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HomeMy WebLinkAbout2014-05-06 Planning Board Minutes PLANNING BOARD Meeting Minutes , May 6, 2014 Town Hall, 120 Main Street 7:00 PM 1 Present: R. Rowell, L. Rudnicki, L. McSherry, J. Simons, D. Kellogg, M. Colantoni 2 Absent: 3 Staff Present: C. Bellavance, J. Enright 4 5 Meeting began at 7:00 pm. 6 7 BOND RELEASE 8 Hitching Post Road: Request for a partial release in the amount of$45,400 of performance G 9 bond. 10 D. Kellogg recused himself. 11 C. Bellavance: Met with Carol McGravey, Town Counsel, and Tim Willet,DPW, to discuss the 12 sewer line. T. Willet does not feel the sewer injector pump design was best situation for the 13 town; however, there are others like this throughout the town. This method was used because 14 they were unable to gain easements and access though wetlands to install a gravity fed sewer 15 system. They recommended a release of all of the bond and interest except for$12,000. This 16 amount will be held for final documents and to ensure a street layout plan for street acceptance. 17 Any problems that exist are on the homeowner's property and not in the public way. 18 MOTION 19 A motion was made by R. Rowell to release all bond money for Hitching Post Road except the 20 $12,000 required to bring the road to Town Meeting for street acceptance. The motion was 21 seconded by L. McSherry. The vote was unanimous, 5-0 in favor. D. Kellogg abstained. 22 23 Walgreens, 800 Turnpike Street: Request for release of a$10,000 performance G bond. 24 C. Bellavance: Mark Investment Group permitted the project and they sold the property after 25 completion of construction and the issuance of the Certificate of Occupancy. A site visit was 26 conducted. The landscaping is in good shape overall and matches what is on the original 27 Landscape Plan. There are a few shrubs missing and mulch is needed. Suggested that a letter 28 could be sent to Walgreens stating the requirement to meet the conditions of their special permit 29 and requesting some additional planting and a site cleanup. 30 MOTION 31 A motion was made by R. Rowell to release the full performance bond of$10,000 plus interest 32 for Walgreens. The motion was seconded by D. Kellogg. The vote was unanimous, 6-0. 33 34 PUBLIC HEARINGS 35 CONTINUED PUBLIC HEARING; 316 Great Pond Road: Application for Watershed Special 36 Permit: Applicant seeks to construct an inground pool, patio, shed, fence, and landscaping 37 within the 100 foot Non-Disturbance Zone of the Watershed Protection District. 38 C. Bellavance: There were three questions asked at the last meeting that required follow-up with 39 L. Eggleston. Reviewed L. Eggleston's response to the questions. 40 Jack Sullivan,Engineer: There was a concern raised by a Board member about a gunite pool vs. 41 a vinyl liner pool. L. Eggleston did not have a decision one way or the other on the material to 42 use for the pool. 43 MOTION 1 PLANNING BOARD Meeting Minutes May 6, 2014 Town Hall, 120 Main Street 7:00 PM 44 A motion was made by D. Kellogg to close the public hearing for 316 Great Pond Road. The 45 motion was seconded by R. Rowen. The vote was unanimous, 6-0. 46 A draft Decision was reviewed. 47 MOTION 48 A motion was made by D. Kellogg to approve the Watershed Special Permit for 316 Great Pond 49 Road as amended. The motion was seconded by R. Rowen. The vote was unanimous, 6-0. 50 51 CONTINUED PUBLIC HEARING: Annual Town Meeting Zoning Articles. 52 Planning Board Report—April 15,2014 53 The Planning Board makes the recommendations regarding the following Town Meeting warrant 54 articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: 55 56 Article 33: Amend Zoning Bylaw — Section 18: Downtown Overlay District. To see if the 57 Town will vote to amend the Town of North Andover Zoning Bylaw, Section 18 — Downtown 58 Overlay District, in the following manner, 59 or to take any other action relative thereto. 60 Section 18 Downtown Overlay District 61 62 Section 18.2 Permitted Uses: Add the following uses to the list of uses allowed by Special 63 Permit: 64 65 22. All uses allowed by right in the underlying zoning districts are allowed. 66 67 Add Section 18.7 Waivers: 68 69 Where it can be demonstrated to the Planning Board, as the Special Permit Granting Authority, 70 that the following waivers are consistent with one or more of the purposes of this District, as 71 defined in Section 18.0, the Planning Board may grant those waivers: 72 73 a. Waivers of limited dimensional, design, or other criteria set forth in Sections 18.3 74 through 18.6 of the Downtown Overlay District; 75 b. Waivers of other limited dimensional, design, density, or other criteria under the Zoning 76 Bylaw. 77 78 Add Section 18.8 Underlying Zoning: 79 80 The Downtown Overlay District is an overlay district superimposed on all underlying zoning 81 districts. As required by the Enabling Laws, the regulations for use, dimension, and all other 82 provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full 83 force, except for those sites undergoing development pursuant to Section 18. To the extent that 84 there is a conflict between the provisions of the underlying zoning and the provisions of the 85 Downtown Overlay District, the provision of Article 18 shall govern, unless waived by the 86 Planning Board, in accordance with Section 18.7. 2 PLANNING BOARD Meeting Minutes May 6, 2014 Town Hall, 120 Main Street 7:00 PM 87 Planning Board 88 89 Planning Board Recommendation: Favorable Action (with amendment 90 provisions below) 91 Vote Required: Two-third (2/3)Vote 92 93 J. Simons: Reviewed the proposed amendment recommendations and the reasoning for them: 94 Stated he believed a separate `mill district' bylaw will need to be created in order to separate this 95 district from the Downtown Overlay District. These modifications will allow some flexibility for 96 the short-term. 97 Seth Zeren: Provided an explanation for why these amendments are needed., 98 L. Rudnicki: Recommended that an expiration date be added for the waivers in Section 18.7 to 99 ensure that a new bylaw section is created for this general area. 100 101 Article XX. Amend Section 18 Downtown Overlay District. To see if the town will vote 102 to amend the following sections of the Downtown Overlay District 103 18.1 Location and Applicability 104 The second paragraph of Section 18.1 shall be amended by adding the phrase: "...and shall 105 be reviewed by the!Planning Board, as Special Permit Granting Authority, or otherwise."At .L06 the end of the first sentence, so that the revised sentence shall read as follows: 107 "An application for the Downtown Overlay District shall be in accordance with the standards 108 set forth in this section and shall be reviewed by the Planning Board, as Special Permit 109 Granting Authority; or otherwise." 110 Section 18.2 Permitted Uses 111 Add the following to the list of uses allowed by right after Paragraph 21 112 22. All uses allowed in the underlying'zoning district are allowed by right. 113 And add the following uses to the list of uses allowed by Special Permit 114 10. All uses allowed in the underlying zoning district by special permit are allowed by 115 special permit issued by the Planning Board. 116 Add Section 18.7 Waivers:` 117 Where it can be demonstrated to the Planning Board,as the Special Permit Granting 118 Authority,that the following waivers are consistent with one or more of the purposes of this 119 District, as defined in Section 18.0,would enhance or facilitate the planning, design, and/or 20 layout of existing or new structures or uses permitted within the District, and would not 3 PLANNING BOARD Meeting Minutes May 6, 2014 Town Hall, 120 Main Street 7:00 PM 121 interfere or negatively impact abutting properties,the Planning Board may grant those 122 waivers: 123 a. Waivers of limited dimensional, design, or other criteria set forth in Sections 18.3 124 through 18.6 of the Downtown Overlay District; 125 b. Waivers of other limited dimensional, design,density, or other criteria under the 126 Zoning Bylaw. 127 c. Notwithstanding anything to the contrary in the Zoning Bylaw,no waiver shall be 128 granted for building height in excess of the building height existing on the parcel as 129 of the date of the adoption of this amendment,or for floor area ratio in excess of 2.0 130 131 Add Section 18.8 Underlying Zoning's 132 The Downtown Overlay District is an overlay district superimposed on all underlying zoning 133 districts. Within the Downtown Overlay District,the regulations for use, dimension, and all 134 other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall 135 remain in full force;except for those sites undergoing development in accordance with 136 Section 18. To the extent that there is a conflict between the provisions of the underlying 137 zoning and the provisions of the Downtown Overlay District,the provision of Article 18 138 shall govern,unless waived in accordance with Section 18.7. 139 140 141 EXPLANATION: This Article allows additional uses`within the Downtown Overlay 142 District and waivers as permitted by the Planning Board. 143 144 DISCUSSIONS 145 Planning Board Report Annual Town Meeting 14 146 Planning Board Report—April 15, 2014 147 148 The Planning Board makes the recommendations regarding the following Town Meeting warrant 149 articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: 150 4 PLANNING BOARD Meeting Minutes May 6, 2014 Town Hall, 120 Main Street 7:00 PM 151 Article 29: Citizen's Petition — Authorization to Acquire Berry Street Property consisting 152 of approximately 26 acres of land and building, including a home built in 1824, an historic 153 cemetery dating back to the mid 1700's, land for conservation and as a location for a 154 critically needed out-country fire station and to fund said acquisition by issuance of Bonds 155 and /or Notes, Appropriations, Grants, including Community Preservation Act funds, and 156 from other sources as may be determined by the Board of Selectmen and in an amount not 157 to exceed two million five hundred thousand dollars ($2,500,000), without further Town 158 Meeting approval. To see if the Town will vote to authorize the Board of Selectmen to acquire 159 by purchase, lease, gift, grant, eminent domain, or otherwise two parcels of land and buildings 160 thereon, if any, of which, as approximately 8.7 acres of land and buildings recorded as being 161 owned as of February 28, 2014 by North Andover Holdings, LLC, and approximately 17 acres of 162 land and buildings recorded as being owned as of February 28, 2014 by Berry Street Trust, u/d/t 163 dated August 7, 1981 recorded with the Essex North Registry of Deeds (the Registry) at Book 164 1524, page 97, as amended by Trustee's Certification and First Amendment to Berry Street 165 Trust, dated May 9, 2006, and recorded with the Registry at Book 10177, Page 74 and further 166 amended by Trustee's Certificate and Second Amendment, dated December 16, 2009, and 167 recorded with the Registry at Book 11882, Page 180, all of which is described as follows and to 168 fund said acquisition by issuance of Bonds and/or Notes, Appropriations, Grants, including 169 Community Preservation Act funds, and from other sources, as may be determined by the Board 1.70 of Selectmen and in an amount not to exceed two million five hundred thousand dollars 171 ($2,500,000), without further Town Meeting approval. 172 173 Property Description 174 175 The fee simple estate in and to the land in North Andover, Essex County, Commonwealth of 176 Massachusetts, together with the buildings and improvements thereon, on the northeasterly side 177 of Turnpike Street and Northerly side of Berry Street, and being shown as Lots 1-9 inclusive, 178 Parcel A and Parcel B, and Lot 12 on a plan of land entitled "Definitive Subdivision Plan, 179 Framar Way, off Berry Street, North Andover, MA, Date: August 2011, Prepared for: Margaret 180 Fiore, Goldsmith, Prest & Ringwall, Inc., Engineers and Surveyors", which said plan is recorded 181 with the Essex North District Registry of Deeds as Plan No. 16683. 182 183 Together containing 25,702 acres, more or less, and all of said boundaries being shown on said 184 Plan No. 16683 hereby attached in two formats. 185 186 Excepting therefrom the following, viz. 187 188 1) Such rights, if any, as the inhabitants of the town may have in and to certain portions of 189 the premises to be used by them as a burial place, said burial lot containing 190 approximately 7,500 square feet, and being shown on said plan; 191 5 PLANNING BOARD Meeting Minutes May 6, 2014 Town Hall, 120 Main Street 7:00 PM 192 2) Land along Turnpike Street, also known as Salem Turnpike, released to the Middleton 193 and Danvers Railroad by release dated September 20, 1901, recorded with said Registry 194 at Book 191, Page 220; and 195 196 3) That portion of the premises taken by the Commonwealth of Massachusetts for highway 197 purpose, along Turnpike Street, said taking being recorded with Registry at Book 689, 198 Page 281, and shown on Plan No. 1638 in said Registry. 199 200 For title to the above premises, see deed recorded at Book 1524, Page 103, and at Book 12923, 201 Page 102 in said Registry of Deeds, 202 or to take any other action relative thereto. 203 Petition of Robert Ercolini, et al 204 Planning Board Recommendation: Unfavorable 205 Vote Required: 206 MOTION 207 A motion was made by D.Kellogg to recommend unfavorable action on Article 29. The motion 208 was seconded by R. Rowen. The vote was unanimous, 6-0. 209 210 Brooks School: Proposed start of construction of a previously approved soccer field. The scope 211 of the project is reduced to one field as opposed to two. 212 Chris Huntress, Huntress Associates: In 2009 the Planning Board approved a Watershed Special 213 Permit for the replacement of two existing natural grass fields with synthetic turf fields and 214 sports lights. Those fields were never built. This proposal is to reduce the scope to one synthetic 215 turf field with all work to be completed outside of the Watershed Protection District and outside 216 of the 100' wetland buffer zone. The other field will remain a grass field. Town staff has 217 recommended that an application for a Land Disturbance Permit be filed. We are requesting that 218 the Board allow this application to be approved administratively because it is a reduction in 219 scope and it has been moved outside of the Watershed Protection District. The proposal includes 220 a four pole light system as opposed to the previously approved six pole system. The application 221 has been submitted and it has been sent to L. Eggleston for her peer review. Lisa's fist review 222 comments were just received today and we do not foresee any problem satisfying the comments. 223 Provided an overview of the field location, landscaping, elevation, grading and drainage plan, 224 and improvement plan. 225 J. Simons: Requested that there is specific attention paid to the proposed lighting so as to be 226 good neighbors to abutters. 227 MOTION 228 A motion was made by D. Kellogg to delegate any of the responsibilities for the administration 229 of the Land Disturbance Permit bylaw for the Brooks School athletic field application to Curt 230 Bellavance. The motion was seconded by R. Rowen. The vote was unanimous, 6-0. 231 232 J. Simons: It should be documented in the records that the reason that we are doing this is 233 because we previously approved something that is much more intensive and obtrusive and that 234 we are having a peer review done as well. 6 PLANNING BOARD Meeting Minutes May 6, 2014 Town Hall, 120 Main Street 7:00 PM 235 R. Rowen: This is a minor modification to and a reduction in scope to what was approved in 236 2009. 237 238 Register of Deeds Signature Form: Request for the Board members to sign a signature 239 authorization form to be filed with the Registry of Deeds. 240 241 MEETING MINUTES 242 Approval of April 15, 2014 meeting minutes. 243 MOTION 244 A motion was made by L. Rudnicki to approve the April 15, 2014 meeting minutes as presented. 245 The motion was seconded by D. Kellogg. The vote was unanimous, 6-0. 246 247 ADJOUNMENT 248 MOTION 249 A motion was made by D. Kellogg to adjourn the meeting. The motion was seconded by R. 250 Rowen. The vote was unanimous, 6-0. 251 252 The meeting adjourned at 7:45 pm. 253 254 MEETING MATERIALS: Agenda, Bond Requests, Hitching Post Road: Letter dated 4/29/14 255 from Attorney Don F, Borenstein; Public Hearings: 316 Great Pond Road: Draft Notice of 256 Decision dated 5/6/14, email dated 4/16/2014 from L. Eggleston to J. Tymon, Swimming Pool 257 Maintenance Requirements dated 4/24/14, Proposed Site Development Plan 316 Great Pond 258 Road dated 4/15/14, 316 Great Pond Road Plan of Land dated 8/11/86; Annual Town Meeting 259 Zoning Articles: Section 18 Downtown Overlay District with proposed edits, Article XX Amend 260 Section 18 Downtown Overlay District, Planning Board Report dated 4/15/2014; Discussion 261 Items: Brooks School: Land Disturbance Permit Application, Athletic Field Renovations plan set 262 dated 4/4/2014, two multipurpose field photos dated Spring 2014 prepared by Huntress Sports; 263 Registry of Deeds signature authorization letter; Draft meeting minutes 04/15/14. 7