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HomeMy WebLinkAboutPlanning Board Meeting Minutes 03.16.10 DRAFT PLANNING BOARD Minutes of the Meeting Tuesday, March 16, 2010 Town Hall, 120 Main Street Top floor conference room 7:00 PM 1 Members present: John Simons, Chairman 2 Richard Rowan, regular member 3 Timothy Seibert, regular member 4 Courtney LaVolpicelo, regular member 5 Michael Colantoni, alternate member 6 7 Member absent: Michael Walsh, regular member 8 9 Staff present: Judy Tymon, Town Planner 10 Mary Ippolito, Recording Secretary 11 12 Chair called the meeting to order at approximately 7:10 pm and announced that 13 Michael Walsh is absent tonight. 14 15 Chair announced the following POSTPONEMENT: 16 CONTINUED PUBLIC HEARING: 17 T-Mobile Northeast, LLC (formerly Omnipoint Communications, LLC) 15 Commerce 18 Way, North Andover, MA is requesting renewal of the following Telecommunication 19 Special Permits. 20 Renewal of Special Permit for First Calvary Baptist Church 21 Renewal of Special Permit for 723 Osgood Street 22 Renewal of Special Permit for Johnson Street 23 24 25 26 Chair called for the following DISCUSSION: 27 Zoning information for Annual Town Meeting. 28 th Judy: The April 6 Planning Board agenda will contain ten Town Meeting Warrant 29 Articles. Legal notices were prepared and given to the legal notice department of the 30 th Lawrence Tribune to be advertised on March 23rd and 30. Hasn’t received a list of 31 warrant articles the PB is going to be asked to make a recommendation for, however, 32 th should have that list by the April 6 PB meeting. 33 34 th Chair: May 11 is Town Meeting date. Make sure if there is any word-smithing on 35 articles do it in advance of the next meeting, we don’t want to hold over any articles, a 36 few will have citizen input such as wireless bylaw, also have Atty. Urbelis attend the 37 th April 6 meeting. Get the order of the agenda out fairly early. Put the things that have 38 the most public interest on the agenda up front. 39 40 1 1 Chair called for CONTINUED PUBLIC HEARING: 2 Elm Development Services, 1275 Turnpike Street, Site Plan Special Permit and 3 Continuing Care Retirement Center Special Permit to construct a 125-unit apartment 4 CCRC within the V-R zoning district. 5 6 Judy: traffic plan was discussed at the last 2 meetings and they were resolved. Storm 7 water Plan has been discussed and resolved, Lisa Eggleston recommended the applicant 8 to get a storm water prevention plan and PD should review the plan and condition it. 9 Con/Com had concern about plant species, but revised list is fine. VHB reviewed all 10 issues on civil engineering side which has been resolved. Size of loading area - there’s 11 nothing specific required in zoning for CCRC, the loading area they designate is 12 sufficient. They need to do ANR application to merge lots back together. Waiver 13 requested for number of parking spaces, 125 units, one parking space per unit is required. 14 Applicant asking for 97 parking spaces. Options for retaining wall for front and rear will 15 be discussed. Frontage requirement is located in retaining wall; PB could minimize the 16 parking spaces. 17 18 Jason Robertson: Elm Development Corp. was present to answer questions. 19 20 Chris Huntress, landscaping architect: plan provides for entry sign, street trees every 50 21 feet on entry. Front of building has native plant material. Parking area in front - added a 22 landscape island, put the retaining wall and planted generous plants and parking lighting. 23 State asked for some native plantings to be done. Retaining walls are 6 feet in height on 24 the back side. Mr. Huntress handed out drawings tonight. Retaining wall is filled with 25 crush stone. Look at the walls located by the Fire Station in Andover, MA they are made 26 of pre-cast concrete product witch makes up that retaining wall. 27 28 Chair: on the back of the property, 10 years from now, what will it look like? Mr. 29 Huntress: seed mix specified for plants to get 12 feet, dogwood; within 3 years height of 30 plant materials will overtake the walls; you might not realize there are 6-foot wall 31 terraces there. Benches located along front of drop off area. Eighteen-foot pole lighting 32 fixture, other are 12 foot tall fixtures, used around entry ways to accent arrival traffic. 33 Dumpster located around the back. The plantings have been reviewed w/Jennifer Hughes 34 of Conservation Dept. 35 36 Chair: Judy did our engineer look at the retaining wall? John Burrows, Engineer from 37 Marchionda, put together a generic plan showing cross sections of that area, there is 38 preliminary engineering done regarding the wall. The vendor will submit drawings and 39 engineering plans to go along with their product. 40 41 Chair: talk about parking. Mr. Huntress: 97 parking spaces proposed, 125 units 42 proposed, require 125 parking spaces. Parking demand is significantly less for 43 Alzheimer’sunit. Requires a waiver for 97 parking spaces. If he went above that 44 number he would have to push further against the slope. Chair: is there a spot on this site 45 to put 10 more parking spaces? If we did 97 spaces and needed another 10 where would 46 2 we put them? Mr. Burrow’s: there is a stretch of an island where we could put more 1 parking spaces. 2 3 RR: if 97 is not enough what would you do? Mr. Burrows: would have to have 4 something at lower left side of the site, but there is drainage there, there is a5% grade but 5 couldput some extra parking there. Mr. Huntress: based on this use the parking ratio is 6 .5 to .6 spaces per unit, we’re significantly higher than that with the 97 spaces. Chair; 7 wants to make sure this is documented, and also employees may have to park off-site. 8 9 RR: don’t want more than required for the facility, but it doesn’t look like there is any 10 room for error. .Four and .six are those the requirements for this facility? Section 8 off- 11 site parking is a different calculation. Chair: go to were there is a more specific use 12 directly for what you have. 13 14 Chair; include to go w/level one to say you’re in compliance. RR: if you have a nicer 15 facility w/one-half dozen fewer parking spaces then leave it that way. 16 Mr. Huntress: will work w/Judy to come to some arrangement that would be 17 agreeable. 18 19 Judy: set aside a few spaces for public parking for access of open space. It’s a tight spot 20 at western corner where wetland replication is. Flood mitigation is in that corner. Put in 21 the slopes exactly the way you have them on the plan. 22 23 Judy: Photometric plan was submitted, address the lighting. Eighteen- foot poles across 24 the front - the cast of the light is on the direction of the building, they will be on a timer 25 to shut down 10pm or 11pm at night. Parking lights will be turned off. Driveway comes 26 in back of the building, dumpster, service area. 27 28 Chair: look at building architecture. Mr. Huntress: elevation will be seen from Turnpike 29 Street, brick and clapboard. First floor is about 15 feet above the street. Chair: Building 30 material roof? Engineer: specific selections have not been made. Mixture of brick, 31 clapboard, shingles, roof is asphalt shingles. 32 33 Chair: window treatment what is the style? Engineer: handed out a drawing containing 34 Metal windows - heavy duty. similar character of proposed windows/structure. 35 Engineerwill ask architect and get back to the PB . Chair: doesn’t want an 36 institutional look, but we want to be sure that what we see is what we get. 37 38 Judy: talked about parking waiver, earth removal is not required; phase development is 39 not required, requested waiver of community impact and fiscal analysis. 40 41 Chair: will you continue to pay real estate taxes on the property? Applicant: stated his 42 company is not developers and flippers. 43 44 Chair: Judy contact the Judy: ANR approval will be a requirement of the decision. 45 Trustees about who owns open space. Judy: do we want to hold a conservation 46 3 restriction, or ask trustee if they want to take it over? Get a clear direction before 1 decision is done. 2 3 Mr. Huntress: trying to get this hearing closed, but hopefully you will be willing to draft 4 a decision. Chair: why? This would put PB in an awkward position if something comes 5 up. RR: applicant submitted everything there are no open issues he’s not in opposition to 6 closing public hearing. 7 8 nd Motion by RR to close the public hearing tonight 2 by CL, vote was unanimous. 9 10 Henry Fink, abutter, looks at this project every day, water completely flooded the area. 11 When this gets done that will be impervious material and there will be very little 12 impervious soil to stop a lot of water from coming down. Water washed his dirt into the 13 stream. Find a way to let the water come slowly. Chair; discussed this the last time. Mr. 14 Marchionda said he would make the post development situation better not make it worse. 15 Mr. Fink: wants to put the building up on stilts 10 feet or 15 feet. 16 17 John Burrows, engineer: underground tension area and recharge area has been designed 18 underneath the parking area, he is mitigating storm water for this project. Did a 19 watershed study coming down to culvert and combined that with his study to make sure 20 the peek flow coming off the site doesn’t have other impact. Four or five peer reviews 21 have been done by engineers on this project. 22 23 Judy: Con/Com required a maintenance plan on this project. 24 25 26 DISCUSSION: 27 Chair: referring to a letter to the editor in the Citizen newspaper by Mr. Tryder that 28 castigated the PB for all sorts of things, but went further than that. Wanted to respond 29 specifically, very carefully, so that he will read these remarks and PB can talk about what 30 we put in the newspaper, this is the proposed letter. 31 32 Steven Tryder’s latest letter to the editor criticizes the North Andover Planning Board for 33 the Board’s open meeting discussion of an application filed for a wireless 34 communications facility. However, Mr. Tryder also wrote: “Please be careful not to 35 refer to the minutes of the meeting, which are coincidently written up without a tape 36 recorder by the Planning Department secretary, who just happens to be the wife of a 37 member of the ZBA who consistently votes against responsible regulation of cell 38 towers.” Criticizing the Planning Board whose meetings are broadcast on local 39 television, because he does not agree with the Planning Board’s decision is one thing. 40 However, he is totally out of line to impugn the integrity of a valued town employee. To 41 insinuate that she would alter the minutes of a televised meeting to conform to her 42 husband’s actions on another volunteer Town Board is outrageous, demeaning and 43 insulting and requires an immediate written retraction by Mr. Tryder. 44 45 4 Chair: we can send this as a PB or by himself. Upset, this has gone well beyond the pale 1 but he wants to be very careful and measured in our response because he doesn’t want to 2 engage in arguments unlike other people, he wants to stick to the facts but this is really 3 the kind of a personal attack that can’t go un-responded to. 4 5 RR: listened to what you just said and thinks it appropriate, thinks that Mr. Tryder’s 6 behavior here and in the newspaper is disingenuous, cowardly and it’s flat out wrong…he 7 doesn’t understand why he chooses to harm people knowingly, to further an agenda that 8 factually has no basis on many occasions, the letter as you wrote it is appropriate and 9 sticks to the point and says what you need to say and stops – it should be sent by the PB 10 and as Chairman you can send it and we can all agree with it. RR: thinks this one needs to 11 be addressed. 12 13 TS: in all Mr. Tryder’s letters he constantly pulls out bits of information and presents it in 14 a way that portrays us in his words as unethical - should we stand up and say that’s not 15 true? 16 17 RR: thinks PB has done that, honestly, doesn’t believe as many times as we can respond 18 to Mr. Tryder by letters to the newspaper it’s an exercise in futility, when he’s been here 19 the facts don’t matter to him. RR: not suggesting that PB is going to sway him. RR: not 20 convinced that a never ending battle of letters in the Citizen is the answer. This one is 21 necessary - it’s clear and to the point in addressing a specific instance, we need to maybe 22 decide for ourselves as a Board or individually how we are going to approach continued 23 misstatements and characterizations that he puts forth that PB believes is false, if need be 24 we may consider stronger action other than a letter to the newspaper because that’s just 25 pure folly. 26 27 MC: agrees it’s an appropriate response, also agrees that we don’t want to have a one for 28 one exchange in the newspaper at least not now, there are other avenues. 29 30 Chair; we have a public hearing processes, we’re very transparent in the way we do 31 things, we’re very open, despite what he may say, it’s a very open process and thinks 32 we’re fair. Mr. Tryder has a constitional free speech right to ask questions, he can point 33 out issues, but in the public hearing process that’s where we deal with merits of the facts 34 and that’s the venue in which we should respond, but when it becomes personal that’s 35 where we have to step out and this is very personal and it’s uncivil and it’s not the 36 appropriate way you deal with people in the community like this. 37 38 RR: there are people who have disagreed with our decisions and that’s their right, there 39 are many people in this particular issue who absolutely, positively believe that we’re 40 wrong, that is their right to believe that, overwhelming majority of people who believe 41 PB is wrong is quit civil in their criticism and are sticking to the facts of the issues where 42 we debate the relative merits of PB decision, has no problem if anyone disagrees with the 43 decision he has made. That’s their right to free speech and the right to their thought 44 process and we interpret Bylaws differently and that’s ok, if they are not clearly enough 45 written and there is room for interpretation then different people can interpret it in 46 5 different ways and has found that the over-whelming majority of people who have 1 disagreed with us have done so honestly, openly, fairly and in a spirit of, if disagreement, 2 of trust, and respect and that’s perfectly fine but not the way Mr. Tryder is going about it 3 because it’s absolutely wrong. 4 5 Chair: will send the letter tomorrow. 6 7 8 Approve March 2, Minutes of the Meeting. 9 nd Motion by RS, 2 by CL to approve March 2 Minutes, vote was unanimous. 10 11 nd Motion by RS to adjourn 2 by TS, the meeting adjourned at approximately 8:30 pm. 12 13 14 15 By order of the Planning Board 16 17 _____________________________ 18 Approved 19 20 21 22 23 24 25 26 27 28 29 30 31 Please note: The Planning Board reserves the right to take items out of order and to 32 . discuss/or vote on items that are not listed on the agenda 33 6