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HomeMy WebLinkAbout1990-05-03The North Andover Planning Board held a regular meeting on May 3, 1990 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 8:10 p.m. by the Chairman, George Perna, Jr. Also present were John Draper and Jack Graham. John Simons arrived at 8:30 p.m. ~Erich Nitzsche was absent. Due to the lack of a quorum at the beginning of the meeting the Board started with continued public hearing on Warrant Articles. Public Hearinqs Rezone from R-2 to I-1 - Flagship Drive Christian Huntress, Town Planner, stated that he has contacted Town Counsel and a deed restriction would be in order. John Draper read a letter from the Bayfield Company into the record. May 3, 1990 Planning Board Town of North Andover 123 Main Street North Andover, MA Attention~ Mr. George Perna, Chairman Re~ Petition to Rezone Lot 1 of The North Andover Business Park Extension from R-2 to I-1 Gentlemen: Pursuant to discussions and suggestions that have been made during the public hearing regarding the referenced petition, the Land Owner is prepared to grant certain conservation easements, create no build buffer zones, and grant a .67 acre parcel to the Ward Reservation for conservation purposes contingent upon the Planning Board's affirmative recommendation to approve the rezoning of Lot ! from R-2 to I-1. Specifically, the Land Owner will: Place a conservation easement on all land east of the stone wall that abuts the Novello property, an area of approximately 1.95 acres. (Refer to the attached sketch to identify areas) Said easement shall allow improving or replicating wetland resource areas in accordance with provisions of the North Andover Conservation Commission. Deed the .67 acre tab at the southeast corner of the lot over to the Ward Reservation for conservation purposes. Covenant to provide a 50' no cut, no build, natural buffer zone around the east, west, and south property lines. (area = 1.31 acres) 4 o Agree to restrictions with regard to use to those uses allowed under the Zoning Bylaw that do not adversely effect the environment by reason of light, noise, odor, fumes, dust or smoke and that are not dangerous or detrimental to the surrounding areas, as may be reasonably be determined by the Planning Board during Site Plan Review. The net effect of the above covenants is to commit approximately 45% or 3.93 acres of land to conservation use, while still providing the ability for the Town to raise significant tax revenues from the industrial use of the balance of the land which, being bounded by the Business Park on the north, the Ward Reservation on the west and south, and wetland resource areas on the east, has no reasonable prospect of ever being accessed or suitable for residential use. We respectfully request your support of this petition as being in the best interest of the vast majority of the taxpayers in the Town of North Andover. Very truly yours, Michael A. Rice, Vice President Jim Bourgeois showed the Board drawings of the easements listed in the letter. George Perna questioned Christian Huntress on the advantages. Chris stated that the 100' restriction (set back) being in the deed makes this stronger. Jack Graham asked what was the tax revenue on the parcel. Rice said, $45,000 to $50,000. John Grover, 35 Marian Drive, spoke on taxes. Mike Pat Cavanaugh, Marian Drive, asked for a copy of the letter and asked in light of the easements, with relation to the size of the building, what could possibly be developed. Jim Bourgeois stated that most of the sites in the park were 20% developed. George Perna asked what the distance was from the conservation land if Mr. Novello were to build a house. The answer was 400 feet. John Draper referred to the letter regarding noise, light, odor and the like and stated that what would probably allowed would be an office building with no loading docks. A lengthy discussion took place on the Industrial Zone and what is allowed. A motion was made by John Simons to close the public hearing. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. Peter Novello, Marian Drive stated that he had purchased the land for maybe further development. The rezoning of this land would reduce the value of his home. A second motion was made by John Simons to make an U~FAVORABLE recommendation on this article. The motion was seconded by John Draper. Before the vote was taken, Jack Graham asked what the primary reason for the unfavorable recommendation. John Simons answered: 1.) moving from R-2 to I-l; locus of area originally zoned residential. The zone lines were drawn with a buffer, not what you see at "Chemlawn". Jack Graham asked Christian Huntress what would happen to this land. John Simons stated that the applicant bought the land knowing this portion was residential. George Perna stated that the intent of the buffer is maintained with the easements. The Board voted unanimously on the unfavorable recommendation. Watts Regulator - Site Plan Revie~ John Simons read the legal notice to open the public hearing. A letter was read from Watts Regulator to Karen Nelson, Director of Planning and Community Development. Carlton Brown, Port Engineering, presented the Board with a few facts. 2. 3. 4. 5. 6. Proposed is an 80'x50' addition. minor development no increase in employees no wetland involved no Notice of Intent needed no increase in run-off Christian Huntress, Town Planner, stated that the applicant would be going before the Technical Review Committee on Friday. Chris also stated the he has spoken to Mr. Horne with regard to the lighting and it will be addressed. George Perna wants boxed lighting to reduce the lighting situation on Marian Drive. This will be part of the consideration of this special permit. John Draper asked about landscaping. John Simons wants the land abutting the residential area buffered with four season type of trees. George Perna would like to see renderings of what the proposed will look like from Route 114. Paul Hedstrom, Oakes Drive, stated that other towns are requiring 10 foot trees at a cost of $150 each, mature tress to buffer. Pat Cavanaugh, Marian Drive, stated that the addition would bring the building closer to the residential area. Joan Grover, Marian Drive, asked how close to her home the proposed addition would be. Carlton Brown told Mrs. Grover that the proposed would be about 310 feet. Carlton Brown was told by the Board to work very closely with the Technical review Committee. A motion was made by John Simons to continue the public hearing to May 17, 1990. The motion was seconded by John Draper and voted unanimously by those present. Decisions 2070 Turnpike Street - Bayfield Company Christian Huntress gave the Board a draft decision. review the draft. The Board John Simons added two items~ Plan does not conform to zoning, Form A expired on April 27, 1990. 2. Not an allowed use under present zoning, which is VR. A motion was made by John Simons to deny the Site Plan Review for 2070 Turnpike Street as drafted and amended. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. Jack Graham left the meeting at 9~30 p.m. Sign Plans 6 Woodberry Lane The Planning Board did not sign the plans for 6 Woodberry Lane because the 20 day appeal period is not up. The issue will placed on the May 17, 1990 meeting. Public Hearinqs Rezone from R-4 to B-2, 164 Mass Avenue John Simons read a letter from the Fire Chief, Bill Dolan. Richard Kaminskl, 200 Sutton Street, stated that there were two issues~ Access around the building, the Fire Department has responded and the building will have sprinklers. Request for two deeds, Joseph Mahoney presented the Board with the deeds. John Simons expressed his concern with the size of the lot. Dr. Cipro stated that the Condo Association does not want to sell any portion of the property at this time. They want to maintain the property as is. Joseph Mahoney asked the Board to make a favorable recommendation or no recommendation at all. John Simons has a problem with recommending favorable action on a parcel that is 20% under sized. Richard Kaminski said that this was a unique situation. A lengthy discussion took place on variances, lot size and use. Christian Huntress read from the Zoning Bylaw what is allowed in a B-2 District. Richard Kaminski, Joseph Mahoney and Dr. Cipro went over the Zoning Bylaw on the allowed uses in B-2. Several allowed uses were omitted. A motion was made by John Simons to close the public hearing and recommend FAVORABLE action subject to the applicant supplying a covenant on uses and stating that the lot is an under sized lot. The motion was seconded by John Draper. In favor of this recommendation were John Draper and George Perna. John Simons was against a favorable recommendation. Rezone from R-2 to VC Turnpike Street - Forbes Property Christian Huntress visited the site. Conservation easements were provided. A deed restriction will be in perpetuity. A motion was made by John Simons to close the public hearing a recommend FAVORABLE action subject to the deed restriction. The motion was seconded by John Draper and voted unanimous by those present, including the Chairman. Rezone from GB, R-2 & VR to VC Turnpike Street & Sullivan Street - Angus Realty Corp John Simons read a letter from Thomas Caffrey on 1987 rezoning. Jim Bourgeois stated that he has spoken to his client. There is a possibility of giving land to the abutter. George Perna stated that he would like to see a larger buffer area between the residents and any proposed business use. A motion was made by John Simons to close the public hearing an recommend UNFAVORABLE action on this article and request that the applicant withdraw this article at Town Meeting and work with the Planning Board in preparation for the Special Town Meeting in September. The motion wa seconded by John Draper and voted unanimously by those present including the Chairman. Reconsider Rezone VR to VC Turnpike Street - R. Dunn Christian Huntress Town Planner, gave the Board reasons why this article was before them for reconsideration. Robert Dunn gave the Board background on the particular parcel. George Perna stated that he does not want to see the parcel in two lots. Mr. Dunn stated that 1/3 of the 2 plus acres was in the wetlands. John Simons discussed the lot size of 50,000 sq.ft, being too small for Village Commercial District. John Simons wants to be assured that there are no strip malls. Robert Dunn stated that he cannot afford to buy any more land. He would like to have a first class project on the site. He has lost his GB zoning. Paul Hedstrom spoke on working with Mr. Dunn in the for the Special Town Meeting. Mr. Dunn agreed to place a deed restriction on the parcel to develop as one lot. Marian Dunn was also present. Multi curb cuts were discussed along Route 114 and the possibility of the State not allowing them. A motion was made by John Simons to reconsider and reopen the public hearing on the rezoning of Mr. Dunn's parcel, rescinding the previous motion on an unfavorable recommendation and recommending FAVORABLE action subject to a deed restriction for developing the parcel as one lot. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. Reconsiderinq the Acceptance of Sprinq Hill Road Paul St. Hilaire spoke to the Board stating that shrubs were planted in the detention area and all of them died. The issue the Board had was that the area was previously a dense forest, now there are very few trees~ A motion was made by John Simons not to reconsider the acceptance of Spring Hill Road at this time. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. The Board would reconsider in September. Bond Release Marbleridqe Estates John Simons read a letter from Michael Kasabuski requesting to be placed on the agenda for a bond release. A letter was received and read from the Division of Public Works recommending the release of $13,000 for work that has been completed. A motion was made by John Simons to release $13,000 as recommend by the Division of Public Works. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. Minutes March 15, 1990 & April 5, 1990 A motion was made by John Simons to approve the minutes as written. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. A motion was made by John Simons to adjourn the meeting. The motion was seconded by John Draper and voted unanimously by those present, including the Chairman. The Planning Board meeting adjourned at 11:35 p.m. George Perna, Jr , Chairman LJ Eaton, Secretary