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HomeMy WebLinkAbout2009-05-05 Planning Board Minutes Edited/5/6/09 DRAFT Town of North Andover 1 Planning Board 2 Minutes of the Meeting 3 May 5, 2009 4 Town Hall, 7:00 PM 5 6 Members present: John Simons, Chairman 7 Timothy Seibert, regular member 8 Michael Walsh, regular member 9 Courtney LaVolpicelo, alternate member 10 11 Member absent: Richard Rowen, regular member 12 13 Staff present: Judy Tymon, Town Planner 14 Mary Ippolito, Recording Secretary 15 16 Chair called meeting to order at approximately 7:10pm. 17 Chair called for DISCUSSION: This is not a public hearing itÓs for discussion purposes 18 only. 19 Jason Robertson, - Boston Hill Development, CCRC, increased the unit count from 96 to 125 of 20 assisted living units. 21 Judy: met w/developer and discussed architectural plan and discussion regarding height 22 limitations, now they showed calculations for average grade to roofline it met 35-foot 23 requirement. Mr.. Robertson presented, because of a declining economic climate they decided to 24 partner as a result they increased 96 units to 125 units. Parking has gone down from 96 per unit 25 to 89. Footprint shrunk by a small percentage. Met with Fire Chief, Building Inspector and 26 Town Planner and everything was acceptable. CL: was any grading done where you moved the 27 building back? Matt Lider: Marchionda & Sons with new footprint they will modify the grading. 28 29 Chair: wants to see other examples of projects. Mr. Robertson: this building has a 35-foot height 30 that met requirements. Wants to move forward w/project ASAP. 31 32 Chair: asked Judy to get comments from other two PB members (Rowen and Walsh). 33 34 Page 1 Edited/5/6/09 DRAFT Mr. Tryder asked how far away is this development from the wireless tower on Boston Hill? Mr. 1 Robertson: doesnÓt know. Mr. Tryder asked Mr. Robertson to bring the information to the next 2 meeting. 3 4 Chair called for PUBLIC HEARING: 5 Town of North Andover, 1475 Osgood Street, is requesting a Site Plan Review SP & CDD3 6 SP to construct a first floor addition of 3,064 s.f. to existing structure in order to house the new 7 North Andover Police Station within the CDD3 zoning district. 8 Ray Santilli, Assistant Town Manger, heÓs here for Site Plan SP and CDD3 SP. Town purchased 9 this property to convert it into police station. HeÓs gotten variance for rear setback from ZBA. 10 Fire Dept. approved drive around for their vehicles. Met w/Town Engineer, 2 catch basins 11 presently that need to be lowered, installation of catch basin leading to Orchard Hill Road. Judy: 12 th. has copy of Gene Willis memo reg. issues dated March 18 13 nd Motion by MW to close the public hearing, 2 TS, vote was unanimous. 14 15 th Edits: take RowenÓs name off decision. Edits page 2 at very top opened meeting on March 16 16 thth and closed on April 7 2009, delete April 7, and type in May 5, 2009. See 13.7 versus 16.3 17 under findings of fact #6. 18 19 nd Motion by TS to approve Site Plan SP and CDD3 SP as amended, 2 by MW, vote unanimous 20 4-0. 21 22 Chair called for PUBLIC HEARING: 23 Omnipoint Communications, 72 Elm Street, Trinitarian Congregational Church, is requesting a 24 Site Plan Review Special Permit to install, operate, and maintain a stealth wireless 25 telecommunication facility consisting of up to 4 wireless telecommunication antennas mounted 26 within the existing spire, radio communication equipment cabinet to be located within existing 27 Church within R-4 zoning district. 28 Chair: One Planning Board member lives in this neighborhood and will recuse himself. The 29 other member Richard Rowen will look at the record. 30 Chair: asked does audience want 4 members to hear this or do you want to go with 3 members 31 tonight? 32 Chris King, representative for Omnipoint, asked how soon would outstanding member be able to 33 review this information? Chair: he would continue hearing tonight until next meeting then 34 member would have to read the Minutes. Mr. King: wanted to go forward tonight. 35 Liz Fennessy, Elm St., this deserves the full attention from every member of the Board. 36 Loucille Donnigan, Summerset St. Methuen, started to object to cell towers and Chair advised 37 her that he couldnÓt take any testimony tonight because PB is not hearing this tonight. 38 39 Page 2 Edited/5/6/09 DRAFT DISCUSSION: 1 *Charles R. Della Croce, 202 Great Pond Road, requesting a waiver form a Watershed 2 Special Permit, applicant wishes to remove existing deck and replace with a 3-season room with 3 additional 8Óx9Ó open deck and staircase within the R-2 zoning district. 4 5 Mr. Della Croce was present and stated he has existing deck over 20 years old, wants to put a 6 roof on it, however, it doesnÓt meet code, he needs to tear deck down and rebuild deck. Judy: 7 spoke to the builder, the footprint heÓs using for 3-season porch is current footprint of existing 8 deck that wonÓt change, itÓs close to 200 feet from closest wetland, no Con/Com issues. Judy 9 advised applicant to request a waiver. Property is located in Non-discharge zone; itÓs a 10 residential use that is allowed. Judy: read the Watershed Bylaw regarding Non-discharge zone. 11 No foundation is being built; he doesnÓt have to go to Con/Com for this. Motion by TS to grant 12 nd a waiver for a Watershed Special Permit, 2 by CL, vote was unanimous. 13 14 WARRANT ARTICLES: 15 2009 Annual Town Meeting Warrant Articles: 16 17 18 *Article #5 Authorization to Grant Easements. To see if the Town will vote to authorize 19 the BOS and School Committee to grant easements for access, water, drainage, sewer, roadway 20 and utility purposes on terms and conditions the Board and Committee deem in the best interest 21 of the Town. 22 Petition of BOS 23 RECOMMENDATION: Favorable Unfavorable 24 Judy: explained this is for utilities, this doesnÓt allow BOS to grant any kind of ownership for 25 this parcel. 26 27 Chair: example if someone decided to let someone build a building and lease the land, they canÓt 28 do that, if Town had land directly abutting development land, Town could grant easements to 29 private developer to access that property. Chair would go along in support of this article, but it 30 would be a good idea to develop reasonable standards based on good judgment. 31 32 nd Motion by MW to make a favorable recommendation for Article #5, 2 by TS, vote was 33 unanimous 4-0 34 35 36 *Article #12 Amend Capital Improvement Plan Appropriations from Prior Years. 37 Petition of BOS 38 RECOMMENDATION: Favorable Unfavorable 39 To amend prior Capital Improvement Plan appropriations for prior Fiscal Years as voted by 40 transferring unexpended bond proceeds from FYÓ07 Capital Improvement Plan, Line #1, Old 41 Center Roadway Project, which project is complete, and amount not to exceed $130,000.00 to a 42 new project: Down Town Street and Sidewalk Improvements: Bruce Thibodeau, DPW, 43 discussed article w/PB. Money was set aside for Old Center project, $130,000.00 that was left in 44 Page 3 Edited/5/6/09 DRAFT the fund due to close monitoring by Town ManagerÓs office. Motion by TS to make favorable 1 nd recommendation for Article #12, 2 by CL, vote was unanimous. 2 3 4 *Article #22 Capital Improvement Plan Appropriation Fiscal Year 2010. 5 Petition of BOS 6 RECOMMENDATION: Favorable Unfavorable 7 Capital improvement is a major, non-routine expenditure for new construction, major equipment 8 purchase, or improvement to existing buildings, facilities, land, or infrastructure, with an 9 estimated useful life of five years or more, and a cost of $25,000.00 or more. Department 10 Supervisors submit a list of capital improvement requests to the Town Manager in order of 11 priority. Town Manager applies a criteria formula to all items. Formula combines and 12 prioritizes requests from all departments. Town Manager then recommends which items should 13 be implemented in the current year. BOS then revise, if desired, and approve the plan. Finance 14 Committee does the same. To see if the Town will vote to raise and appropriate, transfer from 15 available funds, or borrow under the provisions of Mass General Law, Chapter 44, the sums of 16 money necessary to fund the Town Capital Improvement Program for Fiscal Year 2010. 17 18 Bruce Thibodeau, DPW, discussed this article w/PB. Booster pumping station has 3 or 4 high 19 areas in Town; Bear Hill, Sutton Hill, Rosemont Drive, and another one of which he couldnÓt 20 recall. Town is below the residual pressure that is required. He wants to upgrade pump stations, 21 better drives, and larger pumps are more efficient. Sewer issues such as cost of sewer, bring 22 sewer to encapsulated areas which have sewer installed all around them, such as Nutmeg Lane, 23 Johnson Street, Rea Street, North Cross Street, and some other encapsulated areas. 24 25 Chair: handle water items separate from the sewer ones. 26 27 Motion by TS to take favorable action on water enterprise fund, Bear Hill, Rosemont 28 nd booster pump and equipment Î 4 WD vehicle, 2 by CL, vote was unanimous. 29 30 nd Motion by TS to take unfavorable action on sewer issue, 2by CL, vote was unanimous. 31 32 33 Article #33 Amend Zoning Bylaw ÎSection 8.9 (2) Î Wireless Service Facilities. To see 34 if the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Facilities, subsections 35 (2)(u) through (2)(aa) to add a definition for Pre-existing Structures. 36 Subsection 8.9(2)(u) through 8.9(2)(aa) is to be amended by removing the text shown as 37 stricken, and adding the text shown as underlined. Section 8.9 Wireless Services Facilities 38 39 Petition of Salvatore A. Russo and others 40 RECOMMENDATION: Favorable Unfavorable 41 Chair: PB supported Article #32, however, even BOS was against Article #32. If Article 42 #32 fails then Article #33 clears up the ambiguity. Wait until vote on Article #32 and then 43 vote on Article #33. TS is ok, MW is ok, CL is ok with that. 44 45 46 Page 4 Edited/5/6/09 DRAFT Article 16# Funding for Public Building Development Master Plan: Study of Historical 1 Town Property: 2 Petition of: 3 RECOMMENDATION: Favorable Unfavorable 4 Capital Planning Building Committee is formulating plans to provide for Senior Center, 5 Bradstreet School, old Police Station, and the relocation of Planning and Community 6 Development and School Administrative Offices. A request is being made for funding 7 consultants to look into the engineering feasibility of building options and to see if 8 renovation/reconstruction is viable. Monies have been allocated in this yearÓs budget but must 9 be approved by Town Meeting for this purpose. 10 11 Chair: $50K is to do Master Plan of all public buildings in Town. What do we do w/Bradstreet 12 School, School Committee is moving out of their rental property, and eventually Community 13 Development will have to revisit their office area. Chair: thinks this Article is good idea. 14 nd Motion by MW for favorable recommendation 2 by TS, vote was unanimous. Chair: 15 Judy let Rick Nardella know about this vote. 16 17 18 nd Motion by TS to approve April 28, 2009 ÐMinutesÓ, 2 by MW, vote was unanimous. 19 20 Chair: asked that Judy get pictures of other projects as an example for the Boston Hill 21 project, Chair not sure about roofline. 22 23 24 Chair: POST A MEETING FOR 6:PM FOR PB TO MEET AT HIGH SCHOOL AT 25 TOWN MEETING TIME 26 27 28 ND Motion to adjourn by MW, 2 by TS, vote was unanimous, meeting adjourned at approximately 29 8:30 PM. 30 31 By order of the Planning Board 32 33 34 ____________________________ 35 Approved 36 37 Plse. note: the Planning Board reserves the right to take items out of order and to discuss and/or 38 vote on items that are not listed on the agenda. 39 40 Page 5