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HomeMy WebLinkAbout1985-03-25March 25, 1985 Special Meeting The PLANNING BOARD held a special meeting on Monday evening, March 25, 1985 at 7:45 p.m. in the North Andover Senior Center with the following members present and voting: Michael P. Roberts, Chairman; Paul A. Hedstrom, Esq., Vice Chairman; John A. James, Jr., Clerk; and John J. Burke. Town Planner Karen Nelson and Building Inspector Charles Foster were present. PUBLIC ~ARINGS - Rezoning and Amendments to Zoning By Law Articles for 1985 Annual Town Meeting Holmes, Francis - Turnpike Street - R-4 to B-4 The Clerk read the legal notice. Attorney John J. Willis, Jr., representing the petitioner, made the following presenation: The parcel is at the corner of Turnpike Street and Peters Street. Mr. and Mrs. Holmes have lived in the house for many years. Mrs. Holmes has a real estate license and wanted to set up a home occupation in the dwelling. It is at the intersection of two busy roads and is not a good location for a residential zone. A large shopping mall is across the street and the neighborhood consists of many business zoned parcels. The rezoning will put them in the same zone as what surrounds it. - It is the best zone for the property. Access will probably be on Peters Street. This will enable them to have the insurance/real estate office for themselves. They are asking for a favorable recommendation from the Planning Board. Mr. Joseph D'Angelo of the Mass. DPW asked how big the parcel is and Atty. Willis said it is 18,220 square feet. Mr. D'Angelo stated that the state has no objection to the rezoning but asked that the non access on Route 114 be maintained. The access should be kept off Peters Street. Mrs. Ann Royal, an abutter, stated that they would like to keep their property residential. She asked what assurances they will have regarding lighting, etc. She thinks they will need a variances(s) from the Board of Appeals. Chairman Roberts told Mrs. Royal that the Board of Appeals would address her concerns. Building Inspector Foster added that only structural changes will require a variance from the Board of Appeals. Any expansion or enlargement would. MOTION: by Mr. James to close the public hearing and take the matter under advisement. SECOND: by Mr. Burke VOTE : Unanimous - motion carries Donovan - Peters Street - R-4 to B-4 The Clerk read the legal notice. No petitioner or representative present. MOTION: by Mr. James to table the Donovan petition. SECOND: by Mr. Burke VOTE : Unanimous - motion carries Barker, George - Osgood Street - R-2 to I-1 The Clerk read the legal notice. Mr. Barker was present and made the following presentation: - This is an extension of the present zone, easterly off Osgood Street (Route 125) for 225 feet. It is approximately 6.7 acres. - It is a natural extension of the industrial zone into the hill with a buffer on the hills. - The lot is not wide enough to put in a road. - It is better to have more small industrial buildings than one or two large ones. - This would permit a longer road with two acre lots. - It is located between Aziz and Arlitt. Mr. Bill Hansen, abutter, asked how much land is already zoned industrial and how much is residential. Mr. Barker responded that 12 acres of his land is industrial and 50+ acres is residential. Mr. Joe D'Angelo of the Mass. DPW asked if the lots would be on sewer and Mr. Barker said NO. Mr. Hansen stated that if this is approved, it will set a pre- cedent. This particular pience piece of land abuts a large tract of residential land. It is near the people on Bradford Street. This could cause more rezonings around them. By approving this, the Planning Board is putting a shaft of indus- trial land between residential land. It opens a Pandora's Box. Mr. Chory of Bradford Street agreed with Mr. Hansen. He said he is scared that a precedent will be set. They will be isolated on Bradford Street. Mr. Arthur Lentz added that they went through this five or six years ago. The industrial zone was only 500 feet and now it is 1,000 feet. The Planning Board and the Barkers agreed on what is there now. Mr. Barker said he would not call it a shaft of residential land but rather a sliver. On the new homes, it would be 800 feet from the industrial zone. He would not consider going before the Planning Board to rezone areas in back oF everybody. He has tried to keep this the same distance from the homes as it is now. MOTION: by Mr. Burke to take the matter under advisement. SECOND: by Mr. James VOTE : Unanimous - motion carries Laudani and Philbin - Turnpike Street - R-2 to I-1 The Clerk read the legal notice. Mr. James Gordon, 104 Milk Street, made the following presenta- tion: - He is here for Forbes Realty. Note: Mr. Gordon presented a summary sheet and sketch of the proposed buildings to the Board members. Attorney Russel Bodnar and Engineer Phillip Christiansen are also present tonight to answer any questions. He proposes to amend the article as written. There were minor errors in the notice. It is a change of 150 feet. Note: Planner Nelson said she will check to see if the warrant has gone to print. The land in question is located on Route 114 directly across from the Mass. Electric building. - It is approximately 13 acres with frontage of 1,370 feet on Route 114. - They propose to rezone it form R-2 to I-1. It would be an extension of the industrial line which runs down the road. They plan to construct on the site approximately 70,000 square feet of office space in four buildings. - The buildings would be 12% of the total area. Three of the buildings would be 18,000 square feet and the fourth would be 16,000. - They are 3-story brick colonial style. The traffic situation will be addressed. They have not yet consulted with a traffic consultant. They would like to locate the main entrance somewhere where the present traffic lights are located. Mr. Robert Mansour, 1001 Johnson Street, stated that the upper corner of the property is one lot away from his. The area used to be industrial. This proposal will take away from the resi- dences on the side of the street. It was changed from industrial to residential. One of his concerns is a curb cut. Mr. Joe D'Angelo of the State DPW stated that the rendering as shown with one entrance opposite Mass. Electric with proper decelleration lanes would be proper. A center lane would have to be made into a left hand turn lane into the facility. Mr. Gordon added that all the requirements of the Zoning By Law would be met regarding setbacks. The side buffer would be in excess of what is required. They are also concerned with the traffic and have met with Mass. Electric to discuss the entire area and what can be done. There might be another entrance. They want to attract users of the office space. Member James asked how many feet the buildings will be from the back lot line and Mr. Gordon said they will be 150 to 200 feet away. Member James asked why the buildings are located as shown on the sketch and Mr. Gordon said they are there because of wetlands on the parcel. They would have liked to place them further back. Mr. Bill Brush of 939 Johnson Street asked if they have met with the State on ingress/egress and future upgrading of Route 114. Mr. Gordon replied that the traffic engineer will be involved in this type of dialogue. Mr. Brush said they will run out of room to replace the wetlands. He added that there are many questions which have not been answered for the Board to make a proper decision. Mr. Gordon added that they might have to encroach on the wetlands. They are not ignoring the issues. They will have to solve the problems if Town Meeting votes to rezone the parcel. Tom Lightburn, 1015 Johnson Street, asked about the buffer zone. Town Planner Nelson replied that if it is rezoned, the 100 feet could not be used for anything. It must be kept green. Building Inspector Foster interjected and said only the first 50 feet must be left open and the setbacks are taken from property lines. Planner Nelson asked why the back portion of the lot is included. Mr. Gordon replied it is because the lot line runs in a certain way. Phil Christiansen added that there is no need to separate them. They originally thought there was more development potential but because of the wetlands there is not. Member Hedstrom added that maybe some restrictive covenants can be drawn up. Mr. Mansour asked what is to prevent the abutter from changing to industrial. The people in the area are concerned about it. They live in the area. He asked what would happen if it remained R-2. Mr. Gordon said that 14 to 15 houses could be put there. Member Burke recommended that the abutters get together with the petitioners. Mr. Lentz said the discussion tonight is on the type of building. At Town Meeting, all you vote on is the rezoning. Mr. Shaker of 1029 Johnson Street asked what protection they have about what type of industry can go in. Member Hedstrom said it should be a contract rezoning. MOTION: by Mr. James to close the public hearing and take the matter under advisement. SECOND: by Mr. Burke VOTE : Unanimous - motion carries Gowans - Turnpike Street - R-2 and B-4 to B-2 The Clerk read the legal notice. Mr. Joseph Cushing made the following presentation: The zoning line is drawn in the middle of the property. The parcel is on Route 114. It is west of Sullivan Street and across the street from the parcel which was used for stockpiling woodchips. That parcel is GB. Across the street is zoned business. As a result of rezoning done by Brown, neither the B-4 nor the R-2 can be developed as required by the Zoning By Law. The residential area does not have the required frontage. The 1.46 acres does not meet the area requirement for development in a B-4 zone. On the setback requirments on Route 114 and the setback from the residential zone, the only area availabe for development is the area shown in white on the plan. They are asking to have the entire 2.54 acres zoned for business use. MOTION: by Mr. Burke to take the matter under advisement. SECOND: by Mr. James VOTE : Unanimous - motion carries Donovan - ?abled earlier MOTION: by Mr. Burke to postpone the public hearing to 4/10/85. SECOND: by Mr. James VOTE : Unanimous - motion carries Amendments to Zoning By Law Town Planner Nelson said these were discussed with the Board at the last meeting. Building Inspector Charles Foster asked to address a couple of the proposed changes. On Site Plan Review, he thinks the present by law is sufficient. By subjecting applicants to a Special Permit process as proposed under the amendment, you are also subjecting them to an appeal in court. It is different from the Board of Appeals appeals because it does away with a local step. He is against the Special Permit process. He does not think the Planning Board should be able to force an applicant to do something. The Special Permit granting authority by law already has enough in it. Fire Chief William Dolan disagreed with Mr. Foster. He said it is fair to various Boards that they be made aware of what is going on. It is fair to the developer because he will know up front what problems there will be. Mr. Foster added that the problems will be solved by other procedures. The regulations should be changed. The plan preparation part should be changed. An architect cannot sign them. He also addressed proposed additions to Section 10.31 of the Zoning By Law and said the proposed additions are already in the by law. Town Planner Nelson said they are meant for Site Plan Review and they can be moved to that section. Mr. Foster added that lighting is already addressed in the by law and the proposed change is not needed. Mr. Foster also addressed the proposed addition of "public way" regarding the access to industrial sites. He questioned who designates what a public way is under zoning. They control private ways. He asked how they can control where a public way goes. He added that when a public way is built by the State, does the town have the right to step in and tell them they cannot put their road there. Vice Chairman Hedstrom stated that the town does not have the authority to tell the State but they can on town roads. Mr. Foster added that almost any residential street eventually leads to an industrial site. He does not think this proposed by law can be enforced. Mr. Hedstrom said other towns do it. Mr. Foster then addressed an amendment regarding "similar uses". Ms. Nelson said she might change it. MOTION: by Mr. James to close the public hearings and take the proposed changes under advisement. SECOND: by Mr. Burke VOTE : Unanimous - motion carries DECISION Campion Hall - Definitive Plan MOTION: by Mr. James to approve the definitive plan entitled "Campion Hall" prepared by Cyr Engineering Services, Inc., dated November 16, 1984 with conditions. SECOND: by Mr. Burke , / · ' ~_PL,AN OF LAND By: CYR ENGINEERING SERVICES, INC., . da%~l November P ~ ~d~N. HALL ~ 1~84 The North Andover Planning Board has voted to APPROVE said pla~t subject to the following conditional conform to the govern.'L~ rules and reguxa%~ons x xxxxxxxxxxxxxxxxxxxxxxxx,x, ~. ~her co~ti~= a. All Planning Board Orders of Condition are to be placed on the recorded de~itive b. Prior to si~ing the definitive p~ns all deeds of easements sh~ll be sub~tted to the Planning Board and held ~ escrow until completion. At the ti~ of ~mpletton, the developer or o~er shall execute such d~uments for the Town. c. A certified as-bu~t plan shall besubmitted showing the ~ati~ of ~ ut~ties(, water,sewer,telephone) prior to b~der eoa~ application-. d. Final as-built plans shall be submitted to the Plann~g B~r~ p~or t~.[~al release ~ security. . ' ' ' e.' ~i~ant/owner/developer shall be aware.of the fac' that appro~ of this , .'~ '-~ subdi~sion under the Plann~g Board's R~es and Re~{t~ns'w~ not ~Beve ~id . r s onsibilitv to other ~rooert~ owners u},on whose ~nd.may ~ aff~ed artie of the p o~m ~ateP,Uiscnarg~. - - g,, m~rect or ~rect deve~Sp~t ~t _ ,~,___ .__ ~ ~ ~ the ev~ ~ ,v ~ ...... .,~__=. pl~4ne ,~ ~ ..... ~-=- ~4. ~et.O_ ~O NO~ ~uvv~ there~er e~orse i~e fo~ ap~ u~, --- ~-- ************************** eee*ee~, Date~ N PION HALL DEFINITIVE PI,AN - DECISION DITfONAL APPROVAL MARCH 25, 1985 4. RECEIVEO TOWN CLERK NORTH ANOOVER A Notice of Intent shall be filed wLth Conservation Commzssion as required under Ch. 131, Wetlands Protection Act and the local Conservation Commission's regulations and any changes required may be caus~..for reconsideration of the subdivision under Ch. 41. In accordance with the Fire. Department's recommendations: a. No open burning is to be permittted; b. All underground fuel storage shall comply with the Fire Departments' requirements for the Watershed District; c. A new fire· alarm box, for use at the intersection of Great Pond Road and the entrance to this development, shall 9e provided to the Fire Department; d. AL1 hydrants shall De placed within 50( feet of ~ach other. Prior to razing any'structures on the si:e, the Planning Board shall be'notified in writing as to the dates removal snail take place. Ail permits,, both local anl state shall be obtained to ensure proper compliance. Ail requirements of the subdivision control Law pertaining to 'street trees' shall be enforced. Security in the amount of $15,000. shall be retained for this purpose. in accordance with the Board of Pubtic Works ~eco:nmendat ions: a. The water main on the proposed roads shall be 8" class 52 ductile iron cement Lined water pipe installed 1~ feet from the property line with 5 feet of cover below ~he finish qrade of the street: D. 8" MuekLer oc equal gate valves (open left) shal~ be prov:ded on baseline B at sta.5+54 and 15+, and at Bonny bane; c. Eddf breakfkange hydrants to Nort] Andover specifications are to be installed at sta.~+50, 9+66,and ~+S3 on Baseline A and at 6+50 on Baseline d. All hydran{ branches shall be provided ';ith 6" Mueller o~ equal gate valves (open Left); e. ~1 [ gate vLaves shall comply with AWWA specifications ~500 52F and wil~:ue supplied with 100 LP ~[iding type gate boxes marked -'~ WATEI{: f. The 8" water main sha[L be installed straight through the proposed 'cul-de-sac on Baseline A; g. All water mains shall pass leakage and pressure tests performed Ln accGrdance with Section 13 of AWWA C600 and shall be chlorinated in accordance with AWWA C601 Standard P£oceduce for Disinfecting Water Mains: h. All sewer mains within the subdivision shall be 8" vitrified clay pipe installed in the centecline of the street; : i. A 6" vertical separation shall be maintained between 8" V.C. sewer and the 12" R.C..P. cross drain at sra.0%82+?9 on Baseline B; j. A sewer lift station shall be provid¢~ ~n the existing utility easement at the end of BOnny La,e %n order to provide sewer service to lots 9,10, and ll; Profile ,and calculations to be provided to the Planning Board ~d, Board of Public Works 'for apprOval prior to construction~ k. A plan and profile of the proposed gravity sewer on Great Pond Road from the existing sewer lift station to the proposed roads shall be submitted in detail; t. Pcecast manholes shall conform to ASTM designation C478 and shall meet the following additional requirements: the wall thickness shall not be less than 5#, sections have tongue and groove joints with a bitumastic gasket. pipe connections shall be of the rubber boot with stainless steel band type or approved equal. manhole frames and covers shall be cast iron lettered 'SEWER' and be a minimum of 6" high. m. Alt sewers must pass low pressure air t~3ts with maximum a].[owable lea~age cate of 0.0015 cubic feet/minute/square foot of internal pipe surface. A waivef sequest shall be submitted in wri.ing length of a dead end street (Sec=II.B.B&IV...4.) signing the definitive plans. regarding pr~or to The following shall, be placed on the ~estzic~ive covenant: The ~artles agree that the app£oval of the ~efiniti%e subdivision plan is a condition in the coveeant. It is contemplated that such approval as may be issued by the North Andove~ Planning Board will contain covenants, conditlons and v.~u~ous requirements as a .~art thereof, inc].udlng such as m~]~ be stipulated :)y applicant (Seller) and said Board as a condition of said final approval. SUch' aay include, but not by way of limitation, installation and construction of roa~s, utilities, road imp$ovements, sewer [nstaktation and connections, wate$ lines, sewer pumps or [[(t stations, relegation pond and areas, siltation ]~Dlding areas, drainage systems and improvements and erosion control ,Jevclopment. Connecting drainage to G~eat Pond Road fro~ C.ochlchewxck Dr~vc shat[ be incorpor.~ted into Great Pond Road and be ~c.~irected from Lake C~>chichewick to Rea's Rend. The culvert to bake Cochichcwlck shall be blocke~ or removed per the Highway Department's recommendations. I~provements such .as pipe size, shall be ~pproved Dy the High· ay Department. Drainage calculations ? ~a[l be provided to the Highway De[)artment and Planning ~{oard for review ~or concurrence. roadway cross-section shall be ~eviscd t~ comply with 13. 15. 17. [8. 19. 20, 21. 22. the Planning Board's Rules and Regulations. Where the water service is located adjacen~ to and or crosses the sewer line, a minimum 18" separation shall be maintained, specifically at sra.0+82 and The 20 foot wide Lake Cochichewick access easement shall be noted as 'public' and limited to 'pedestrian acceS~'~.~ The Planning Board has made the determination that the proposed subdivision roads and services are adequate only for single family use. Note: TO BE PLACED ON THE RESTRICPIVE COVENANT If the proposed structures designated for demolition are not razed, lot line changes shall be made to bring,the lots into conformance with the North Andov~r Zoning Bylaw. In accordance with the Highway Department's recommendations: a. Two additional catch basins shall be placed at sta.6+O0 and two at sta.13+18; b. All catch basins shall have 4 foot sumps: c. Inspection Fo~m s iai[ be used for all Phases of construction. A 'concrete sedimentation detention basin' c' grease and oil trap' shall be constructed in accordance ~ich the plans p~ovided Dy the Hi~wa~ Department. Ca]~ulmtions and a final detailed plan shall be submitted tc ch.~ Planming Board and Highway Department fo~ review anfd appro'{'al prior to construction. ~ A 5,000 square foot retention area shall be provided along the property lines of bet 9 and 10, with a 25 foot w~ide access easement deeded to the Town. The sedimentation and c.~osion control program shall be in place prior to construction to include, but not be limited to ma~afi fabric, double row staked haybales and check dams. Phis p$ogram shall be c)ntinuously maintained throughout the duration of all construction (roadway, utility instalkation and .hOuse construction~ and may be modified as deemed necessary by the Plann ng Board. Security in the amount $30,000. shall ~: reta~ ~ed. A separate ero£lon control plan to be provided prior t~ construction. Note: 'Phis provision ~pplies to both onsite and offsite construction No construction shall ake place within 250 feet of Lake ~och[ chewick. - The submitted Constru.'tlon Schedule de ai,.ing Phase I,II,III,IV, and V sh,,[[ be fully adheked to and no construction activity shall occur on any new phase u~til substantial completion of the then current phase. The Planning Board, togethe~ with the. other Tow:~ Boards, shall issue a written consent prior to commencemeD: of a new phase upon a finding after [ield inspection of substantial completion of the then current phase. It is the Board's intent to minimize the amount of,open con truction activity at any oen time in o~der to control result'irt construction runoffs into the Lake. ConstructiOn by appli~ant"~hin each~;' phase a.s more specific,,[ly set forth in thc applicant's proposal shall take p~ace in the sequence se{ forth in said proposal. 23. In accordance with Section 4.~33,(2)a. there will be NO dumping of stumps in the subdivision. 24. Any drainage from cc[la,,~ o~ lot developmegt shall be tied into the designed ~ai~,~qe system to be shown on the definitive plan, an~ a~,' roved by ~he Planning Board and Highway Department. 25. A].[ aspects of construc~ion in this development wil'l be _ ~bject to ins[~uct~on and review by the respective ]epartments of the Town of North Andover. CC Highway Surveyor Board of PubLic Works Tree Warden Police Chief Fire Chief Building Inspector Conservation Commission Board of Hea~th Assessor FiLe Applicant Engineer ,_%