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HomeMy WebLinkAbout2013-01-15 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, January 15, 2013 Town Hall, 120 Main Street 7:00 PM Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki. L. McSherry, R. Rowen 1 Absent: 2 Staff Present: J. Tymon, J. Enright 3 4 Meeting began at 7:02pm. 5 6 ANR 7 Molly Towne Road: Request to eliminate one lot. 8 J. Tymon: There are currently 16 approved lots in this subdivision. The applicant would like to 9 move lot lines and eliminate one of the lots. The Decision for the subdivision does not have any 10 language that prohibits further subdivision of the lots or changes to the lot lines. 11 Phil Christiansen, Christiansen and Sergi, Inc.: Reviewed with the Board the current, approved 12 lot lines and the recommended change to the lot lines. 13 MOTION 14 A motion was made by D. Kellogg to recommend the Town Planner approve the Form A 15 plan for Molly Towne Road. The motion was seconded by L. Rudnicki. The vote was 16 unanimous. 17 18 LOT RELEASE 19 72 Great Pond Road: Request for release of Lot 1. 20 Tom Zahoruiko: A Form J has been submitted to release the lot from the covenant. 21 J. Tymon: This is a three lot subdivision. Lot 1 has an existing home on it. This would release 22 Lot 1 from the covenant. The mylars have been endorsed, the site opening bond has been posted, 23 and the covenant has been recorded along with the Decision and plans. Everything that needs to 24 be done to start the process for development has been completed. 25 MOTION 26 A motion was made by D. Kellogg to release the Form J for Lot 1, 72 Great Pond Road. The 27 motion was seconded by R. Rowen. The vote was unanimous. 28 29 PUBLIC HEARINGS 30 CONTINUED PUBLIC HEARING, 72 Great Pond Road: Application for a Land Disturbance 31 Permit. 32 J. Tymon: An application for a Land Disturbance Permit was submitted and the public hearing 33 was opened. Lisa Eggleston reviewed the application and determined that the permit was not 34 necessary. Tom Zahoruiko is requesting to withdraw the application. 35 MOTION 36 A motion was made by R. Rowen to accept the Withdrawal Without Prejudice of the 72 37 Great Pond Road Land Disturbance Permit. The motion was seconded by D. Kellogg. The 38 vote was unanimous. 39 40 CONTINUED PUBLIC HEARING, 1018 Osgood Street: Application for Site Plan Review- 41 Special Permit for proposed construction of a 2,250 sq. ft. coffee shop with drive-thru and 42 associated site amenities including drive-thru lane and twenty five (25) parking spaces. In 43 1 PLANNING BOARD Meeting Minutes Tuesday, January 15, 2013 Town Hall, 120 Main Street 7:00 PM addition, applicant has filed for a Request of Determination of Applicability of Watershed 44 Protection District Requirements. 45 J. Tymon: Provided a summary of the stormwater, civil, and traffic review comments. The 46 concerns with stormwater management include; the capability or any subsurface system to 47 effectively recharge or treat ground water flow, the volume of discharge to Osgood Street would 48 be 2x existing conditions, and the proposed system does not provide TSS removal. Civil 49 reviewer suggests that section 8.1.8.f Land Bank Parking should apply to this project and that a 50 basis should be provided for the waiver request Fiscal Impact and Community Impact. The 51 Traffic reviewer has concerns that the queuing space from the exit driveway to the drive-thru is 52 not adequate, there should be a slight change in grade at entrance, sidewalks would be beneficial, 53 there is not enough adequate space for deliveries and truck circulation, lighting plan needs 54 revision, and elevations should have an architect stamp. 55 Mark Gross, MHF Design Consultants: Stated he will discuss the stormwater management 56 concerns with L. Eggleston. The issues are not insurmountable. There is a request for reduction 57 in parking from 27 required spaces to 19. Reviewed the trip generation, queuing and parking 58 analysis that was completed. Provided comparison data for the North Andover, Ma, Methuen, 59 Ma, and Salem, NH Dunkin’ Donuts sites. Including sidewalks would be difficult because there 60 are no sidewalks currently on the abutting parcels and they can not construct a sidewalk that is 61 not on their property. 62 R. Rowen: Suggested installing a pathway to the abutting property for pedestrian traffic. 63 M. Gross: Will look into options for accommodating pedestrian access. 64 65 CONTINUED PUBLIC HEARING, 41 Second Street: Application for Special Permit-Site Plan 66 Review. Applicant proposes to demolish an existing dwelling and to construct a new 3-unit 67 residential building with an eight space, off street, parking lot. 68 J. Tymon: This has been reviewed by L. Eggleston. The applicant has addressed all of the 69 issues. An Operations and Maintenance Plan has been submitted and a swale has been added to 70 the plan. 71 J. Simons: What is the size of the existing structure and the proposed structure? 72 Bill MacCleod, Andover Consultants, Inc.: The gross floor area of the existing structure is 1,930 73 sq. ft. and the proposed structure is 5,212 sq. ft. This has been before the ZBA for a four unit 74 building and to accommodate the abutters it was reduced to three units. All of the abutters 75 concerns were addressed. Requested some edits to the draft Decision, including; lower the 76 proposed bond amount, eliminate the requirement for a draft copy of the Homeowner’s 77 Agreement be provided for review by the Town’s attorney prior to the start of site work or 78 construction, and to eliminate the requirement for an independent construction monitor. 79 80 MOTION 81 A motion was made by D. Kellogg to close the public hearing for 41 Second Street. The motion 82 was seconded by L. McSherry. The vote was unanimous. 83 A draft Decision was reviewed. 84 MOTION 85 A motion was made by R. Rowen to approve the Site Plan Review Special Permit for 41 Second 86 2 PLANNING BOARD Meeting Minutes Tuesday, January 15, 2013 Town Hall, 120 Main Street 7:00 PM Street, as amended. The motion was seconded by D. Kellogg. The vote was 5-0 in favor. J. 87 Simons abstained. 88 89 OTHER BUSINESS 90 J. Tymon: Advised the Board that there will be a need to discuss zoning regulations for 91 Medical Marijuana Dispensaries and for backyard chickens in the near future. 92 J. Simons: Requested that J. Tymon research what surrounding towns are going to do in 93 terms of zoning for medical marijuana. Also, raised a concern that the Town should start to 94 think about zoning regulations for wind turbines. The discussion related to backyard 95 chickens can wait until the public hearing or it can be discussed earlier. 96 R. Rowen: Whether we recommend in favor or against it there will be a vote at Town 97 Meeting that will require a two-thirds majority vote to pass. 98 99 : MEETING MINUTES Approval of December 18, 2012 meeting minutes. 100 MOTION 101 A motion was made by L. Rudnicki to approve the December 18, 2012 meeting minutes. 102 The motion was seconded by L. McSherry. The vote was 5-0 in favor. J. Simons abstained. 103 104 ADJOURNMENT 105 MOTION: 106 A motion was made by L. Rudnicki to adjourn the meeting. The motion was seconded by M. 107 Colantoni. The vote was unanimous. 108 109 The meeting adjourned at 8:20pm. 110 111 MEETING MATERIALS: Agenda, 1018 Osgood Street: Letter dated Jan. 4, 2013 from Daniel 112 J. Mills, PE, PTOE MDM Transportation Consultants, Inc., Letter dated Dec. 30, 2012 from 113 Joseph D. Peznola, PE Hancock Associates, Letter dated Jan. 7, 2013 from Lisa D. Eggleston, 114 PE Eggleston Environmental, Proposed Site Development Plans for Map 35 Lot 19 1018 115 Osgood Street, North Andover, Massachusetts 01845 dated 12/7/12, summary of review 116 notes dated 1/15/13, 41 Second Street: Draft Decision dated Jan. 15, 2013, Letter dated 117 1/15/13 from Judy Tymon, AICP re: medical marijuana, Letter dated 12/12/12 from Mike 118 Parquette, Comprehensive Planning Manager re: medical marijuana issues, FAQ Regarding 119 Medical Marijuana in Mass. Published 12/31/12, Letter dated 1/11/13 from Hillary 120 Stasonis re: backyard chickens, draft 12/18/12 meeting minutes. 121 3