Loading...
HomeMy WebLinkAbout2018-05-03 Decision DEF SUB MODIFICATION Bk 15492 Pg5 #12063 • Town of North Andover o5-29-2oa.e oi: 15p Office of the planning Department Community Development Division 120 Main Street North Andover,Massachusetts 01845 ?Dl$MA y PH NOTICE OF DECISION r•„ DEFINITIVE SUBDIVISION MODIFICATION Date: May 1,2018 Public Hearings: May 1,2018 Date of Decision: May 3,2018 Petition of: Albacado Limited Partnership This is to wrs[3r Mot amity(20)days1120 elapsed faom date of doWon,filed 40 Beechwood Drive *01M IW of an appeal, North Andover,MA 01845 bye Adrha Town Premises Aifeeted: Beechwood Drive,North Andover,MA 01845 Assessor's Map 34,Lot 0006,Map 34,Lot 0050,Map 34 Lot 0051 The above petition for a Definitive Subdivision Modification from the requirements of Chapter 41.81-0, 81-T, 81-D,M,G.L. Said petition seelring to modify a previous Definitive Subdivision Conditional Approval issued by the Planning Board on August 2, 1994, as to remove condition 3(a)requiring Site Plan Review Approval for individual lots prior to any lots being released from the statutory covenants. This project is within,the Corridor Development District 3 Zoning District(CDD3). After a public hearing given on the above dates,and upon the motion by John,Simons and 2"d by Peter Boynton to Approve the Modification to the Definitive Subdivision Decisio)u, and based upon and subject to the following conditions. 'Vote was 5-0 in favor of the application. On b alf of North Andover Planning Board Eitan Goldberg,Chairman. Peter Boynton Jennifer Burns Luz Aaron Preston John Simons r� 1'rua Copy 1 T'Swn Cterk Bk 15492 Pg6 #12063 Reechwvood.Hill Modification to the Definitive Subdivision Conditional approval The Planning Board herein APPROVES the Modification to the Definitive Subdivision Conditional Approval dated August 2, 1994, The project is within the CDD3 Zoning District. This permit was requested by Albacado Limited Partnership. The application for the Definitive Subdivision.Modification Permit was filed with the Planning Board on March 28,2018. The public hearing on the above reference application,was opened on May 1,2018, and closed by the North Andover Planning Board on May 1,2018. The applicant submitted a complete application, which was noticed and reviewed in accordance with M.G.L c4OA, See,9. and Chapter 41,81-0,81-T, 81-U, M.01 and The North Andover Subdivision Rules and Regulations. The Planning Board voted unanimously(by a vote of 5-0)to grant the Modification to the Dermitive Subdivision Permit, A special permit issued by the planning board,as special permit granting authority requires a vote of at least four members of a five-member board. The Applicant is hereby notified that should the Applicant disagree with this decision,the Applicant has the right,under M.G.L. Chapter 40A, Section 17,to appeal this decision within twenty days after the date this decision has been filed with the Town Clerk. The Planning Board makes the following findings in accordance with Chapter 41.81-0, 81-T, 81-U,M.G,L, and the Town of North Andover Rules and Rules and Regulations Governing the Subdivision of band: FINDINGS OF FACT: 1) The Planning Board approved the Definitive Subdivision Conditional Approval on August 2, 1994 which includes all of the information indicated in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. 2) The Definitive Plan adheres to all of the design standards as indicated in Section 7 of the Rules and Regulations except as specifically waived by this decision. 3) The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. 4) The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law,town by-Iaws and insure the public health, safety,and welfare of the town. 5) The Planning Board approved a Special Permit/Site Plan Review for Lot 2 to allow for the construction of a 30,000 SF industrial building located in the Industrial-1 Zoning District on August 27, 1996, 6) .A Form I Covenant was recorded at the Northern Essex Registry of Deeds on September 4, 1996 in Book 4586,Page 50. 2 Bk 15492 Pg7 #12063 Beechwood Hill. Modification to the Definitive Subdivision Condit'to ntal Approval 7) A Form J releasing Lot 2 from The Covenant was recorded at the Northern Essex Registry of Deeds on Book 4595,Page 215 on September 19, 1996, 8) On October 29, 1996 The Planning Board approved a Form A to give Lot 2 a portion of Lot 1 to allow for a parking lot expansion, creating lot 2A and IA. 9) The Street was accepted at the May 11, 1998 Town Meeting. 10)A request to the Planning Board for Insubstantial Change,removing The Covenant requirement for Site flan Review prior to lot release, was denied on July 11, 2017, 11)There has been no construction on Lot 1A. 12)Lot 3 contained an office park prior to the original Covenant. 13)The Planning Board voted to approve a full bond release on April 2,2002. The Form 0 Bond account was closed on April 5, 2002. Finally,the Planning Board finds that the Definitive Subdivision Modification generally complies with Town Subdivision Rules and Regulations requirements as listed.in Section Bylaw requirements so long as the following conditions are complied with: PERMIT DEFINITIONS 14)The"Locus"refers to the subject property consisting of a 3 lot Definitive Subdivision containing 11.46 acres shown as Assessor's Map 34, Lot 0006,Map 34,Lot 0050,Map 34 Lot 0051. 15)The"Plans"refer to the plans entitled Definitive Subdivision Plan of Beechwood Hill in North Andover,MA"dated May 27, 1994, consisting of three(3)sheets,prepared by Christiansen& Sergi, Ina, 160 Summer Street,Haverhill,MA 01830. 16)The"Project refers to the Definitive Subdivision Conditional Approval approved on August 2, 1994 to allow for the creation of a three(3) lot Definitive Subdivision. 17)The"Applicant"refers to Albacado Ltd Partnership,40 Beechwood Drive,North Andover, MA 01845, the applicant for the Definitive Subdivision Conditional Approval Modification, 18)The"Project Owner"refers to the person or entity holding the fee interest to the title to the locus from time to time,which can include but is not limited to the applicant, developer,and owner. SPECIAL CONDITIONS 3 Bk, 15492 Pg8 #12063 Beechw ood H'iil Modification to the Definitive Subdivision Conditional Approval. 19)Any revisions to the approved Playas shall be submitted to the Planning Director for review. If these revisions are deemed substantial,the Applicant must submit revised Plans to the Planning Board for approval. 20)The previous conditions associated with the Definitive Subdivision Plan Conditional Approval dated August 2, 1994 shall remain in effect. Plan entitled: Definitive Subdivision Plan of Beechwood Hill in North Andover,MA. Record Owner &Applicant: Alfred and Jean Contarino 1755 Osgood Street North Andover, MA Prepared by: Christiansen& Sergi,Inc. 160 Summer Street Haverhill,MA 01$30 Dated: May 27, 1994 Scale: As noted Sheets: 3 Supplemental Information for the Definitive Subdivision Plan of Beechwood.Hill in North Andover. Dated: May 27, 1994. Recorded Owner&Application: Alfred.&Jean Contarino, 1755 Osgood Street,North Andover,MA. Prepaxed by: Cbristiausea& Sergi, 160 Summer Street,l"laverhill,MA 01830. CC: Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Assessor Applicant Engineer File Beechwood.sub 4 M. PAUL IPNNUCCILLO, REGISTER ESSER NORTH REGISTRY OF DEEDS E-RECORDED E Notice to APJ5LI(:At�l'!�`f'J,0VM G . K and Oer��f3.cu��.ok�c�b�,"A'G� o�x'a� Y�a Board i on, paf;L��yx��itivre�,t/Snurb�divul �:n Plan sn�aL�.eds.�,DB 'TN�T�)V�' J��xV�SZAH + r• { t .E7 J.:1.l:�C Fl l7f U o D MIL • • + ' •.,{;j:l;� �k, f} •5•r`.k. �i.i}•l .i ., t,.-., i r...��,.....,..,,� ' ', _ 1 B3 r* Christiansen & Sergi,, Inc. dated Nay 'Z'?, The Forth Andover Planning Hoard 4as voted to APPROV, said pLmV subject to the following coudi.tionat X. That the record owners of the oubjeot rand torthwrith exacute and record & "covenant :rwul ng with the .and"t or othor4s6 provide seaur ty for the con-- struoti.on of ways and the :Wsta.ation of mutdo#A services va-hin V d sub"- di.v uiont all as provided by a. 44 8+ 2. That all such construction and instaUations shaU in AU reapects coxaform to the Roverxdjig riles and regulations of this Board. Thatt as required by :the North Andover Board of Health lu its report to this -13oardt no building or othor structure shall. be built .or placed upon Lots No. as shoun on said Plan without the prior 0onsent: of v4d Hoard of Health. 'Other conditions: Sae 4ttaehed ,ate GA In the event that no appeal sball have been takon from said approval within n twenty days from this dater the Morbh=Andover Planning Board 'w-M forthwith thereafter endorse its formal approval upon laid plan. a� � -� >>� � �• •�• aE- � +� � �• •x• yaw •sae- � •� �' �' �• � �' �• � �• � *•�' •� •� a� � � •x• � � NORTH r AU oat 2, 3.994 ,zchaxc� arfla��a, CNairmanv �a.tEf i g $�. try ' i Beeohwood Hill f Definitive Subdivision Conditional Abpraval. ° The Pl.aDning Board herein approves the 3 lot Definitive Subdivision, known as Beechwood Hill, upon the application of Alfred P. Contari.no, 1.755 Osgood Street, North Andover, MA 01845, dated May 26, 1994. The area affected contains approximately 11.46 acres with 10.54 acre6 in the Industrial - l zone and .92 acres in a Residential- 2 Zone off of Osgood � Street/Rt 1.25. The Planning Board snakes the following findings as requi red, by the Rules and Regulations Governing the SubdivWon of Land: A. The Definitive Plank dated May 27, 19954 includes all Of the j inforiAati.on i.ndi.cated. in Section 3 of the Rules and Regulations concerning the procedure for the submission of plans. B. The Definitive Plan adheres to all o the design standards as indicated in section 7 of the Rules and Regulations except as specifically waived by this decision, C, The Defbiiti.ve Plan is in conformance with the purpose and intent of the Subdivision Control Law. D. The Definitive Plan Complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety, and welfare of the town. Vinal.l.y, the Planning Board Finds that they Definitive Subdivision cgroplies with U'own Bylaw requirements so .long as the following conditions are complied with.: - 1. Prior' to endorsement of the plans by the Planning Board the. applicant shall adhere to the following; ,a." The applicant must meet with the Town Planner in order to ensure that the plans conform with the Boardr s ~decision. •,b The contiguous buildable area for all lots must be shown on the plan. The proposed roadway contours and transition grading to adjacent areas and driveways should be shown on the plan. d. A detailed construct ton schedule must, be submitted as part of thG_Plans.,.. _ A obvenant (VORM 1) securing Lots l and 2 within the subdivision for the construction of ways and muni.csi.pal. E i rvjce� must be submitted to the Planning noa �a� Lots may be released Exam the covenantovenant �p pnstin g - �i as regUOted in condition s (d) . F applicant steal] Post a bite opening Bond .in the f- The amount of 10,poo (ten thousand dollars) to be held by the Town of North Andover, The Bond shall be in the farm of a cheok made payable to the Town of North Andover. This amount shall. cover any contingencies that might affect the public welfare such as site- opening, Oleing, erosion control and performance of any other condition contained herein, prior to the posting of the Performance Guarantee as described in. Condition 3 (d) . This Bond may at the discretion Of the Planning Board be rolled over in full., or partially . retained in aocaxdanGe with the recommendation of the Planning Staff as directed by the ^vats ©f the North Andover Planning Board. g• Right of way dedication easements for the proposed roadway shall, be prepared at the applicant's expense and provided to the PJ.annixg Office. '• i ter The applicant must submit to the Town planner a FORM M for al.1 utilities and easements placed on the oubdi.vi.si.on. The Board will sign the document and it must be recorded at the Essex North Registry of beads, E ik Alldrainage, water, and sawage facility designs shall over Dibe approved by the Norther intrusionvisi mita`gat3onPubli shal7 Works. Provisions for wat be included in the design and shown can the construction sekiedul.e required in condition 1(d) , All application foes must be paid in full, and verified by the Town Planner. x. A detailed street trey: planting list shall, be prepared listing sting specific ics material to be used. This list shall indicate quantity and size of all proposed material.. exese of the All documents shale bpi the$ Pla Hinge Boardn Rules and applicant, as required the Pegul.atic�ng G©vex�ni.ng Subdivision of Land. Endorpement of the plans is proof of satisfaction of the above conditions. 2. prior to the start of construction: a. A police detail must be provided if determined necessary by the Planning Board. This detail is to be paid for by the applicant. 1 l = b. The record plans must be epaorsad by the Planning Board , and recorded by the applicant at the Essex North Registry of Deeds. c. Three (3) complete copies of the recorded plans and two (2) oopies at the following recorded documents must be submitted to the Plannbig office$ Subdivision Approval, FORM I Covenant, FORM M utility Basement, Roadway Basement. d. All erosion control, must be in place and reviewed by the Town Planner. e. A, complete set of signed plans, a dopy of the Planning Board decidion, and a copy of the Conservation Commission Order of Conditions if any, 'most be on file at the DiVisl.on of Public works p:cior to issuanOe of permits for oonnactiono to util.iti0e. 3. Prior to any lots being relearned f roan the otatutory covenants: a. Site Plan Review Approval for the individual: lots -must be 'obtained. b. All, site erosion oontrol measures regUired to protect off site properties from the effects of work on the lot proposed to be released must be in place. 'The Town Planning Staff shall determine whether the applicsant , has satisfied the requirements of this provision prior to each lot release and shall report to the Planning � Beard prior to a vote to release said lot. c. The applicant must submit a lot release YOM d' to the Planning Hoard for signature. _ d. A Performance 8ecu.rity (Roadway bond) in an amount to 1 be determined by the PlannIng Beard, upon the j recommendation of the Department of Public works, shall � be posted to ensure completion of the work in accQrdanae with the Plans approved as part of this conditional. approval. Items covered by the Bond may I include, but shall, not be limited to: i. as-built drawings i ii. sewers and utilities iji. waadway construction and maintenance � iv. lot and site erosion control f v; site sareebing and street trees i vi. drainage facilities vil. site restoration viii. final site cleanup , 1 i the 4. Prior to a rOM4 11 verificat'.on f oared ian ��iv the� Planning following information is requ pepartmentt The anpraved �.te plan for the lot must be submitred ' lot for the b► ' Ali appropri fe errisa.or: determination eaf apPx'opr'ate shall be in plaOB- nal measures shall be made by the Planning ward or staff. c. All catch basins shall, be protected and Ana nta nsd with hay bakes to prevent siltation into the drain lines during aanotruction. est�on shall be staked in the field- The d. The Tat in major departures From the plan must be location of any p shown. The ToW'n planner shall verify this information. e, Lot numbers, vioible from the roadways must be posted on all lots. �. Prior to a Certificate Of Occupancy being requested for an individual lot, the following shall be required: nder coat a► The roadway must be congtruoted ocesst the lets In itluest on. of pavement to properly a applicant Fric�x to Dons der 00att that�al.l.on o required f the inspection handesting' shall ensure h and drainage facilities has been of water, sewer, completed. The appl.ioant must submit to tf�e ' Taws Planner an interim t, tk:atr all uti ed by profesoional_ _ engi.neer, verifying have been installed in accordance With the plans and profile sheet. b. All necessary permits and approvals for the let �n he question shall be obtained from tasionrth Andover award of Health, and conservatan Comm c► Permanent numbers must be posted on dwellings and be visible, from the road ion ilized d. A7 as solely determined by the Panning slopes on the lot in ques ]anr:�`��alaa d l besinbregards to erosion, water run off, and safety, e. Al1 lots must be raked, l.oamed and seeded, sodded, or mul shed if the weather does not permit seeding or sodding. f. ne bound There shall be no drivewayss pi,aced where ars ]ae �1et,ta It shall. monurnerita and/or !catch to assure the proper be the level Qpar s responsibility placement of the driveways regardless o� whether indivit}tzal lots are sold- . 'the Planning Board requires any driveway to be moved at the owners expense if such driveway, is at a oatoh basin or stone bound position, g. The Planning Board reserves the right to review the uatio and require site after aonstreeninn a s complete it ems necessaryand additional, Site sor g reasonable. 6. ]Pra.or to the final. rel,ea,sa s shall.Y be t t�ompleted:Lned for tby sth.s fte by the Town, the following appl.iaant i a. The Planning Board Will, by a majority, vote to release any security retained. f b. . An a tied l Pan ewaand pp oval,rOfilck Of the xoadway shall. be rev subm l for public o, The applicant shall. petition Town ]� *. t s a Px3.ox� �tc� submitting acceptance of the street•et petition the applicant shall. warrant article for suoh p work with the warrant view the subdivision and all, remaining blio Works- The Town Planner and laepartment artionof nof the subdivision Planning Board .shall. hold a p operations until bond far continued maintenancehas accented ar �e�eoted ,in i ouch time as Town Meeting the roadways. It shall be favor' of private ownership) that the devel.aparls es been responsibility at thseRegistryaOf proper easements h Deeds. vision d, The Town Planner shall. ensure that all Planning, Conservation Gomm es uirementsd are Of xSatis Satisfied a4t�alth and nd that•. Of Public Work$ r q approved constxuation was in strict aompl�anae with all appr plans and conditions. 7. The applicant shall adhere o •the following requirements of the DiViSiOn Q Public Works: a. The prr�p used road grade Will. require installation sloped gl,apsd granite curb. b, The existing parking adjacent to the proposed road must be eliminated, c, The proposed rued must meet the town Specifications fat width and cross--seation. d. The grade of the Woad at the cul-de-sac $hc�uld be reduced to provide a more IeVel turning area e. The existing drainage must meet the specifications Of I the ppW' and/or be inspected and approved for use as a public drainage. The post-development peals rate of runoff for the 2,7 D, andOQ year storms must not be greater than pre-- developmexrt rates. c�. There is not an existing water main on BeechwoodeDrive. the proposed water main should ih pipe in Onobsgood Street- aonneats to th which e existing The main should also be Looped by extending the B inch pipe from Beachwood Drive to the hydrant shown in the 40 foot aide water easement. all 8. The stibdi.vi.si.on construction a u esnstall andatr gu3 ationson Ohalln and respects conform to the ' specifications of the Division of- public Worlcs. . The Town Planner Will review any signs utilized for this pro e The applicant must obtain a sign permit as j ct. required by Section 6 of the Bylaw. The 3?7arming Board shah approve any, entranced sgmovedreo. prior�tv acoeptanae used for entrance signs must be r p the subdivisio-n by the Town. The applicant shall adhere to the following requirements of the Fire Department: a. open burning is allowed by permit only after j consultation with the Fire Departmexit b. Underground fuel storage will be allowed in conformance � with the Town Bylaws and State the Statute and only Department with the review and approva3 Conservation Coanmission. 11. There shall be no burying or dumping c� construction material on site. � The nctatiori o any stump dumps on site must be pre--approved � { by the planning Beard. 13 . The contractor shall. contact Dig Safe at Least 72 hours c of menci.ng any excavation. Friar to ' cable and Electric' utilities shall. ' be I 14. Gas, Telephone, a ► installed as specified by the respective utility companies, 15. Any aoti.on by a. Town Board, CoMi ssi on,o'r .Department a:Ehich roadway a ig anY requires changes in the r , � � easements or utilities, dra3.nage �ao�,l,�.ti,es, grading or no out lines, may be subject to modification by the Planning Beard. ,,SV. . and l6. The i:ol.3.awi.ng waivers gram the Lana,Rules North Regulations ndover coverning the Subda.v eb ru of 1.989 hve been granted by MaosaCi� UGOtts, Ravised February, the planning Board: Scotian 7{A} (3) : radee greater than 5% shall. be allowed upon receiving a re.eom�endation from then a�v inor asg s tithe gaxdi.ng Works i(DPW) re the advi.sabil.ity grade allowed due tl extensive traffic t andpubl..i,c cutng andisa fety maintenance, expected Level considerations. Due to' the topography, site distance, and te�Wtleaemmndsal na of the intarsecti:an at osgood Street, waiver from this tegul.ati.on. 17. The Definitive Subdi-'vi.sian approval, is based upon the following information: plan. entitled: Definitive Subdivision Plan a-g Beeohwood Mill. in ; North Andover, MA Record owner & Applicant: Alfred & Jean Contari.no 1755 osgood Street North Andover, MA Inc. Prepared by: Christiansen & Sergi., 1.60 S13mmer street Haverhill-, MA 0183 Dated: May 27, 1994 Scale: As noted Sheets: 3 Supplements] xnnx'ittiati.on for the Aefinitave subdivision Plan of Beec�hwaad Hill 3n North Andover. Dated: May 27, 1.994. record Owner & Appli.oant: Alfred & Wean Dori to an en & Sergio 160SSummer North Andover', MA- prepared by: Chris Street, Haverhill., MA. 01.830. ac, Conservation Administrator Director Of Public Worlxs Health Administrator Building inspector Police Ohi,ef Fire Chief Assessor 'Applicant Engineer Pile Heechwood.sub %, r 5/ .ar.aa�a'ust wcr ZONING DISTRICT REFERENCE PLANS \' (R 2) dr (I-1) a,uH n „Hamm „yp„Apr,Lpr Or,�,pae!dL•�m � ro..vlxm r..r.�ar..�c rnwaaw ` mr aAfm Aura,nrs mvnm s1n/r+,yr/ic . .7T fLW 7 GlmRilam4 A�W AMmm ats,anrr �y RiG`l+A0.'YII/aN ltl4'1edG tlfGYY NaS.iL'1 ��• � ,( IaCUS �!J/��T®64f.lYG MTLP f/1.T/Z% REFERENCE DEEDS ASSESSORS REFERENCE ' LOTS � mx-.&WWI=?A=Sh ]LU 31 rorc l ���10�':ux lfaV �i�' N'La � n..- y ]S�JIKCLJ� ar9f ae aawnce r wcc. Ll}CA770N MAP IEOK lj l Not Ix LOT 2A irr yr 6 IA s LOT I-A ¢:, I1RdT11r�G� \ • .may iM= A •, P1.411 OF LAND p +� .. •� �aarw'yT .axlr N/F rac+rmnr naac G aHGe a nee rr NORTH ANDOVVE MA. T��}'�f �7 ��1'�u7f�fn]u7rrTt��]'�7�]'j� 0- AVON."W7Hr um r—A T aLl'BED F. CO Y.L.E.7..L1r.L1,1l�.! •DG- OG=cw Har 7=WW mw]N PAW M Ac¢r cxvr a am: p JEAN A.M_ C'o.tvT vo nva wrcea-vx=-xomr A+wsnx rc. acuo r e 1UIIi.0my 2 ME +a a +s nxr CHRISTMSEN�,SERGI "i�°'w'"u+.ro.a a.e*wer w..m.,W" I Article Thirty-one Amend Zoning Bylaw-Section 6.61)-Signs was accepted by Unanimous Vote. Article Thirty-two Amend Zoning Bylaw-Section 10.4 Variance and Appeals was accepted by Unanimous Vote. Article Roadway Acceptances-Voted by Unanimous Vote to adopt the Layout Or- Thirty-three der and plans approved by.the board of Selectmen for Sugarcane Lane Ex- tension Plan 41886E;B` h�waadDrive,Plah No. 12902 and East Pasture Circle,Plan No. 12615. Article Appropriation of Police/Fire Comp' lex Site&Design in the amount of Thirty-four $60,000 under General Laws Chapter 44,Section 7(22)was passed by a Two- Third Vote as Declared by the Moderator, Article Architectural Fees for High School design in the amount of$235,000 under Thirty-five General Laws Chapter 44,Section 7(22)was passed by a Two-Third Vote as Declared by the Moderator. Article Thirty-six Amend Zoning Bylaw by adding a new section 8.9 Wireless Service Facili- ties as amended was accepted by Unanimous Vote. Article Amend Zoning bylaw Section 2,65-Special Permit Granting Authority for Thirty-seven Wireless Facilities was accepted by Unanimous Vote, Article Amend Zoning Bylaw Section 8.3 - Site Plan Review - was accepted by Thirty-eight Unanimous Vote, Article Amend Town Code-Chapter 178-Wetlands Bylaw-was adopted as Thirty-nine amended by a Vote of YES-133;NO--45. Article Forty Escrow Account- Consultant Fees for the Conservation Commissions By law was accepted by Unanimous Vote. Article Forty-one Revocation of Civil Service forTown`s Custodians and Food Service Worker titles was accepted by Unanimous Vote. Article Forty-two Rezone of 110 Sutton Street-Petition of Robert Carberry and others was accepted by Unanimous Vote Article Forty-three Rezone of Chickering Road from R-4 to Business 1 was accepted by Unani- mous Vote, I Article Forty-four Rezone-'Parcel of Land located on Willow Street-Petition of Leonard Annaloro and Others was defeated-YES---50;NO-80. Article Forty-five Rezone-Portion of Osgood Street from Rl to Business 2-Petition of Joanne McCarthy and Others was Defeated-YES-13;NO--112. Article Forty-six Release of Interest in Certain Paper Streets as presented by the Board of ISelectmen was accepted by Unanimous Vote. Article Forty-seven Abandon Ownership-Paper Streets-Petition of Joan Kulash and Others was Unanimously Voted to Take No Action. Article Forty-eight Amend Town Code Chapter 88-Dogs to add Section 88-6-Removal of Feces was passed by Majority Vote as amended. 1 - 1 i COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning .July 11,2017 Planning Board Meeting ANR 271 Stevens Street • The Board originally continued this matter because Conservation,with whom the Applicant has an NOI filing, had not opened their Public Hearing. Unfortunately,Conservation did not have a quorum and cancelled their meeting last week,The Applicant received the appropriate variances from the ZBA and does comply with the regulations concerning public safety access, public way,CBA and lot frontage. CONTINUED PUBLIC HEARING: 1975 Salem Street(aka 0 Salem Street): • The Applicant has requested to continue until the July 25,2017 meeting. NEW PUBLIC HEARING:175 Salem Street: Application for a Watershed Special Permit.The Applicant proposes to construct a 576 square foot garage and small extension of the existing paved driveway within the Non-Discharge Zone, • The Applicant's engineers has submitted the appropriate updates to the plan and the Stormwater Consultant has signed off on the projects as meeting the standards.A decision has been drafted for your review. DISCUSSION Beechwood Drive: • On May 27, 1994 the Planning Board approved a 3 lot Definitive Subdivision on Beachwood Drive, • According to the Decision,one of the requirements states; "3. Prior to any lots being released from the statutory covenant:a, Site Plan Review Approval for the individual lot must be obtained." • On August 27, 1996 the Planning Board approved a Site Plan Review Special Permit for Lot 2 to allow the construction of a 30,000SF one story building. (L-Com) Lot 2 has since been released. • On October 29, 1996 the Planning Board approved a Form A to give Lot 2 a portion of Lot 1 that would allow for a parking lot expansion. Creating lot 2A and 1A.The Street was Accepted at the May 11, 1998 Town Meeting. • The owners would like to sell all three lots and get Lot 1 and Lot 3 released from the covenant.However,the condition in the May 27, 1994 Planning Board decision states they must provide a Site Plan Review,Where Lot 3 already had an existing building at the time of the subdivision and there are no plans for Lot 1,the Applicant would like to apply for an Insubstantial Change that would remove the condition,Site Plan Review prior to lot release,and have the lots released. Merrimack College: • On April 18,2017, the Planning Board approved a Site Plan Review Special Permit to allow an upgrade to the existing athletic fields to provide a modern synthetic turf field and running track,viewing bleachers(2,500 seats) with a press box,a new field house building for concessions bathrooms,team/locker rooms,and a small event area. • On June 5h Merrimack College requested an insubstantial change to the original design to remove the proposed 7,500SF field house building and replace it with a smaller 2,200SF building for bathrooms and a small ticketing window.The location is adjacent to the grandstands and the outdoor plaza area will remain the same without the structure,There will need to be some other minor changes to the design In terms of drain locations;the overall stormwater design will not be impacted, i i