than 250 feet from the R6 zoned district."
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
344
permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
345
Town of North Andover.
346
(The language of this article has to be clarified with
Or to take any other action relative thereto.
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property owner as to intent)
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Board of Selectmen
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RECOMMENDATION: Favorable Unfavorable
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Planning Board
`
351
J. Tymon:
The Site Plan proposed has some of the driveway and parking lot shown within the 50’ no-
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build zone. The applicant would have to provide the Conservation Commission with an alternative
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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analysis. Ma. stormwater regulations would have to be met. A draft Declaration of Protective Covenants
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has been prepared for this applicant as well.
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J. Simons
: Uses are not being excluded on this property.This would covenant two parcels in the CDD1
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zone for the architectural features.
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Scott Hajjar
, 176 Kara Drive: Presented pictures of drive-through buildings that he feels would be
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palatable in this town. Presented proposed covenant language to the Board.
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Oscar Pancorbo
, 643 Turnpike Street: Presented some documentation on the average size of fast food
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restaurants, information related to architectural design, and fast food LEAD certified building examples.
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Jim Holbrook,
1411 Salem Street (Owner of 625 and 633 Turnpike Street): Questioned the size of the
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buffer zone. The buffer zone wipes out the availability of a drive-through restaurant on his property and
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he believes it favors the applicant only. The wetlands provide a natural buffer already.
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J. Simons
: The intent of the buffer zone is to buffer this use from the Residential zone. The Board
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believes the 250’ is a reasonable standard to keep this use away from the Residential zone. It is a
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standard that is being applied, not to benefit the applicant, but standard being used for the entire district in
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the same sense as front and side setbacks.
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Lenny Annaloro
, 79 Salem Street: Requested the Board look again at the R-6 area being discussed and
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the wetland buffer that already exists, which he believes is adequate to protect this Residential zone.
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Joe Pelich
, along with Suzanne Pelich and Al McGregor (owner of property across from 643 and 651
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Turnpike St.): Approximately two years ago they came before the Board to get approval for a zoning
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change to allow for a drive-through bank on the property across from the Hajjar property in the CDD2
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zoning district. Requested the Board consider adding the language, “and within the CDD2 district on a
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parcel or parcels collectively comprising at least 5 acres or more of land” to Article 41.
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J. Simons
: This scope adds property, adds a separate district, and had it has not been noticed. Stated it is
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too late to do this.
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T. Seibert
: This is a petition of the Board of Selectmen. Such an appeal should be made to them.
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Al McGregor
, 7 Patriot Street: Requested the Board re-write the language or bring up the proposed
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change to the language at Town Meeting.
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J. Simons
: Stated that it can not be done and that it has not been properly noticed.
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MOTION
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A motion was made by D. Kellogg to recommend favorable action pending the signing of satisfactory
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covenant paperwork. The motion was seconded by R. Rowen. The vote was unanimous.
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DISCUSSIONS
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Planning Board: Recommendations for ATM Warrant Articles.
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Detailed above.
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MEETING MINUTES
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MOTION
:
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A motion was made by T. Seibert to approve the May 23, 2012 meeting minutes. The motion was
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seconded by R. Rowen. The vote was unanimous.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 5, 2012
Town Hall, 120R Main Street
7:00 PM
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 D. Kellogg. The
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vote was unanimous.
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.
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The meeting adjourned at 9:11 pm
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MEETING MATERIALS: Agenda, 26 Main Street: Revised landscape plan dated 5/1/12, Letter from
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Lt. Frederick McCarthy Fire Prevention dated 5/24/212, Rev. Existing Conditions Plan dated 5/10/12,
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Rev. Site Plan dated 5/10/12, 498 Chickering Road: draft Decision, Letter dated 5/30/12 from Merrimack
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Engineering Services to Eugene Willis, PE, Rev. Site Plan dated 5/30/12, Site Lighting & Photometric
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Plan dated 4/27/12, Plan of Land dated 4/27/2012, DEP Stormwater Mgmt Standards, Letter dated
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5/31/12 from Louis P. Minicucci, Jr to the Planning Board, Letter dated 5/29/12 from Tom Urbelis to
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Town Planner, Interoffice Memorandum dated 5/31/12 from Gene Willis to Judy Tymon, Abutter
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support memo from George H. Schruender dated 5/31/12, Abutter support memo from J. Darryl Perry,
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Pictures of undeveloped section of Franklin Street—vegetated area, drainage and ponding area, Annual
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Town Meeting correspondence: Letter of Protective Use Covenants Conditions and Restrictions for 1018
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Osgood St., Proposed language for zoning bylaw change to the Industiral “S” District, Letter dated
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5/29/12 from Judy Tymon to the Planning Board RE: Accessory Use Zoning Analysis, Letter RE:
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Reasons to support Selectmen’s amendment to CDD1 Zone, Existing Conditions and Conceptual Plan for
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643 and 651 Turnpike Street, Summary of Community Preservation Projects 2012 Town Meeting, NA
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Community Preservation Committee-Long Range Plan, ATM Planning Board Report, Covenant
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language submitted by S. Hajjar for 643 and 651 Turnpike Street, Fast food restaurant data submitted by
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Oscar C. Pancorbo, 643 Turnpike Street, Examples of Dunkin Donut architectural design pictures
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submitted by S. Hajjar 651 Turnpike Street, draft 5/01/2012 meeting minutes.
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