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HomeMy WebLinkAbout1990-06-07The North Andover Planning Board held a regular meeting on June 7, 1990, in the town Hall, Selectmen's Meeting Room. The meeting was called to order at 8515 p.m. by the Chairman, George Perna. Also present were Erich Nitzsche and John Draper. John Simons arrived at 8:27 p.m. Jack Graham was absent. ADDroval Not Required Form A Plans South Bradford Street A motion was made by Erich Nitzsche to approve the Form A Plans. The motion was seconded by John Draper and voted unanimously by those present. Wesley Street A motion was made by Erich "Nitzsche to approve the Form A Plans. The motion was seconded by John Draper and voted unanimOusly by those present. Dale Street A motion was made by Erich Nitzsche to approve the Form A Plans. The motion was seconded by John Draper and voted unanimously by those present. Boxford Street A motion was made by Erich Nitzsche to approve the Form A Plans. The motion was seconded by John Draper and voted unanimously by those present. Public Hearinqs 318 Salem Street - Special Permit - Common Driveway John Simons read the legal notice to open the public hearing. A letter was read from the Fire Department. Christian Huntress, Town Planner, stated that the applicant has beenbefore them for a Special Permit in the Watershed District and that one of the requirements was that the applicant come back for a Special Permit for a Common Driveway. The only issue is having residential sprinklers installed. Chris stated that in his draft there is a requirement for 4 foot stone marker ~to identify each house. A motion was made by Erich Nitzsche to close the public hearing and direct Christian Huntress to draft a conditional approval for the common driveway for a vote at the next meeting, adding the condition that Chris mentioned on the stone markers. Also that the stone markers be installed prior to occupancy of the house. The motion was seconded by John Draper and voted unanimously by those present. 138 High Street - Special Permit - Congregate Housing John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner, stated that the Technical Review Committee has seen this application. The Fire Department is looking for 360 degree access and that has been provided. The Police Department was concerned with safety on the site with the adding of additional parking. A letter is being drafted to address their concerns. The Division of Public Works is reviewing the drainage calculations for the site. Conservation does not have to get involved because there are no wetlands on the site. The Board of Health has reviewed and the proposed is connected to sewer but all other Board of Health regulations will have to be adhered to. Christian Huntress stated that he's biggest concern was the traffic and the street is already busy. George Perna reviewed the three different type of elderly housing projects. He asked that during the meeting all persons that wish to speak must give there name and address for the record. John Simons stated that about four years ago a request was made to look into different type of housing for the elderly. A committee was formed. The intent of the congregate housing was that if there was an existing house that perhaps could be used, under selected circumstances, for congregate housing for the elderly in an environment were people could walk to the different town services. Michael Stella, attorney for the applicant, spoke to the Board on the application. The lot is located on High Street near Sutton Street. The lot contains 32,387 sq.ft., required for the area is 12,500 sq.ft. The maximum height for this area is 35 feet, the proposed is 30 feet. The required frontage is 100 feet, applicant has 148.22. The front setback is 30, proposed is 70 feet. The side setback requirements are 15 feet, proposed is 34 feet to the left and 35 feet to the right. The rear setback is 30 feet with the proposed being 85 feet and that the applicant is well within what is required for the R-4 District. The building that are presently on the lot will be destroyed. Mr Stella stated that along with Section 4.122(21), the Board has to look at Section 10.3 (Special Permit) 1. Is it an appropriate location for such a use? Mr. Stella stated that it was allowed in this Zoning District (R-4). Architectural it will blend in with the existing neighborhood. 2. Will the use adversely affect the neighborhood? Mr. Stella stated that the area is primarily residential. 3. Will this be a nuisance or a serious hazard to vehicles or pedestrians? Mr. Stella stated that all parking will be in the rear and that the visibility will be great because of the setback of the building from the street. Will the proposed provide adequate and appropriate facilities of the operation of use? Mr Stella stated that the facilities will be constructed in accordance with the Mass State Building Code under the supervision of the North Andover Building Inspector. Water and sewer are already provided for this site by the Town. Is the Planning Board warranted to make finding that the use is in harmony with purpose and intent of this Bylaw. a specific the general Mr. Stella stated further that in 1989, Article 29 was proposed to be votes of the Town and was approved by the Attorney General. The proposed use breeds its existence from a specific section oX the Zoning Bylaw and its harmony with the general purpose and intent of the Zoning Bylaw should not be questioned. The purpose of the Zoning Bylaw is the promotion of health, safety, convenience, morals and welfare of the Town inhabitants. Joseph Borgeis, JJB Associates, went over the plans with the Board. John Simons asked to see a locus for the site. Mr. Borgeis showed John were the site was located. The will be a single driveway going into the site. There will be 14 parking spaces provided in the rear of the building. The proposed building approximately 80' by 60' The building will be covered with white vinyl with a wood grain. The Board will visit the site. The Board wanted to see a floor plan and what is intended within the structure. What type of mix will be used. What facilities are in common use. Erich Nitzsche wanted the following items addressed~ 2. 3. 4. 5. 9 o 10. 11. The width of the driveway, is it sufficient. The width of the grass spots being 10 feet, not bermed. Percolation tests on drainage. Berms along the driveway. Can the catch basins be leach basins to mitigate the run- off. Details on concrete block access. Roof drainage. Landscaping, every tree that is proposed to be saved or planted. Lighting plan Any additional parking that may be proposed. Architectural design of the structure. John Draper would like to see an elevation of the proposed with that which already exists. He also expressed concerns about parking and traffic. John commented on little or no area for outside recreation of the site. George Perna asked about signs, if there was one and if there was a dumpster, and its location. He also asked about sidewalks. The Board will visit on Saturday June 9, 1990, at 8:00 a.m. Glen Forino, 137 High Street, wanted the Board to keep in mind the Osgood Mill project in the vicinity and the traffic that it would cause. Dorothy Barker, 146 High Street, expressed her concerns about the traffic and the lighting. She stated that she was strongly against the proposed project because of those items. Jean Atkins, 198 High Street, expressed her concerns on the parking in the area. Jay Farrow, 108 High Street, expressed his concerns about safety. There are 17 children under 10 years old in the area. Gayle Apkarian, 154 High Street, asked what the require width of the street was and the fact the maybe the sidewalk has been increased over the years when repaying was done. She also expressed concerns about the speed in the area. At the present time the speed limit is 30 m.p.h. She commented on a noise factor in the area. Ms. Apkarian wanted to know what would happen if the units were not sold. She wanted the Board to look at the area as there are three family dwelling on the vicinity. A motion was made by John Simons to continue the public hearing to July 12, 1990 and direct Christian Huntress, Town Planner, to draft a letter to the applicant listing the concerns expressed and set up a site visit for Saturday, June 9, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present, 203 Turnpike Street - Site Plan Review John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner, went over the concerns raised by the Technical Review Committee. The flow of the parking and the traffic were major concerns. Steve Stapinski, represented Evergreen Associates, for the proposed addition to the existing building. The site is across from Merrimack College and Burger King. Proposed gross floor area is 119,783 sq.ft. The required amount of parking spaces is 399.27, the applicant has 411 spaces at the present time. Elevations of the building were shown to the Board. The existing building is 55 feet high, the proposed is 57 feet. George Perna expressed concerns with the massiveness of the proposed. The Board will visit the site. The buffer area will be viewed at that time. George Perna asked what the zoning was in Andover for the area that abuts the property. Steve Stapinski stated that it was R-1. A brief discussion took place on the parking area. The Board is looking for more green space. Erich Nitzsche asked about the entrance to the property. Steve Stapinski said that the State has been to the owners and at the present time there is no left turn from the site. There will be an easement granted to the State for improvements to Route 114. At the present time the State is reviewing the curb-cut, which is now 5 feet. Erich Nitzsche asked to see the plans that the State is proposing for Route 114. John Simons asked what type of lighting would be provided. George Perna asked that the lighting along Route 114 be reduced. Steve Stapinski told the Board there was a lighting plan for the site. George Perna asked Christian Huntress, Town Planner, to send a letter to the applicant listing all the concerns of the Board. A landscaping plan was requested by the Board. John Simons asked about the construction schedule of the proposed as it relates to the other tenants. One of the owners stated that he would estimate approximately 7 or 8 months for the construction but would confer with the contractor. A motion was made by Erich Nitzsche to continue the public hearing to June 21, 1990, set up a site visit for Saturday, June 9, at 9:00 a.m. and direct Christian Huntress, Town Planner, to send a letter listing those concerns that the Board had raised. The motion was seconded by John Simons and voted unanimously by those present. 296 Salem Street - Special Permit Watershed District Christian Huntress, Town Planner, gave the Board copies of the Conditional Approval from the Conservation Commission and a draft decision from the Planning Department. Thomas Neve, engineer for the applicant, spoke to the Board on the proposed plans for work to be done in the Watershed District. A sewer will be installed with the standards from the Division of Public Works so that in the future others will be able to hook up to the sewer line. The applicant has a variance from the Zoning Board of Appeals. George Perna told Mr. Neve that four affirmative votes were needed for Special Permit approval and that at the present time not all members of the Planning Board are in favor of this application. John Simons is against approving this Special Permit. Christian Huntress, Town Planner, stated that from staffs point of view, including the Director, Karen Nelson, that the applicant has gone to great extent in the engineering for the proposed construction within the Watershed District, including bringing the sewer further done Salem Street. Dominic Giarusso, Salem Street, stated that it would be to the Town's advantage to have the sewer come further up Salem Street. Rene Fugere, abutter, stated that when the proposed was presented to the Board he had many concerns, but is pleased with the engineering that has been proposed for the site. John Simons stated that he was possibly considering changing he mind but wanted to speak to the people at I.E.P. who worked on the original Watershed District Bylaw. A motion was made by John Simons to continue the public hearing to June 21, 1990. The motion was seconded by John Draper and voted unanimously. First Calvery Baptist Church - Site Plan Review John Simons read a letter that was sent to the applicant from Christian Huntress, Town Planner, listing the concerns of the Board. Tony DeCastro, Architect for the church, went over the concerns that were listed in the letter from Christian Huntress. Those items being: The Board would like to see the kind of material which is being proposed for the construction. Specifically for the construction of the exterior walls and roof. Samples of what will be used were shown to the Board, that being red brick, water struck and/or split concrete. The mortar to be used will be similar to the color of that which will be used. Samples of slate for the roof were also shown to the Board. If parking is going to be shared with the adjacent school parking lot than a foot bridge should be constructed to keep pedestrian traffic off Massachusetts Avenue. George Perna asked that the applicant continue reviewing the access from the school with the Technical Review Committee to determine whether there will be a bridge or roadway. John Simons read a letter from the North Andover Public Schools, George Blaisdell, Superintendent of Schools, regarding accessing the church from the school yard. A traffic study shall be done to provide the Board with the pre/post development level of service at the intersection of Massachusetts Avenue and Chickering Road. The applicant is in the process of hiring a traffic consultant to do the study. The Board wanted the study to include a right turn only from the site. 4 o A buffer zone shall be provided in the area of the detention pond to assure that proper screening is provided. The applicant will provide evergreens (15) to screen the area. The Board would like to make it clear that the building permit issued for the raising of the existing structure in no way guarantees that the site plan review application will be granted as shown on the current plans. If the Board determines that the entry drive or structure needs to be moved in the interest of public safety or because of a violation to the Zoning Bylaw, then that may be a condition of any approval granted to this site. The applicant stated that he would work with the Planning Board. A motion was made by John Draper to continue the public hearing to July 12, 1990. The motion was seconded by Erich Nitzsche. George Perna asked Christian Huntress, Town Planner, to send a letter to the applicant. The motion was moved and seconded and voted unanimously by those present. Watts Regulator - Site Plan Review Christian Huntress, Town Planner, gave the Board copies of a draft decision. George Perna visited the site in the evening and the situation seemed to be better with four of the lights turned off. He suggested that pine trees be planted to add a buffer area. A motion was made by Erich Nitzsche to close the public hearing and to approve the Watts Regulator Site Plan Review in accordance with the draft decision and amending Condition #15 to read "A minimum of 10 red pines" be added. The motion was seconded by John Draper and voted unanimously by those present. Johnson Country Store, Turnpike Street - Site Plan Review Johnson Country Store, Turnpike Street - Repetitive Petition David Bain, attorney for the applicant, gave staff a Memorandum of Law. Copies were made available for the Planning Board to review. The Board had asked the applicant to address the Zoning Board of Appeals concerns so that the Board could find substantial or material changes in the application. A lengthy discussion took place on substantial and material changes. Also discussed was the possibility of entering the site from the adjacent property, where the gas station is located. The Board asked Mr. Bain to list the issues that the Zoning Board of Appeals had in their decision and after each issue, tell the Board how the issues were addressed. Michael Green, an attorney, stated that the only factor in the denial was that the Board had not heard from the Mass. D.P.W. for a curb-cut. A heated discussion took place on whether there was substantial or material changes in this application. Some of the Board members felt that there was substantial change to the plans. The request from the Board was to list those changes. The deadline for the Site Plan Review is June 30, 1990. A motion was made by John Draper to continue the public hearings on the site plan review and the repetitive petition to June 21, 1990. The motion was seconded by John Simons and voted unanimously by those present. Villaqe Commercial Table 2 Christian Huntress, Town Planner, stated that he was preparing a presentation for a separate public hearing on the Village Commercial District. A motion was made by John Draper to continue the public hearing on the Village Commercial Table 2, to July 12, 1990. The motion was seconded by Erich ~itzsche and voted unanimously by those present. Approval Not Required Form A Plans Adams Avenue - Combinq 5 Lot into 2 Lots A motion was made by John Draper to approve and endorse the Form A Plans for Adams Avenue. The motion was seconded by Erich Nitzsche and voted unanimously by those present. This approval does not meaning that it is in conformance with the zoning. Bruin Hill Road - Chanqing Lot Lines A motion was made by John Simons to approve the form a plan for Bruin Hill Road. The motion was seconded by Erich Nitzsche and voted unanimously by those present. Discussion Edqewood Life Care - Establish Bond John Simons read a letter from Clifford Elias requesting that a bond amount be set for Edgewood Life Care. A letter was also read for the Division of Public Works recommending a bond in the amount of $470,000 be set for this project. A motion was made by Erich Nitzsche to accept the recommendations from the Division of Public Works for a bond in the amount of $470,000 be established for Edgewood Life Care. The motion was seconded by John Draper and voted unanimously by those present. A Conservation Easement has been submitted for the Board to review. The Board will discuss the easement at their next meeting, June 21, 1990. Chestnut Street - Common Driveway Benjamin Osgood, Jr. was present to discuss the common driveways on Chestnut Street. A lengthy discussion took place on the lots and their configuration as shown on the plans. Osqood Mills - PDD The Board discussed with Ben Osgood, Jr., the possibility of having the State getting involved in the project. Ben will discuss this with his father. There are several banks that are involved in the construction of the project. Bond Release Turner Estates - Christian Way A motion was made by John Simons to release $14,000 as recommended by the Division of public Works. The motion was seconded by Erich Nitzsche and voted unanimously by those present. A motion was made by John Simons to adjourn the meeting. The motion was seconded by Erich Nitzsche and voted unanimously by those present. The Planning Board adjourned the meeting at 1:00 a.m. George Perna, Jr., Chairman J'anet L. Eaton, Secretary