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Home My WebLink About2013-05-07 Planning Board Minutes (9) PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM Present: J. Simons, M. Colantoni, R. Rowen, D. Kellogg, L. Rudnicki. L. McSherry 1 Absent: 2 Staff Present: J. Enright 3 4 Meeting began at 7:05pm. 5 6 ANR 7 401, 391, 381 Stevens Street: Change of lot lines 8 Tom Patenaude, Developer: Lots X, Y, and Z are not to be buildable lots and are to be combined 9 with and become an integral part of land of C. Douglas & Megan W. Evans. The remaining lots 10 still have sufficient lot area. 11 MOTION 12 A motion was made by R. Rowen to direct the Town Planner to approve the Form A for 401, 13 391, and 381 Stevens Street. The motion was seconded by D. Kellogg. The vote was 14 unanimous. 15 16 POSTPONEMENT 17 CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special 18 Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. 19 single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone 20 and Non-Disturbance Zone of the Watershed Protection District. 21 22 PUBLIC HEARINGS 23 CONTINUED PUBLIC HEARING, 250 Clark Street: Application for Special Permit-Site Plan 24 Review. Applicant proposes to expand the existing building. The expansion will include an 25 additional hanger as well as additional office space, research and development space and storage 26 space. The expansion will also provide additional parking, a larger septic system and stormwater 27 facilities. 28 Jill Mann, Representing the applicant: The Health Department has approved the location and 29 design of the proposed septic system. The Conservation Commission has issued an Order of 30 Conditions. The plans have been updated to relocate a propane tank on the parcel. 31 MOTION 32 A motion was made by D. Kellogg to close the public hearing for the Site Plan Special Permit 33 for 250 Clark Street. The motion was seconded by L. McSherry. The vote was unanimous. 34 A draft Decision was reviewed. 35 MOTION 36 A motion was made by R. Rowen to approve the Site Plan Special Permit for 250 Clark 37 Street as amended. The motion was seconded by M. Colantoni. The vote was unanimous. 38 39 CONTINUED PUBLIC HEARING, 0 Great Pond Road: Application for a Watershed Special 40 Permit. Applicant seeks to construct a single family dwelling with appurtenances on a presently 41 undeveloped, buildable lot. 42 1 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM M. Colantoni: Read notes related to 0 Great Pond Road written by Town Planner, Judy Tymon, 43 dated May 7, 2013. 44 Phil Christiansen, Christiansen & Sergi: L. Eggleston has reviewed the plans. Her comments 45 were received after the first hearing. Changes have been made to the plans in response to her 46 comments; including, a construction sequence has been included, notes were added to the plans 47 related to the landscaping, and the amount of area disturbed has been reduced. Soil testing was 48 conducted on Monday. The open issues are the size of the house, amount of land disturbance, 49 and the issue of whether this is a new lot or an existing lot. The house will be connected to town 50 water and sewer. The lot area is 94K sq. ft. The proposed amount of disturbance is 51 approximately 19K sq. ft. If the home was to be built at the top of the hill there would be 52 approximately 35K sq. ft. of disturbance. There are other lots nearby that get steep very quickly 53 in the front and are flat at the top. This lot stays level in the front and gets steep in the back. The 54 driveway has been revised from a pervious surface to a normal driveway with a pitch so the 55 water will flow towards an infiltration trench on the side. The trench has water stops 56 approximately every 20’. If the trench were to fill up and overflow the water would runoff and 57 generally flow down and through the stone wall towards the lake. There are five drywells to 58 collect the roof runoff. The soil type is fairly silty and is slow draining. 59 J. Simons: Are there any complexities anticipated during the development process and how will 60 they be handled? When you build anything on a slope there are risks when you open up the 61 ground. 62 P. Christiansen: That was the main reason for wanting the house lower on the lot. This will help 63 to minimize any potential catastrophic event from the site. The construction sequence plan is 64 developed to minimize risk. This project has been filed with the Conservation Commission as 65 well. 66 R. Rowen: What is the slope in the cut area? 67 P. Christiansen: From the garage to the edge of the cut area is approximately a 5 to 1 slope. If 68 the house has to be moved back the slope gets greater. 69 P. Christiansen: Along the backyard there is a 4’ retaining wall. There will be stone run behind 70 the wall and a pipe in the wall for an outlet. The water would drain into the backyard. The soil 71 on the hill is a Paxton soil which does not retain a lot of water. 72 R. Rowen: Advised that if there are springs that are interrupted it is far better to direct the water 73 to someplace where it can escape. There should be a condition in the Decision for mitigation in 74 the event this becomes an issue. 75 L. Rudnicki: Recommended that the swale along the driveway be widened in the area that the 76 driveway widens. 77 P. Christiansen: A change can be made to widen the swale in that area. 78 J. Simons: What fundamental difference would it make if the interpretation J. Tymon has 79 regarding the year the lot was created is accepted? 80 P. Christiansen: J. Tymon said in her letter that the Conservation Zone is 100’; however, in the 81 Zoning Bylaw the Conservation Zone for lots created after 1994 is 150’. There is a table in the 82 Bylaw that states 100’ but the text describing the Conservation Zone states 150’. If it is 100’ the 83 proposed house is outside of the Zone. There is some clearing within the Zone. If it is 150’ the 84 house would have to be moved back approximately 35’. 85 2 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM J. Simons: If we look at it from a strictly environmental perspective an argument could be made 86 that this is the best location for the house. If it was moved back 30 or 40 feet there would be 87 more impact. 88 P. Christiansen: There is a 15 to 20 foot grade difference if the house had to be moved back. 89 The driveway would have to be longer, the backyard gets much steeper, instead of one 4’ 90 retaining wall there may need to be two 4’ retaining walls or one 8’ wall. There would be 91 approximately 5,300 sq. ft. of additional disturbance. 92 J. Simons: It seems that if this was being designed from scratch this is where the house would be 93 placed. Substantively the project went through the same process with the ZBA. 94 R. Rowen: What variances were requested and granted from the ZBA and how would they be 95 different if J. Tymon’s interpretation of the Lot is correct? 96 P. Christiansen: The only variance requested was to have the house at the front of the Lot and 97 that variance was granted. The variance request would have asked to build in the Conservation 98 Zone but it would have been the same plan. The variance was granted to build in the Non- 99 Disturbance Zone. There is a note on the Variance plan which has been signed by the ZBA that 100 says the subject property was created prior to 1984 and it was designated at that time as Map 35 101 Parcel 38 and then in 2001 there was frontage and area added to the Lot but it is still the same 102 Map and Parcel number. It is not a new Lot. 103 J. Simons: We should be able to finish for the next meeting as long as all issues resolved with L. 104 Eggleston. The next meeting will be June 4, 2013. 105 106 NEW PUBLIC HEARING, 100 Dale Street: Application for a Watershed Special Permit. The 107 project consists of two (2) building lots. Structures on Lot 2 are to be demolished. A single 108 family home with associated clearing, grading, utilities and stormwater maintenance features is 109 proposed for Lot 1 and Lot 2. 110 Phil Christiansen, Christiansen & Sergi: This project has received a variance from the Board of 111 Appeals for lack of frontage. Each Lot is approximately 90K sq. ft. One Lot has 77’ of frontage 112 and the other has 151’. The existing house will be razed and two new homes constructed. All of 113 the proposed construction is located outside of the Non-Disturbance Zone. The project is in the 114 Non-Discharge Zone. Provided the Board a printout from MassGIS’s online printing tool. The 115 Special Permit being requested is for both Lots. Reviewed three wetland areas depicted on the 116 plans. L. Eggleston has reviewed the plans and a change to the driveway location has been made 117 based on her comments. The soils are very good. A second review from L. Eggleston states that 118 she agrees that confirmatory soil testing does not need to be done at this time and could be made 119 a condition of approval. Also based on L. Eggleston’s comments a construction sequence has 120 been added and stormwater facilities maintenance has been added. 121 R. Rowen: Can the driveway for the house that sits further back be reconfigured where it meets 122 Dale Street to minimize any potential issue with headlights facing the closer house as a car enters 123 the driveway? 124 P. Christiansen: It is located as far left as possible and is perpendicular to Dale Street. 125 J. Simons: Explained the regulatory process and the variance that was granted by the ZBA to the 126 abutters at the meeting. 127 3 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM ABUTTERS: 128 Dinelle Bere, 40 Berrington Place: Provided the Board an aerial view of the of the area that 129 included her home, review comments from Eggleston Environmental dated April 26, 2013, email 130 response comments from Phil Christiansen dated May 2, 2013, and a letter from Phil 131 Christiansen to Judy Tymon dated May 6, 2013. These papers included some hi-lited comments 132 that she requested to be honored. 133 J. Simons: There is a certain amount of overlapping jurisdiction between Planning and 134 Conservation. Conservation is generally the authority for wetlands. 135 P. Christiansen: This project is not within 100’ of a wetland therefore it is not before 136 Conservation. 137 D. Bere: L. Eggleston expressed her concern that an ANRAD had not been filed nor had a NOI 138 been filed. She stated in her review that it is her understanding that either one of these will be 139 filed with the Conservation Commission. 140 J. Simons: The wetlands will be confirmed. She is the technical consultant and every comment 141 will be addressed. 142 D. Bere: Reviewed the first comment from L. Eggleston’s review letter dated May 7, 2013. 143 Stated that she also has privacy issue concerns. The applicant was granted 96’ of frontage for the 144 variance granted which made the Lots extremely thin and limited where the houses could be 145 placed. The proposed new home will be located directly behind her home and there will be clear 146 cutting for the driveway within 5’ of her property line. The garage is situated on the side of the 147 home. The headlights of the cars will be shining into her home. The existing home is off center 148 behind her house and at a lower topography. The proposed home is directly behind her house 149 and will be raised up to the elevation of the land. Questioned whether the setback requirement is 150 being violated on the plan. 151 P. Christiansen: The proposed house meets the required setbacks. 152 D. Bere: Expressed a concern about where the water will go. There will now be two 153 foundations on the property. It is an extremely wet area. 154 R. Rowen: Can the driveway on the left be eliminated and instead have a common driveway. 155 Can the proposed house be located closer to where the existing house is? 156 P. Christiansen: In order to avoid using the same foundation hole as the existing home the 157 proposed home was moved. Also, the land drains to the left. There is a tree cut line shown on 158 the plans between the proposed house and Berrington Place. Will talk to the developer about the 159 possibility of a common driveway, moving the proposed house closer to the existing house, and 160 will look into the possibility of a headlight issue. There is an alternative, if there is going to be a 161 problem with lights, to put up barriers or screening. 162 D. Bere: The minutes from Nov. 2012 state that the Lots are not buildable until you sign off on 163 it. They did receive the variance however the plans need to be approved by the Board. The 164 plans seem to be comfortable and convenient for their potential new buyers. Thankful her 165 concerns are being taken into consideration. 166 Michele Rutter, 59 Berrington Place: Stated that she agreed with the concern that the wetland 167 areas should be confirmed. There are multiple flags that appear to be marking a wetland that 168 would be very close to the proposed house on Lot 1. 169 4 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM J. Simons: Both the Town Planner and Conservation Agent will work together to look at this and 170 someone will go out there. 171 P. Christiansen: That area was marked by a botanist. H. Gaffney, Conservation Field Inspector, 172 specifically reviewed that area to determine if it was a wetland under North Andover statutes and 173 she determined that it wasn’t. 174 J. Simons: Requested H. Gaffney to submit a letter regarding that site visit. 175 P. Christiansen: Requested to have a Decision for the next hearing. 176 J. Simons: We will do it as fast as we can but will not make any promises. There is too much 177 open-ended. 178 179 CONTINUED PUBLIC HEARINGAnnual Town Meeting Zoning Articles 180 : Town Meeting Article to amend Sections 4.121 and 4.122 to allow the keeping of backyard 181 hens in Residence 1, Residence 2, Residence 3 and Residence 4 Zoning District. 182 Hillary Stasonis, 1514 Salem Street: Since the Citizen’s Petition was already signed the 183 recommended changes at the last meeting could not be made. They would have to be made on 184 the floor at Town Meeting. 185 J. Simons: Suggested the Board would recommend favorable actions subject to certain revisions. 186 Discussed ways the motion could be moved on the floor. 187 R. Rowen: Reviewed the two recommended changes discussed at the last meeting. 188 Thomas Ralph, 1483 Salem Street: The goal is to come up with a good ordinance that people are 189 satisfied with. Any reasonable amendments would be listened to. 190 L. Rudnicki: Stated she did not agree that the 40’ buffer was enough. 191 MOTION 192 A motion was made by R. Rowen to recommend favorable action subject to minor modifications. 193 D. Kellogg seconded the motion. The vote was 5-1. R. Rowen, L. McSherry, J. Simons, D. 194 Kellogg, and M. Colantoni voted in favor. L. Runicki voted opposed. 195 196 Town Meeting Warrant Article to amend Section 6.5 Prohibited Signs to prohibit off- 197 premise signs and overhanging signs. 198 This will be voted on at the next Planning Board meeting. 199 200 Town Meeting Warrant Article to amend Section 8.11 in order to put in place a one-year 201 Moratorium for Regulations for Wind Energy Facilities. 202 The Board requested J. Tymon email the red-line changes to the proposed language based on the 203 feedback received from Board members. 204 This will be voted on at the next Planning Board meeting. 205 206 Town Meeting Warrant Article to amend Section 18.2 Downtown Overlay District to 207 require a Special Permit for developments with more than 10 residential dwelling units. 208 This will be voted on at the next Planning Board meeting. 209 210 DISCUSSION 211 Planning Board Report for Annual Town Meeting 212 5 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM The Board requested an additional meeting be scheduled for May 20, 2013 at 8:00am to discuss 213 all Articles not voted on at this meeting. 214 215 Planning Board Report – DRAFT April 29, 2013 216 The Planning Board makes the recommendations regarding the following Town Meeting warrant 217 articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: 218 219 Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to 220 authorize the Board of Selectmen and the School Committee to accept grants of easements for 221 access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board 222 and Committee deem in the best interest of the Town; 223 224 Or to take any other action relative thereto. 225 Board of Selectmen 226 This will be voted on at the next Planning Board meeting. 227 228 Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize 229 the Board of Selectmen and the School Committee to grant easements for access, water, 230 drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee 231 deem in the best interest of the Town; 232 233 Or to take any other action relative thereto. 234 Board of Selectmen 235 This will be voted on at the next Planning Board meeting. 236 237 238 Vote Required: Majority Vote 239 240 241 Article 11: Citizen’s Petition – Conveyance of Property from Orchard Village, LLC to 242 Town of North Andover. To see if the Town will vote to authorize the Board of Selectmen to 243 accept, for no monetary consideration, the conveyance of the following property from Orchard 244 Village, LLC, upon terms and conditions deemed by the Board of Selectmen to be in the best 245 interest of the Town. 246 247 That certain parcel of land, together with all buildings and improvements thereon, including 248 without limitation the water pump station and all equipment and pump station apparatus, located 249 off of Salem Turnpike in North Andover, Essex County, Massachusetts, and more particularly 250 described as Lot 33 on a plan of land entitled: “Definitive Subdivision Plan For ‘Orchard 251 Village’ in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001 252 Turnpike Street, North Andover, MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond 253 Road, Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160 254 Summer St. Haverhill, MA 01830, Tel. 978-373-0310”, dated April 2, 2009, last revised on June 255 6 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM 9, 2009, and filed with the Essex North Registry of Deeds District of the Land Court on October 256 16, 2009 as Plan Number 18083E, to which plan reference may be had for a more particular 257 description of said Lot 33 (hereinafter referred to as the “Subdivision Plan”). The above Lot is 258 designated “Not a Building Lot” and contains 2,047 square feet (.0470 ac), more or less, 259 according to said Subdivision Plan. Said property shall be conveyed subject to the following 260 conditions: 261 262 1.The fee in the roadway shown as the “Proposed Road” and Lot 34 on the 263 Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be 264 conveyed herewith the right to use, in common with the Orchard Village, LLC and 265 those claiming by through or under the Orchard Village, LLC and others lawfully 266 entitled thereto, the way shown on the Plan as Proposed Road (now known as 267 Empire Drive) for the purpose of ingress and egress to the property granted herein. 268 269 2.Orchard Village, LLC shall reserve unto itself, its heirs and assigns, all easements 270 affecting the premises conveyed to the Town and shown on the Subdivision Plan. 271 This conveyance shall be subject to the easements, conditions, and restrictions 272 contained in the Subdivision Plan, and all other easements, reservations, covenants 273 and restrictions of record, insofar as the same are in force and applicable, and 274 acceptable to the Board of Selectmen, however not intending to revive any of the 275 same. 276 277 3.Orchard Village, LLC shall also grant to the Town a permanent and perpetual right 278 and easement to re-install, maintain and repair the water mains and associated pipes 279 and fixtures now located within said Lot 34, in common with Orchard Village, LLC 280 and those claiming by through or under the Orchard Village, LLC and others 281 lawfully entitled thereto to use Lot 34 for all purposes that street and ways are 282 currently used in the Town of North Andover. The Grantor shall also reserve the 283 right to install, maintain and repair utilities in Lot 34, excluding the water mains and 284 associated pipes and fixtures. 285 286 4.Upon any exercise of the easement rights that disturb the surface of the ground of 287 Lot 34, the Grantee shall reasonably restore the ground to its previous condition. By 288 acceptance of this conveyance, the Town shall accept responsibility for the 289 maintenance, operation and repair of the water booster pump station and all related 290 improvements and equipment located on said Lot 33 and the water mains and 291 associated pipes and fixtures located within said Lot 34. 292 293 5.There is reserved unto Orchard Village, LLC an easement and right to connect 294 Orchard Village LLC’s remaining land to the water mains and associated pipes and 295 fixtures located within said Lot 34, upon the payment of customary connection fees 296 to the town, 297 298 7 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM Or take any other action related thereto. 299 300 Petition of Douglas B. Small, et al 301 302 303 Board of Selectmen Recommendation: Favorable Action 304 This will be voted on at the next Planning Board meeting. 305 306 Vote Required: Majority Vote 307 308 309 Article 20: Appropriation – Capital Improvement Plan for Fiscal Year 2014 . To see if the 310 Town will vote to fund the Capital Improvement Program as listed under the heading “Board of 311 Selectmen/Finance Committee/Town Manager Recommendations” and with the language 312 included, 313 8 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM 314 FY14 CIP Recommendations Other Funding Board of SelectmenSourcesAuthorized to Finance Committee(Grants, Chapter 90Borrow under Town Manager Excess bond Line #Project DescriptionRecommendations CPA & Spec Rev)ProceedsChapter 44 Ambulance $ 260,000$ (20,688)$ 239,312 1 Roadway Improvements $ 1,115,000$ (775,000)$ (29,476)$ 310,524 2 Sidewalks Reconstruction $ 75,000$ 75,000 3 Building Maintnenace $ 150,000$ 150,000 4 Front End Loader $ 230,000$ 230,000 5 District Wide Paving $ 100,000$ (7,309)$ 92,691 6 Town Farm: Construction of Playing Fields 7 (Phase I) $ 300,000$ (300,000)$ - Facilities Master Plan Implementation $ 3,895,500$ 3,895,500 8 IT Room Air Conditioning $ 76,839$ 76,839 9 Municipal IT $ 50,000$ 50,000 10 Tractor and Brush Cutter $ 125,000$ 125,000 11 School IT $ 127,131$ 127,131 12 Water & High Street Lights, Intersection, Road Improv $ 110,000$ 110,000 13 General Fund Total $ 6,614,470$ (1,075,000)$ (57,473)$ 5,481,997 Replacement of Carbon Filter Actuators $ 220,000$ (172,809)$ 47,191 14 Emergency Power Upgrade WTP $ 220,000$ 220,000 15 Water Enterprise Fund Total $ 440,000$ -$ (172,809)$ 267,191 School St & Bunkerhill St Sewer Replacment $ 300,000$ (300,000)$ - 16 Improvements to vaious Sewer Pump Stations $ 1,462,381$ (1,462,381)$ - 17 Sewer Enterprise Fund Total $ 1,762,381$ -$ (1,762,381)$ - Total All Funds $ 8,816,851$ (1,075,000)$ (1,992,663)$ 5,749,188 315 9 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $5,749,188 under chapter 44 of the Massachusettes General Law or any other enabling authority, (2) a portion of the appropriation for item 1 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number $ 4,108.02Fire Truck2010 / Art 1Date Bonded $ 1,490.11Drainage Inmprovements 20072006 /Art 24 Sec 32/17/2011 $ 8,090.00Senior Center Roof Replacement2010 / Art 28 Sec 3 6/15/09 Dump Truck w/plow, sander and basin cleaner $ 6,999.872011 Art 27 Sec 102/17/2011 $ 20,688.005/17/2012 (3) a portion of the appropriation for item 2 above shall be funded with the transfer from the following projects in the amounts set forth below, said sums represent excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded $ 1,996.00Internet Telephone System2011 / Art 27 Sec 35/17/2012 $ 223.00School Data Storage and Intergration2011 / Art 27 Sec 85/17/2012 $ 2,156.00Network Connection Upgrade2008 / Art 14 Sec 76/15/2009 $ 25,101.00Emergency Generator 2011 / Art 27 Sec 75/17/2012 $ 29,476.00 (4) a portion of the appropriation for item 6 above 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: AmountProjectDate/Article Number Date Bonded $ 7,309.00Fire Sprinkler System - Kittridge School2010 / Art 28 Sec 122/17/2011 $ 7,309.00 316 10 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM (5) a portion of the appropriation for item 14 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded $ 4,000.28Lake Co1991 / Art 12 Sec 206/15/2001 $ 113,925.00Bear Hill Reseviour2004 / Art 11 sec 226/15/2005 $ 40,507.28Water Main Rehab2007 / Art 21 Sec 196/17/2008 12/15/2009 $ 14,376.44Foxwood Booster Pump2008 / Art 14 Sec 16 $ 172,809.00 (6) the appropriation for item 16 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded refunding $27,424.62East Side Interceptor2001 / Art 8 Sec 14bonds 6/15/03 refunding bonds $5,927.41Sewer System Ext Phase IVA2001 / Art 8 Sec 156/15/03 $30,913.66Sewer System Ext in Watershed2002 / Art 11 Sec 246/15/2003 $1,945.00Angus pump1992 / Art 21 1/15/1996 refunding $128,993.07Sewer Sy Ext Phase 3C1998 / Art 10 Sec 27 bonds 6/12/08 $73,875.67West Side Sewer Trunk Relief1998 / Art 10 Sec 26 6/15/2001 $2,439.51Sewer System Phase III D2000 / Art 14 Sec 254/1/2002 $900.00Sewer System Ext Phase IV2000 /Art 14 Sec 164/1/2002 $897.94Eastside Sewer Replacement Design2000 / Art 14 Sec 28 4/1/2002 $3,000.00New Bonny Lane Pump Station2004 / Art 11 Sec 28 6/13/2005 $23,683.12Sewer Ext Phase 4D2005 / Art 10 Sec 59/20/2006 $300,000.00 (7) a portion of the appropriation for item 17 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded $123,477.35Sewer Ext Phase 4D2005 / Art 10 Sec 5 9/20/2006 $938,406.39Waverly Road Relief Sewer Main2007 / Art 21 Sec 23 6/1/2008 317 11 $400,497.31Eastside Trunk Sewer2008 / Art 14 Sec 17 12/15/2009 $1,462,381.05 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM or to take any other action relative thereto. 318 319 Town Manager 320 321 Board of Selectmen Recommendation: Favorable Action 322 Finance Committee Recommendation: Favorable Action 323 This will be voted on at the next Planning Board meeting. 324 325 Vote Required: Two-third (2/3) Vote 326 327 328 329 EXPLANATION: A capital improvement plan is a major, non-routine expenditure for 330 new construction, major equipment purchase, or improvement to existing buildings, 331 facilities, land or infrastructure with an estimated useful life of five years or more, and a 332 cost of $25,000 or more. Items in this plan are funded by debt; the Town will issue bonds 333 of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments 334 over that term. The bonds may be general obligation (funded by the general tax levy) or 335 special obligation (funded by water or sewer rates). 336 337 338 339 Article 21: Report of the Community Preservation Committee – Appropriation From 340 Community Preservation Committee Fund. To receive the report of the Community 341 Preservation Committee and to see if the Town will vote to raise, borrow, transfer and/or 342 appropriate from the Community Preservation Fund, in accordance with the provisions of 343 Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the 344 Community Preservation Committee, 345 346 or to take any other action relative thereto. 347 348 List of Approved Projects – Community Preservation Fund 349 350 Description Amount Category 351 352 Preservation of Second Burying Ground $ 30,000 Historical Preservation 353 McEvoy Field and Facility Refurbishment $ 903,350 Open Space Protection 354 Town Farm: Construction of Playing Fields 355 (Phase II) $ 300,000 Open Space Protection 356 North Andover Historical Society: 357 Building Preservation (per Master Plan) $ 397,000 Historical Preservation 358 12 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM Stevens Estate – Roofing/Flashing/Coverings $ 436,950 Historical Preservation 359 Scholfield Mill – Stabilization, Exterior 360 Restoration, and Interior Restoration $ 130,000 Historical Preservation 361 Ridgewood Cemetery – National Registry of $ 7,500 Historical Preservation 362 Historic Places 363 Veterans’ Housing $ 461,894 Affordable Housing 364 Foster Street (Parcel 104D-0014): Purchase of fee 365 interest in approximately 8.05 acres of open field 366 wetlands and adjoining conservation land owned by 367 Essex County Greenbelt, plus closing costs (final 368 purchase price not to exceed appraised value of 369 property, total cost to be reduced by amount of 370 any government grants or private contributions). 371 Purchase contingent on seller paying any and 372 all roll back taxes per M.G.L. c61A $ 500,000 Open Space Protection 373 Administrative Costs $ 30,000 Administrative and 374 Operating Expenses 375 376 Total for Approved Projects $3,196,694 377 From CPA Affordable Housing Reserve $ 251,000 378 Net New Appropriations $2,945,694 379 380 Community Preservation Committee 381 382 Board of Selectmen Recommendation: To be made at Town Meeting 383 Finance Committee Recommendation: Favorable Action 384 385 J. Simons: Provided an overview of each line item. 386 MOTION 387 A motion was made by D. Kellogg to recommend favorable action on the CPA Article excluding 388 the Foster Street line item. The motion was seconded by L. McSherry. The vote was 5-0 in 389 favor. J. Simons recused himself. 390 391 Planning Board Recommendation Favorable Action with the exclusion of the Foster 392 Street (Parcel 104D-0014) line item 393 394 Vote Required: Majority Vote 395 396 13 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM EXPLANATION: The Community Preservation Act (CPA) addresses community issues 397 such as acquisition and preservation of open space, creation and support of affordable 398 housing, acquisition and preservation of historic buildings and landscapes, and creation 399 and support of recreational opportunities. The CPA, adopted at a Special Town Meeting in 400 January 2001, and by the voters at the Town Election in March 2001, levies a 3% 401 surcharge on property taxes with two exemptions: $100,000 of the value of every residential 402 property, and a complete exemption on property owned and occupied by people who 403 qualify for low-income housing or low- or moderate-income senior housing. 404 405 The Community Preservation Committee (CPC) annually recommends how funds should 406 be spent or set aside for future spending among the allowable categories of a) open space; 407 b) historic preservation; c) affordable housing; and d) land for recreational use, with a 408 minimum of 10% required in each of the first three categories. In addition, a maximum of 409 5% may be spent on administrative expenses by the CPC. Town Meeting may either 410 approve or reduce the recommended expenditures, but cannot add to them. North Andover 411 received matching funds equal to $404,528 or 29.65% in FY13 from the Commonwealth. 412 413 414 415 Article 26: Authorize the Acquisition of the Rea’s Pond Sewer Pump Station. To see if the 416 Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, or eminent 417 domain the sewerage pump station and contiguous sewer lines, manholes, conduits and other 418 appurtenances necessary for the flowage of sewerage and associated with the operation of the 419 sewer system known as the Great Pond Road Pumping Station by Rea’s Pond, including but not 420 limited to all right, title and interest in any easements associated with said sewer system, and all 421 right, title and interest to all and every property interest, real or personal, in any manner 422 associated with the sewer system, which are located in the areas shown as “Easement1” and 423 “Easement 2” on plan of land entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond 424 Road, North Andover, Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill 425 Associates, Inc., Hanover, MA, and to pay no damages for said eminent domain taking, 426 427 or to take any other action relative thereto. 428 429 Town Manager 430 431 Board of Selectmen Recommendation: Favorable Action 432 Conservation Commission Recommendation: Favorable Action 433 This will be voted on at the next Planning Board meeting. 434 435 Vote Required: Two-third (2/3) Vote 436 437 438 14 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM EXPLANATION: The Town is planning substantial upgrades to an existing sewer pump 439 station at Rae’s Pond (see Article 20 above). This town owned pump station is located on an 440 easement previously acquired from the Conservation Commission. This Article is a legal 441 requirement prior to commencing work on said pump station. 442 443 444 Article 27: Approve Special Legislation for Easement at Rea’s Pond Sewer Pump Station. 445 To see if the Town will vote to authorize the Board of Selectmen to file a petition to the 446 Legislature to authorize, notwithstanding the provisions of Article 97 of the Constitution of the 447 Commonwealth of Massachusetts, or any general or special law to the contrary, the Conservation 448 Commission of the Town of North Andover to grant to the Town of North Andover Board of 449 Selectmen a permanent easement upon the land shown as “Easement 1” and “Easement 2” on 450 Plan entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond Road, North Andover, 451 Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill Associates, Inc., 452 Hanover, MA, which land is currently under the care, custody and control of the Conservation 453 Commission, to be used for the use and replacement of the existing sewerage pump station and 454 contiguous sewer lines, manholes, conduits and other appurtenances associated with the 455 operation of the sewer system known as the Great Pond Road pumping station, 456 457 or to take any other action relative thereto. 458 Town Manager 459 460 Board of Selectmen Recommendation: Favorable Action 461 Conservation Commission Recommendation: Favorable Action 462 This will be voted on at the next Planning Board meeting. 463 464 Vote Required: Majority 465 466 467 EXPLANATION: See EXPLANATION for Article 26 above. 468 469 15 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM 470 471 : MEETING MINUTES Approval of April 16, 2013 meeting minutes. 472 MOTION 473 A motion was made by L. Rudnicki to approve the April 16, 2013 meeting minutes. The motion 474 was seconded by L. McSherry. The vote was unanimous. 475 476 477 ADJOURNMENT 478 MOTION : 479 A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by R. 480 Rowen. The vote was unanimous. 481 482 The meeting adjourned at 9:10 pm. 483 484 MEETING MATERIALS: Agenda, 250 Clark Street: draft Decision, Site Plan dated March 26, 485 2013, Site Plan (4 pages) dated May 6, 2013, Operations & Maintenance Plan dated April 9, 486 2013, Response letters to Stormwater Review dated April 10 and April 3, 2013 from Williams & 487 Sparages, revised 0 Great Pond Road: Site Plan of Land Great Pond Road Variance and 488 Watershed Special Permit dated 5/1/13, Notice of Intent Plan Construction Details dated 5/1/13, : 489 Site Plan of Land Great Pond Road Variance and Watershed Special Permit dated 5/6/13, 490 Watershed Special Permit Site Plan Details dated May 6, 2013, Eggleston Environmental 491 16 PLANNING BOARD Meeting Minutes Tuesday, May 7, 2013 Town Hall, 120 Main Street 7:00 PM Stormwater Review dated April 22, 2013, email from Phil Christiansen, PE to Lisa Eggleston 492 dated 5/2/2013 re: responses to stormwater review, email from Lisa Eggleston to Phil 493 Christiansen, PE dated 5/1/2013 re: Scuito, 100 Dale Street: Site Development for Watershed 494 Special Permit Plan dated 4/4/2013, Site Development for Watershed Special Permit Plan dated 495 5/6/2013, Wetland Location and Soil Types for Watershed Special Permit dated May 3, 2013, 496 Eggleston Environmental Sormwater Review dated 4/26/2013, email from Phil Christiansen, PE 497 dated May 2, 2013 re: 100 dale st,, Web Soil Survey (3 pages), MassGIS Online Mappoint Tool, 498 aerial view Bere home and existing home, Planning Board Report—Draft dated 4/29/2013, 499 4/16/13 draft meeting minutes. 500 17