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HomeMy WebLinkAbout2015-08-18 Planning Board Minutes Town of North Andover PLANNING BOARD—MEETING MINUTES John Simons, Chairmania DavirlKellogg Lynne Rndnicki Lora McSherry Peter Boynton Regina Ifean Tuesdary August I8, 2015 @ 7 p.m, Town Hall,120 Mai S ir eetNorIA ndover,MA 01845 1 Present: J. Simons,L.Rudnicki,L.McSherry,D. Kellogg, P.Boynton,R. Dean 2 Staff Present: Eric Kfoury,Kristine Cheetham,Bonnie Wolstromer 3 4 J Simons, Chairman: Called the Planning Board meeting for Tuesday, August 18,2015 to order at 7 p.m. 5 6 Form A: Approval Not Required 7 440 Osgood Street Arthur&Martha Larson(Map 102 Lot 3) R-2 zoning. Applicant seeks to subdivide house 8 lot into two lots. 9 K. Cheetham: This ANR will produce two buildable lots with frontage and access on Osgood St. Lot 2A will have 10 237 ft. of frontage and 102,621 sq. of acreage,Lot 2B will have 150 ft. of frontage and 11 55,035 sq. ft. of acreage. 12 Martha Larson(Applicant): This lot is the site of the Samuel Osgood House,believed to be one of the oldest 13 houses in North Andover; originally built in 1740. There will be covenants on the original house and lot held by 14 Historic New England.We are breaking lot 2 into lots 2A&2B. 15 Planning Board: The Board Requested a note be added to the Plan that explains the purpose and properly identifies 16 the previous lot and the two new lots. 17 MOTION: D.Kellogg made a motion to direct the Planner to sign the ANR pending an added note that clarifies 18 the purpose of the ANR to break up Lot 2 into two parcels: Lots 2A&2B. The motion was seconded by L. 9 McSherry. The vote was 5-0,unanimous in favor -0 21 PUBLIC MEETING 22 Rel4eney Place 464 Appleton Street: Administrative modification to the PRD Subdivision Decision. 23 K. Cheetham: The Town and applicant attorneys are seeking clarification on the designation of ownership for the 24 access and utility easement. The Modification Decision grants the easement to the Homeowners Association. G. 25 Willis would like the easement to include the Town. The Town Planner noted that the Decision for the original 26 Definitive Subdivision and the Special Permit for the PRD both granted the access and utility easement solely to 27 the Town. 28 Planning Board: The members discussed rationale for a transfer of ownership from the Town to the Homeowners 29 Association. The Board concluded that the Town should be added to the ownership of the access and utility 30 easement. 31 MOTION: L. Rudnicki made a motion to add the Town of North Andover to the Regency Place easement 32 document. L.McSherry seconded the motion. The vote was 5-0 unanimous in favor. 33 34 330 Marbleridte Road (Map 37 Lot 9)Request for waiver of Watershed Special Permit for construction and 35 expansion of a deck. 36 Jason Newton(Applicant): We are currently expanding our deck which is in disrepair.We intend to use crushed 37 gravel for runoff beneath the deck. There is a retaining wall currently in place around the deck.There are no plans 38 at this time for additional landscaping. 39 40 Planning Board:oard: The Board discussed the project,reviewed site photos, and determined that the reconstruction of a 41 deck in the same location as the existing deck was minor in nature. They agreed that a waiver of the Watershed 42 Special Permit could be granted with standard conditions. 1 Town of North Andover PLANNING BOARD—MEETING MINUTES John Simons, Chairman �' David I(ellogg Lynne Rudnicki „� Lora McSherry Peter Boynton Regina I(ean Tuesday August 18,2015 @ 7p.m. Town Hall,120 Main Street,North Andover,MA 01845 43 MOTION: L.Rudnicki made a motion to waive the Watershed Special Permit for 330 Marbleridge Road subject 44 to the applicant following some standard Conditions.L. McSherry seconded the motion. The vote was 5-0 45 unanimous in favor. 46 47 201 Sutton Street (Map 28 Lot 21): The Dialysis Center requests Minor Modification to a Site Plan Review 48 Decision to allow 22 treatment beds. The current Decision is limited to 19 beds. 49 K. Cheetham: This project came to the Board suddenly and without the typical notice procedure due to medical 50 licensing needs. The original Decision, dated 1997, states that the applicant is allowed to have 19 beds and if they 51 exceed that,they are required to seek approval of the Planning Board.The business is operating now with 22 beds 52 and is not in compliance with their Site Plan Review Special Permit. I did inquire about the parking needs 53 associated with the business expansion. The applicant assured me that a majority of their patients typically don't 54 drive themselves to treatment. The Planner noted that if the Board feels this needs to be noticed publicly,then the 55 matter can be placed on a future agenda. 56 Dianna Holm (Applicant): We presented plans for interior renovations to the Building and Health Departments not 57 realizing we needed to come before the Planning Board. We received certification for the renovations and now 58 have 22 treatment beds/stations. We recently found out about this approval from the Building Inspector. Without 59 a renewed Dept. of Safety inspection, our license to operate expires on September 2, 2015.1 will have 114 dialysis 60 patients with no place to treat them.My understanding is that until this is cleared up I cannot move forward with 61 my safety inspection. 62 Planning Board: The members of the Board had several questions for the applicant relative to the business 63 operation,the approved site plan,parking needs,and the process for permits and licenses. They were concerned 64 that this might not be the only expansion of the business and they were also concerned that there wasn't proper 65 notice for abutters to learn of this change. The Board was also concerned that the nature of dialysis was life 66 threatening to patients. 67 L.Rudnicki: Suggested that the Board issue a waiver or temporary approval for the Building Inspector that will 68 waive the amount of beds for a month in order to get the licensing resolved. This would enable the Board to retain 69 some leverage that the license wouldn't be renewed the next time if the applicant did not return with an 70 application. 71 J. Simons: Stressed to the applicant that the Board needs to be consistent in the process of Modifications for all 72 permits. He added that this project was unique and required an immediate resolution on behalf of the patients but 73 a temporary measure would be the right direction. 74 MOTION: L. Rudnicki made a motion to allow the Building Inspector to provide a Temporary Waiver from 19 75 beds to 22 for a period not to exceed three months. The applicant will have to file a Site Plan Review 76 Modification.P. Boynton seconded the motion. The vote was 5-0, unanimous in favor. 77 78 PUBLIC HEARING 79 602 Boxford Street Welling Way(Map 105C Lot 22)Definitive Planned Residential Development(PRD) 80 Subdivision:Applicant seeks approval of a subdivision consisting of 7 single family homes with Open Space. 81 K. Cheetham: The public hearing was opened at the last meeting. There were several comments from different 82 departments in your meeting packets. There is a draft of the PRD Special Permit and Definitive Plan in your 83 packets as well. 84 J. Simons: The Public Hearing is still open, so the focus should be on what's unresolved rather focusing on the 85 Decision. Are there any important items still open? 2 Torvta of North Andover PLANNING BOARD—MEETING MINUTES John Simons, Chairman ai David I(ellogg Lynne Ru(Inicki Lora McSherry Peter Boynton Regina Kean Tuesday August I8,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845 $6 P Christiansen(Applicant): We met with Conservation to address the large wetland on the site. There are vernal 87 pools within the wetland and the Commission would like them officially certified in the spring. Conservation has 88 expressed interest in trails through the Open Space.We aren't sure yet who will own the Open Space. We have 89 been speaking with Natural Heritage about their interest in the habitat. It is a priority habitat used by Blanding's 90 hurtles primarily for foraging.The turtles don't live on the site,they feed there. We'll put preservation restrictions 91 on the Open Space and we need to have a turtle monitoring program on the site during construction. The abutters 92 from Duncan Drive who appeared at the Conservation meeting don't want people walking around in their 93 backyards. They commented the trails that are there, aren't maintained and there's a broken bridge. Conservation 94 also asked for us to provide parking which is problematic. 95 J. Simons: Concurred by noting that the Board does not typically require public parking within a subdivision for 96 trails access. We might need more information to determine how to establish trails at this site. I would suggest 97 that someone meet with Jennifer Hughes to consider the layout of the trails. 98 P. Christiansen: Responded that the site where the development will occur is heavily forested. Trails would need 99 to be laid out by someone who knows the site. Technically,there's only about 5,000 sq.within the jurisdiction of 100 the Commission. We meet their regulations with regard to the Open Space,they can't impose anything. 101 P. Boynton: It would be nice to know what the status is of the trails with Conservation. We don't understand the 102 scope and it's worth doing some homework. He also asked the applicant about the letter from the Board of Health. 103 The BOH letter dated 8/12/15 (1)Septic plans have not received to date, so,we can't make comments at this time '4 and(2)there was a comment about the size of the leaching beds supporting 3 bedroom homes, if larger homes are J proposed they would need a footprint increased a few 100 sq.?Those two things need to be addressed. 106 P. Christiansen: Subdivision Control Law doesn't require septic systems to be designed during this process. What 107 it requires is you do test pits to show the land is suitable for septic systems and we've done test pits on every lot 108 and we've shown that every lot can have a system.BOH should not comment on design at this point. He also 109 stated that the comment about the three bedroom houses was misleading because you get two minute per inch 110 peres out there which equates to roughly 440 gallons a day or 600 sq. system or four bedrooms. 111 J. Simons: Can you respond to her letter? We are not ready to close the public hearing this evening. 112 There's a punch list of items we need addressed, including the Open Space. 113 D. Kellogg: Whatever happened with the pitch at the cul-de-sac circle? 114 P. Christiansen: Lisa didn't ask for the cul-de-sac's center to change. It still pitches to the center. The street 115 drainage on the road pitches west to east.Regarding site distances, it's a straight pitch,there's no hill-you can see 116 3-400 ft. in either direction. We're installing a new water line and T. Willet has asked us to provide service to all 117 the homes along the way. 118 J. Simons: Recommends the Planner develop a final punch list requiring clarification and closeout letters from 119 every department: (a)documentation of Open Space trails, documentation of the existing North Andover trail 120 network within a half mile circumference of this project, (b)BOH needs to clarify their original letter so it aligns 121 with the applicant's understanding, (c)letter from the consulting engineer that all concerns have been addressed. 122 (d)DPW needs to give recommendation with regard to Eggleston's review regarding curbing, and anything else 123 on the Planner's list. 124 125 Continued Public Hearin 1600 Osgood Street! OSGOD Permit for Solar Project(Matt 34 Loth 126 Applicant requests a time extension due to delays in the Zoning Board of Appeals review. 127 ''18 Planning Board: The Board agreed to grant the requested continuance to September 2,2015 based upon the Condition that the applicant submit another request for extension until September 30,2015 to allow the Board 3 Town of North Andover PLANNING BOARD—MEETING MINUTES John Simons, Chairman ia David Kellogg Lynne Ru rinicki Lora McSheriy Peter Boynton Regina Ifean Tuesday August 18, 2015 a 7 p.in. Toivn Hall, 120 Main Street,North Andover,MA 01845 130 ample time to review the application. The Chair also stipulated that if the extension to 9/30/2015 was not 131 submitted, a Special Meeting will be entertained to deny the application. 132 MOTION: L. Rudnicki made a motion to accept the continuation for 1600 Osgood Street to 9/2/2015 and direct 133 the Planner to instruct the applicant that we would like it for 9/30/2015 or we may choose not to continue it to the 134 next meeting. If received,we will approve a 9/30/2015 date. P.Boynton seconded the motion. The vote was 5-0, 135 unanimous in favor. 136 137 DISCUSSIONS 138 ® Watershed Water Quality-P. Boynton met with Julie Giglio at the Water Dept. She has agreed to review 139 long term trend lines from 2000-2015 for the presence of specific items in our pre-treated drinking water. 140 A presentation on how the lake is doing will be made once she is prepared. Julie invited me to go out on a 141 sample for a snapshot in time. Current clarity ratings are good to 10-12 feet.Dissolved oxygen is good 142 down to approx. 20 ft.,below that the oxygen levels deplete but that gets complicated. Sampling takes 1.43 place in multiple locations and depths in the lake as well as in the tributaries. 144 • L.Rudnicki asked for the Watershed informational mailing piece to be listed on future agendas as a 145 separate line item until it is completed. 146 • Planning Board Rules&Regulations-Planner provided an update on research into how other towns set 147 their performance bonds. She sent a query out to other state planners regarding setting bond rates; 148 however,most tie the closing of a permit to Certificate of Occupancy. She is also reviewing nine sets of 149 Planning Board Rules&Regulations in order to craft a recommendation for the Board. 150 151 MEETING MINUTES APPROVAL 152 Approval of July 7, 2015 and July 21,2015 meeting minutes. 153 MOTION: The minutes from both the July 7,2015 and July 21 meetings were tabled for additional editing. 154 155 EXECUTIVE SESSION: First Development Corp. v. Town of North Andover and Town of North Andover 156 Planning Board 157 MOTION: L.Rudnicki made a motion for the Board to go into Executive Session to confer with counsel 158 concerning strategy with respect to litigation in the matter of First City Development v.Town of North Andover 159 and Town of North Andover Planning Board. P. Boynton seconded tine motion. 160 J. Simons,Chairman: Declared that an open session would have a detrimental effect on the Board's litigation 161 position. The Board will adjourn from the Executive Session and will not reconvene in open session after the 162 Executive Session. 163 164 Roll Call Vote: John Simons voted to go into Executive Session. Lynne Rudnicki voted to go into Executive 165 Session. Lora McSherny voted to go into Executive Session. Peter Boynton voted to go into Executive Session. 166 David Kellogg recused himself from the Executive Session. 167 168 ADJOURNMENT MOTION: L. Rudnicki motioned to adjourn the meeting. The motion was seconded by L. 169 McSherny. The vote was 4-0 unanimous in favor. 170 171 The meeting adjourned at 9 p.m. 172 173 MEETING MATERIALS: 4 Town of North Andover PLANNING BOARD—MEETING MINUTES John Simons, Chairman „•. David Kellogg Lynne Rudnicki Lora McSherq Peter Boynton Regina bean Tuestlay August 18, 2015 @ 7p.m. Town Hall,120 Main Street,North Antlover,MA 01845 174 Administrative: Planning Board Agenda August 18, 2015,L.McSheiry signed Missed Meeting Form(7/21115), 175 DRAFT Minutes-revised July 07, 2015 Planning Board meeting,DRAFT Minutes July 21, 2015 Planning Board 176 meeting;440 Osgood Street: 440 Osgood St. ANR Application,440 Osgood St.ANR Plan,440 Osgood St.Aerial, 177 440 Osgood St. Zoning,ANR Plan 440 Osgood St,Regency Place: DPW Comments 8-10-15,Recorded Decision 178 Definitive,Recorded PRD Modification,Recorded PRD SP; 330 Marbleridge: 330 Marbleridge Aerial,330 179 Marbleridge Deck Plans(3), 330 Marbleridge Expanded Deck Sketch, 330 Marbleridge Road Application,330 180 Marbleridge Zoning, 330 Marbleridge Eggleston email,Image 1, Image 2; 602 Boxford Street: CSI Response to 181 DPW,CSI Response to LE 8.10, CSI Response to LE,G Willis DPW Review, Health Review,LE Comments 8- 182 12-15,Lisa Eggleston Review, T Willet Review,Revised Plans SHEETS 4-14,NAFD Comments 5