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HomeMy WebLinkAbout2011-04-19 Planning Board Meeting Minutes PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM 1:C.LaVolpicelo,T.Seibert,R.Glover,M.Colantoni,J.Simons(arrivedat7:55) Present 2Absent:R.Rowen 3StaffPresent:J.Tymon,J.Enright 4Meetingbeganat7:04 5 POSTPONEMENT 6 Definitive Subdivision for 8 single-family CONTINUED PUBLIC HEARING: 1679 Osgood Street, 7 residential lots within the R-3 District, submitted by GMZ Realty. 8 “Mathews Way” Proposal of a Five (5) Lot CONTINUED PUBLIC HEARING: 288 Sutton Street 9 Definitive Subdivision. 10 11 DISCUSSION 12 : Proposed new dormitory with a faculty apartment imbedded in the dormitory and two Brooks School 13 attached residences of approximately 3,400 square feet each. 14 J. Tymon: Stated that a Technical Review Meeting with some of the Town staff was held to review the 15 project. Half of the proposed site is in the watershed, general zone, where residential use is allowed. 16 Does not believe there is a need for a Watershed Special Permit. Recommended that the applicant come 17 to a Planning Board meeting to request a waiver from Site Plan Review due to the scope, location, and 18 impact of the project. 19 John Trovage, Director of Facilities Management Brooks School: The dorm is being proposed in order to 20 alleviate some over crowding and allow for the renovating of some existing dormitories. The school does 21 not plan to increase the student population. The waters edge is 1,300 feet from the proposed building. 22 There will be 20-22 dorm rooms with attached faculty housing at each end of the building. 23 John Scott, Civil Engineer: Presented site plan of campus and showed the proposed location of the new 24 dorm. The proposed site location for the dorm is two feet lower than the high point of the campus. Six 25 parking spaces will be added to accommodate the new building. There are ample parking spaces on the 26 campus for faculty and day students. The soils have an estimated seasonal high water table of 20” below 27 the ground level. This indicates that there is probably very little recharge taking place. Proposing to 28 capture the roof water in drip trenches under the eaves and be directed to the stormwater system. The 29 school is on the Town water and sewer systems. The building will have sprinklers to meet fire 30 regulations. There is natural gas onsite and the building will be connected to it. Electrical will be 31 underground if the budget allows for it. This project will disturb less than an acre of land. 32 M. Colantoni: What is the distance to the nearest abutters? 33 J. Scott: The nearest abutter is a greater distance away than the lake is to the building. 34 Rob Bramhall, Architect: Reviewed the building design, floor plan, materials, pathways, and 35 landscaping. Proposed building is approximately 12,000 sq ft. 36 T. Seibert: Recommended that the Board discuss the project with J. Simons and R. Rowen before 37 authorizing a waiver of Site Plan Review. This should be done within the next two weeks. 38 J. Simons: Upon being updated on the proposed project, recommended that the applicant file for Site Plan 39 Review and that the abutters be notified to remain consistent with what has been done in the past for 40 Merrimack College and for Brooks School. The fees can be waived. A draft decision should be 41 completed for the hearing date and possibly the hearing can be opened and closed in one meeting. It is 42 the applicant’s decision as the whether they want to bring their engineer and architect to the next meeting. 43 1 PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM 44 45 46 PUBLIC HEARINGS 47 WARRANT ARTICLE NEW PUBLIC HEARING: 48 Town Meeting Warrant Article to amend the Town of North Andover Zoning Bylaw 4.122.14-Resident 4 49 District-Permitted Uses to allow existing 2-family homes as-of-right. 50 Article 28.Amend Zoning Bylaw-Amend 4.122.14-Resident 4 District-Permitted Uses. To 51 52 see if the Town will vote to amend the Town of North Andover Zoning Bylaw by deleting the existing 53 Section 4.122.14Aa and Section 4.122Ab and replacing them with the following: 54 4.122.14 Residence 4 District (Permitted Uses) 55 A. Dwelling Types 56 a. One family dwellings and existing two family dwellings. 57 b. Additional two family dwellings by Special Permit from the Zoning Board of Appeals in 58 accordance with Sections 10.3 and 4.122.14D of this Bylaw; 59 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 60 permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town 61 of North Andover; . 62 Or to take any other action relative thereto Petition of Charles H. Foster and others 63 64 RECOMMENDATION: Favorable Unfavorable 65 66 (Public Hearing opened at 7:45pm) 67 J. Tymon: Provided overview of the petition of Charles H. Foster and Others. Read a letter submitted by 68 Gerald Brown, Inspector of Buildings, dated April 6, 2011 with a Subject line of “Charlie Foster 69 Application”. 70 (J. Simons arrived at 7:55 during discussion about this letter) 71 Charlie Foster, Petitioner, provided an explanation of his petition and his reason for it. 72 R. Glover requested a certain date be put on what is “existing”. 73 There discussion regarding the Article between C. Foster and the Board. 74 75 MOTION 76 A motion was made by T. Seibert to close the Public Hearing discussing Article 28. The motion was 77 seconded by C. LaVolpicelo. The vote was unanimous 5-0. 78 79 MOTION 2 PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM 80 A motion was made by T. Seibert to recommend unfavorable action on Article 28. The motion was 81 seconded by M. Colantoni. The vote was unanimous 5-0. 82 83 84 85 CONTINUED PUBLIC MEETING: WARRANT ARTICLES Article 4. Authorization to Accept Grants of Easements. 86 To see if the Town will vote to 87 authorize the Board of Selectmen and the School Committee to accept grants of easements for access, 88 water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee 89 deem in the best interest of the Town; 90 Or to take any other action relative thereto. Board of Selectmen 91 RECOMMENDATION: Favorable Unfavorable 92 MOTION 93 Move to recommend favorable action on Article 4 by T. Seibert. Seconded by C. LaVolpicelo. 94 Vote was unanimous 5-0 95 Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize 96 the Board of Selectmen and the School Committee to grant easements for access, water, 97 drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee 98 deem in the best interest of the Town; 99 Or to take any other action relative thereto. 100 Board of Selectmen 101 RECOMMENDATION: Favorable Unfavorable 102 MOTION 103 104 Move to recommend favorable action on Article 5 by T. Seibert. Seconded by C. LaVolpicelo. Vote was 105 unanimous 5-0 106 Article 12. Amend Capital Improvement Plan Appropriations from Prior Years. 107 To see 108 if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as 109 voted by: 110 See Attachment N1: Re-program funds for Elm Street Project 111 See Attachment N2: Re-program funds for Two Track Loaders with Attachments 112 See Attachment N3: Re-program funds for Water System Improvements 3 PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM 113 114 Bond Counsel will draft article. 115 Or to take any other action relative thereto. Board of Selectmen 116 RECOMMENDATION: Favorable Unfavorable 117 118 Move to recommend favorable action on Article 12 by T. Seibert. Seconded by C. LaVolpicelo. Vote 119 was unanimous 5-0 Article 13. Amend Zoning Bylaw, Section 8.9 Wireless Service Facilities. 120 To see if the 121 Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting 122 Section 8.9 in its entirety and replacing it with the following which includes a Wireless 123 Telecommunications Overlay District: 124 Or to take any other action relative thereto Board of Selectmen 125 RECOMMENDATION: Favorable Unfavorable 126 Article 14. Amend Zoning Bylaw Î Section 3 Zoning Districts and Boundaries, 127 Subsection 3.1 Establishment of Districts. 128 To see if the Town will vote to add a new district to the 129 list of designated districts within the bylaw. 130 Section 3, Subsection 3.1, is to be amended adding at the end of listed districts, the text shown as 131 underlined. Wireless Telecommunications Overlay District 132 . 133 Or to take any other action relative thereto Board of Selectmen 134 RECOMMENDATION: Favorable Unfavorable 135 MOTION 136 137 Motion was made by C. LaVolpicelo to close the Public Hearing for amending of the zoning bylaw 138 section 8.9 Wireless Service Facilities and Wireless Telecommunications Overlay District. The motion 139 was seconded by M. Colantoni. The vote was unanimous 4-0. (J. Simons had not arrived yet) 140 MOTION 141 4 PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM 142 A motion was made by C. LaVolpicelo to move to recommend favorable action on Articles 13. M. 143 Colantoni seconded the motion. The vote was unanimous 4-0. (J. Simons had not arrived yet) MOTION 144 145 A motion was made by C. LaVolpicelo to move to recommend favorable action on Article 14. M. 146 Colantoni seconded the motion. The vote was unanimous 4-0. (J. Simons had not arrived yet) 147 Article 27. Capital Improvement Plan Appropriation Fiscal Year 2012. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2012 as detailed below, provided hat, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the t Town of North Andover, for any capital project in excess of $500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have the following condition added to it: "provided that this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 debt exclusion referendum under General Laws Chapter 59, Section 21C(k)": 148 General Fund 149 Roadway Improvements: $390,000 150 Fire Alarm Boxes and Panels $100,000 151 Internet Telephone System $402,000 152 Middle School Roof Replacement $1,000,000 153 Defibrillator Replacement $43,000 154 Police Station Parking Lot and Exterior Lighting $125,000 155 Emergency Generator at Public Works Facility $38,000 156 School Dept. Data Storage and Back Up Systems $165,000 157 Vehicle Fuel Pump System $45,000 158 Dump Truck with Plow, Sander and Basin Cleaner $210,000 159 Sargent School Roof Replacement $240,000 160 Atkinson School Window Replacement $1,700,000 161 162 Sewer Enterprise Fund 163 Sewer Utility Truck $78,000 164 Water Enterprise Fund 165 Heating, Ventilating and Air Conditioning Equipment 166 At Water Treatment Plant $690,000 167 Valve and Hydrant Replacements and Installation $260,000 168 Solar Power Equipment at Water Treatment Plant $376,000 169 170 Or take any other action relative thereto. 5 PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM Board of Selectmen 171 RECOMMENDATION: Favorable Unfavorable 172 J. Tymon to investigate what types of votes are allowed other than favorable and unfavorable. 173 Article 29. Report of the Community Preservation Committee and Appropriation From 174 the Community Preservation Fund 175 To receive the report of the Community Preservation . 176 Committee and to see if the Town will vote to raise, borrow, transfer and/or appropriate from the 177 Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws 178 Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; 179 (Information to be provided by CPA Committee prior to warrant being signed). 180 Or to take any other action relative thereto. Community Preservation Committee 181 RECOMMENDATION: Favorable Unfavorable 182 183 To be discussed at next meeting. Article 30. Authorization to Borrow Money To Be Paid Back Using Community 184 Preservation Act Funds. 185 186 (Information to be provided by CPA Committee prior to warrant being signed). 187 Or to take any other action relative thereto. Community Preservation Committee 188 RECOMMENDATION: Favorable Unfavorable 189 190 To be discussed at next meeting. Article 39: Road Way Acceptance: Carter Field Road 191 192 To see if the Town will vote to accept and name Carter Field Road as a public way, as laid out by the 193 Board of Selectmen, and as shown as “Carter Field Road” on a plan entitled, “Street Layout Plan, Carter 194 Fields Subdivision prepared for Tara Leigh Development, LLC, Scale 1” = 40’; Date March 14, 2011, by 195 MHF Design Consultants, Inc.” and to accept deeds to all related open space parcels and easements, 196 shown on Plans recorded as Plan No. 14969 and Plan No. 14471 at the North Essex Registry of Deeds 197 and on the above referenced Street Layout Plan. . 198 Or take any action relative thereto 6 PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM Planning Board 199 RECOMMENDATION: Favorable Unfavorable 200 201 J. Tymon: Updated the Board on all documentation that has been received regarding the proposed street . 202 acceptance. The road layout meeting is scheduled with the BOS for Monday night MOTION 203 204 A motion was made by T. Seibert to recommend favorable action for Carter Field Road street acceptance. 205 The motion was seconded by C. LaVolpicelo. The vote was unanimous 5-0. 206 Article 40: Authority to Dispose of Interest in Land-200-203 Bunkerhill Street Î Rear of 207 Chickering Plaza Route Authority to Dispose of Interest in Land 208 209 To see if the Town will vote to transfer the care, custody and control of the interests of the Town 210 in the way or paper street portion of the property known as Bunkerhill Street, which is appurtenant to the 211 Town’s ownership interest in the property at 200-203 Bunkerhill Street, shown on Assessors Map 84, 212 Parcel 14 , to the Board of Selectmen for disposition and to authorize the Board of Selectmen to dispose 213 of the interests of the Town in said way or paper street ( at the rear of Chickering Plaza) upon terms and 214 conditions that the Board of Selectmen deem to be in the best interest of the Town, even if the Town 215 receives no consideration therefor, or to take any other action relative thereto. Board of Selectmen 216 RECOMMENDATION: Favorable Unfavorable 217 218 No vote taken. Requested more information. 219 Article 41. Transfer of Town Owned Land to the Care, Custody and Control of the 220 Conservation Commission 221 222 To see if the Town will vote to transfer the care, custody and control of two town owned parcels located 223 on Berry Street, shown as Lot 12 and Lot 62 on Assessors’ Map 108C, to the care, custody and control of 224 the Conservation Commission pursuant to M.G.L. Chapter 40, Section 8C, said parcels further described 225 as follows:` 226 Lot 1-E, containing 3.1 acres, more or less, and Lot 2-E, containing 3.010 acres on Plan of Land 227 entitled: “Plan of Land located in North Andover, Mass., prepared for Reginald Landry; Scale: 1” 228 = 40’ ” and recorded with North Essex Registry of Deeds as Plan No. 10082. For title reference, 229 see Final Judgment in Tax Lien Case No. 105879, recorded with said Deeds at Book 6062, Page 230 220 and Final Judgment in Tax Lien Case No. 105880, recorded with said Deeds at Book 6062, 231 Page 221. 7 PLANNINGBOARD MeetingMinutes Tuesday,April19,2011 TownHall,120MainStreet 7.00PM 232. Or take any action relative thereto Board of Selectmen 233 RECOMMENDATION: Favorable Unfavorable 234 MOTION 235 236 A motion was made by T. Seibert to recommend favorable action on Article 41 by T. Seibert. The motion 237 was seconded by C. LaVolpicelo. The vote was unanimous 5-0. 238 239 MEETINGMINUTES 240 MOTION 241AmotionwasmadebyR.GlovertoapprovethemeetingminutesforApril5,2011.Themotionwas 242secondedbyT.Seibert.Thevotewasunanimous50. 243 244 ADJOURN 245 MOTION 246AmotionwasmadebytoadjournthemeetingbyT.Seibert.ThemotionwassecondedbyM.Colantoni. 247Thevotewasunanimous50. 248 249Themeetingadjournedat8:47PM. 250 251MeetingMaterials:4/19/2011Agenda,BrooksSchoolTRCapplication,WarrantArticle13parcel 252locationmap,AnnualTownMeetingWarrant(April5,2011),,DraftlanguageforArticle13,Letters 253relatedtoCarterFieldRoadStreetAcceptance:3/2/2011B.Thibodeau,3/30/2011B.Thibodeau,Street 254AcceptanceChecklist,3/1/2011G.Willis,3/1/2011D.Bedrosian,1/25/2011B.Thibodeau,Letterfrom 255GeraldBrownrelatedtoCharlieFosterWarrantPetition.PlanningBoardReportforAnnualTown 256Meeting5/10/2011.BunkerHillRoadMIMAPparcelmapandaerialview,Meetingminutes3/15/2011. 8