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HomeMy WebLinkAbout2003-03-25 Planning Board Minutes 2 North Andover Planning Board � 3 Unapproved Minutes ✓ ,�7 -, 4 March 25, 2003 �.. � 5 Regular Meeting 6 7 Members Present: John Simons, Chair;Alberto Angles, Vice Chair, Rick Nardella, Clerk; 8 Felipe Schwarz; George White; James Phinney, Associate Member 9 Staff Present: J. Justin Woods, Planning Director, Debbie Wilson, Planning Assistant 10 11 12 Meeting called to order by vice Chair Angles at 7:10PM 13 14 Discussions: 15 16 1. Mr. George Barker's intent to sell his land to Tara I..eigh Development under MGL 61.A 17 The Planner addressed the board and explained that Tom Zahoruiko, Tara Leigh Development, would 18 like to purchase a piece of land from Mr. Barker for parking for the recreational fields at the Carter Fields 19 subdivision, The Planner explained that under MGL 61 A the town has a first right of refusal and the 20 Board of Selectmen were seeking a recommendation as to whether or not to exercise the waive the first 21 right of refusal and whether or not to waive the 120 days that the Town has to consider its option. Mr. 22 Zahoruiko stated that he would like to purchase this land and would appreciate the Board's 23 recommendation. Schwarz motion to recommend that the selectman waive the Town's option to 24 purchase Mr. Barker's property and to recommend waiving the 120 waiting period. 2°d by White. 25 Discussion:None. Motion carries 4-0. 26 27 [Nardella entered at 7:16PM] 28 29 2. Carter Fields Bond Requirements 30 Tom Zahoruiko, Tara Leigh Development, brought up another discussion item that was not on the 31 agenda. Mr. Zahoruiko requested that the site-opening bond be rolled into the watershed bond. The 32 Planner asked for a written request so that staff could adequately review the request and make an. 33 informed recommendation to the Board. Schwarz indicated support for the Planner's request. Mr. 34 Zahoruiko said this was done for previous projects such as Settlers Ridge. Nardella reviewed bond 35 procedures with Mr. Zahoruiko and staff. Nardella explained that the bond requirements were in place for 36 a reason and should be changed. Nardella added that the site opening bond could probably be rolled into 37 the DPW bond at a later date, 38 39 [Simons entered at 7:22PM] 40 41 3. Bay State Road—Common Driveway—"Tara Lei Development 42 The Planner explained that the owner apparently thought he owned lots, one with a duplex on it and one 43 that was a build-able lot. The lot with the duplex sits on 6,877s.f and the vacant lot sits on 1.7,975s.f, 44 each in a 12,500s.f zoning district. Per state statute, an existing small lot would automatically merge with 45 adjacent land in "common or affiliated ownership." The Planner checked with the building/zoning 46 department who concurred with this interpretation. Therefore the Planner recommended that the project 47 would require a subdivision permit. Tom Zahoruiko, Tara Leigh Development, explained the location 48 of Bay State Road and discussed the intentions of the project. Complicating matters, Mr. Zahoruiko 49 explained that the applicant wished to request a waiver of constructing a paper street but count the 50 frontage on the paper street and then apply for a common driveway and a special permit for access not 51 over frontage. Mr. Zahoruiko if it was the board's position that the lots merge and the Chair said yes. Mr. 52 Zahoruiko discussed the possibility of changing the position of the lots, but then they would loose 53 frontage and create an odd shape lot. The Planner suggested that Tom prove he can create the paper road Planning Board Minutes Page 2 of 5 March 25, 2003 1 2 and request a waiver from constructing it with a special permit for a common driveway through the 3 existing duplex driveway. Nardella thought this was a good plan. The Chair suggested that the proponent 4 may not be able to show that they can construct the road if the fee simple ownership rights have reverted 5 from the paper road to the landowners and suggested a couple of alternatives. The Chair requested that 6 the Planner take a look at another approval that was approved by the Planning Board on Teddy Leeland's 7 land on the corner of Marbleridge Road about 7 years ago. Mr. Zahoruiko suggested that the Planner 8 check 262 - 270 South Bradford Street, The Planner will research this and the results will be provided to 9 the board. 10 11 Plan Endorsements: 12 13 4. From A- 13 lots for 0 Gray Street 14 The Planner presented the mylars to the board and explained that they had previously reviewed the plans 15 when they granted special permits for lots 8 and 9. Nardella motion to identift the 13 propowd tots off 16 of Gray Street as approval not required lots and endorse the olans. 2°d by White. Discussion:None. 17 Motion carries 5-0. The members signed the mylars for the 13 form A approval not required lots. 18 Nardella reminded the Planner that the Board has delegated its authority to approve form A lots on its 19 behalf. 20 21 5. 530 Turnpike Street 22 The Planner presented the plans to the Board and explained that these are the same plans approved by 23 both the Planning Board and the ZBA. Nardella motion to endorse the plans. 2" by White. 24 Discussion:None._ Motion carries 5-0. The Board endorsed the mylars. 25 26 Public Hearings (7:45 p.m.) 27 28 6. 500 Great Pond Rd North Andover CountM Club Sitc.Plan&Watershed Special Permits 29 The Planner reported that there were a number of issues raised by VHB and Town staff that the applicant 30 needed to address. The applicant submitted a letter dated _,requesting a continuance to the April 31 8d` Planning Board meeting,. Nardella motion to continue the public hearinsi to 7:30pm at the April 32 8th Plannine Board meeting. 2 d by Schwarz. Discussion:None. Motion carries 5-0 33 34 7. 500 Sutton Street LiglIthouse Reafty Trust North Andover Business Park Site Plan & Watershed 35 Special Permits 36 TESTIMONY: Jim Cyrier, Trustee, Lighthouse Realty Trust, presented a proposal called North 37 Andover Business Center that he feels would be very beneficial to the town. The project would have 38 mixed commercial uses and there are no wet lands are on the site. Mr. Cyrier stated that the project has 39 appeared before zoning and there are 113 parking spaces on the site and only 105 are required. The 40 Police have reviewed the study and feel the traffic study is fine and the Fire Department is satisfied 41 because he will be putting in a sprinkler system and a hydrant. The applicant also intends to install 42 extensive landscaping and green space along the entrance of the airport. Nardella asked the applicant to 43 clarify the location of the proposed area. The site would sit near the airport access drive. Mr. Cyrier 44 stated that he received a special permit from the ZBA because the airport is considerer) a non-conforming 45 use. Karl Dubey, MHF Engineers, addressed the board regarding site design and responded to each of 46 the comments from VHB. Mr. Cyrier distributed a handout, a copy of which was stamped and placed in 47 the applicants file. The curb cut entrance would be off of the Airport Drive, not Sutton Street. There is 48 two-way traffic with sidewalks along the front. The site is serviced by municipal water and sewer and 49 will be fully alarmed. Mr. Dubey indicated the water would flow away from the watershed protection 50 area through catch basins. 7Y Planning Board Minutes Page 3 of 5 March 25, 2003 1 2 7.1 Watershed 3 The Chair asked about the watershed protection area. Mr. Dubey said he verified where the non- 4 discharge zone units were with Epsilon and that the project is greater than 800 feet from the lake. Mr. 5 Dubey said they are still responding to a couple of VHB's questions. Schwarz asked about the 6 verification of wetlands in this area and the Planner explained that the Town Conservation 7 Department verifies this and he would obtain a letter from the Conservation Administrator. 8 9 7.2 Site Plan 10 LSI prepared the lighting plan. The applicants are proposing low voltage poles facing away from the 11 street. The site has the adequate turning radii for loading and receiving an 18- wheel vehicle or 12 maneuvering emergency vehicles. The parking has five handicapped spaces with one van handicap space. 13 The signs will be under the maximum required for signs displayed and the applicant submitted three sign 14 options that the board can select from. The Planner recommend that a waiver be made for the surveying 15 of the property and accept a survey of the lease area. Nardella asked how long the lease would be for. 16 Mr. Cyrier stated 60 years. Nardella questioned the Dumpster area and if there was enough space for 17 trash. The Dumpsters were shown on the plans and appear to be adequate for the development. Schwarz 18 asked about the applicant putting in a small retaining wall in place of the rip rap. The applicant will try 19 and dress up the Dumpster with a retaining wall area and plantings. Mr. Nardella questioned the snow 20 removal and it was stated that the snow plowing procedure would be built into the lease. Schwarz asked 21 about a vacant piece of land in between the properties. Mr. Napoli, an abutting leasee with an abutting 22 project on tonight's agenda, stated that the airport wanted to maintain this piece of land and keep it is a 23 buffer. Mr. Cyrier said the windows are non-reflective so it will not interfere with the airport traffic and 24 they are continuing the windows all the way around the building for aesthetic reasons. 25 26 7.3 Drainage/Landscaping 27 Angles asked about the detention basin and the placement of it. The applicants are proposing a detention 28 pond approximately 10 feet from Sutton Street and Nardella stated he wanted to be sure that the detention 29 pond had plantings that would protect this area from becoming a receptacle for trash. Napoli also has a 30 detention pond and they are approximately 170 feet apart. Angles asked why they could not combine the 31 ponds. Mr. Cyrier would like to keep the ponds separate so they can maintain their own ponds. Chris 32 Huntress, Huntress Landscape, addressed the board regarding the proposed plantings in this area. Mr. 33 Huntress indicated that the plantings would be significant for the area. Schwarz asked the time frame for 34 this project and the applicant indicated July. Nardella motion to continue the public hearing to 7:30pm 35 at the April 8tb Planning Board meeting. 2nd by Schwarz. Discussion:None._Motion carries 5- 36 - 37 Continued Public Hearings: 38 39 8. 10 Commerce Way, Car Wash Facili.1y, Site Plan Special Permit 40 The Planner addressed the board regarding the following: On March 18, 2003 the PIanning Department 41 received a letter from Jim Comeau, PE stating that they hope to have a traffic management plan and the 42 flow monitoring requested ready for the April 8, 2003 meeting. The Planning Board and applicant each 43 signed an extension to April 30 at the last meeting. The Board discussed how many times they should be 44 willing to continue and extend matters. The Planner stated that while he was not here for the past year 45 while this had played out, the applicant appears to be making efforts to address VHB and DPW's 46 comments. Schwarz motion to continue the public heari to 7:30pm at the April 8th Planning 47 Board meeting. 2na by Nardella. Discussion:None._Motion carries 5-0 48 - Nanning Board Minutes Page 4 of 5 March 25, 2003 1 2 9. Saville Street Definitive Subdivision 3 TESTIMONY: Jack Soucy, Civil/Site Engineering, was present representing the applicant. The 4 Planner reported that per the Planning Board's request, he met with Tim Willett to confirm that DPW 5 was satisfied with the proposed hammerhead turnaround. Mr. Willett wrote in a follow-up email that the 6 plans appear to be satisfactory. He also stated that it is not necessary to specifically exclude town 7 services as the town regularly provides services in the surrounding areas of Saville Street, so town 8 services should be extended into the proposed roads" Nardella wants the approval to state that the road 9 would not be serviced by town services so that there is no obligation or precedent set that the Town is 10 obligated to provide services to a private way. Schwarz motion to close the public heating. 2"d b 11 White, Discussion:None. Motion carries 5-0 12 13 10. Saville Street Definitive Subdivision Deliberations 14 The Planner revised the draft decision to include condition 2f that all references to variances on sheet one 15 shall be changed to waivers prior to endorsement and added the specific waivers into condition the draft. 16 The Chair requested that the waiver language be expended to explain that waivers are reasonable given 17 the specific circumstances of this subdivision and have no material adverse impact on the overall intent of 18 the aforementioned Rules and Regulations. Nardella also requested that the Planner add a condition to 19 section 5 that states prior to any lots being released, in lieu of constructing sidewalks, the applicant has 20 agreed to make a contribution to the sidewalk fund. The DPW will determine the amount of the 21 contribution and evidence of DPW's determination and a receipt for the contribution must be submitted 22 to the Town Planner. Additionally, Nardella requested a condition that states that this is a private way 23 and the Town of North Andover shall incur no obligation to provide any municipal services including 24 but not limited to plowing or trash pick up. Nardella motion to approve the March 24, 2003 draft 25 Saville Street Definitive Subdivision as amended herein. 2,d by Angles., Discussion none. Motion 26 carries 5 — 0. The Planner informed Mr. Soucy that a decision would be filed and mailed by March 31, 27 2003. 28 29 11. Napoli Trucking..—Site Plan Special Waiver& Watershed Special Permit 30 TESTIMONY: Philip Christianson & Sergi, and Mr. Napoli, Napoli Trucking, addressed the board. 31 This project is on Clark Street and is proposed for two buildings and a detention pond. The Planner stated 32 that there are a couple of drainage issues remaining. Mr. Christianson indicated that the applicant would 33 be providing test pit data results and infiltration rates to VHB. The applicant is asking for a waiver for the 34 traffic study since there are only five trucks operating per day and they will be operating during off peak 35 hours. Schwarz asked about the type of trucks and the applicant indicating tri-axle trucks. They leave at 36 5:00am and return around 6:OOPM. Angles asked about the drainage. Mr. Christianson stated that the 37 drainage would flow in to the detention pond, This project is in the watershed protection district. The 38 non-discharge area has been clarified, but these are new plans presented tonight. Angles asked how they 39 determined the best location for detention pond. Mr. Christianson said that they project is on a hill so 40 they located the pond at the bottom of the hill to utilize the natural contour and minimize underground 41 piping. Felipe asked about the landscaping. The Board inquired about the proposed fencing. Mr. Napoli 42 stated that the Building Commissioner wants an eight-foot security fence around the property. The Chair 43 asked about landscaping and the applicant said he intends to leave as many of the trees there as possible. 44 The Chair asked for a more detailed landscaping plan. Steven Webster and Attorney Domenic Scalise 45 were also present representing the Mr. Napoli. White asked about lighting and Mr. Napoli indicated that 46 lights affixed to the buildings would be used. There would be snowplows stored outside. The five bays 47 would face the street. Schwarz wanted the doors behind the building and thought that should be explored. 48 The Planner recommended that the applicant follow-up on the remaining drainage, lighting and 49 landscaping issues and that the Board continue the matter to its next meeting. 50 Nardella motion to continue the public hearing to 7:30 m at the April WhPlanning Board meeting. 51 2"" by__Schwarz. Discussion:None. Motion carries 5-6 52 „ 53 i Planning Board Minutes Page 5 of 5 March 25, 2003 1 2 Remaining Discussion Items: 3 4 12. 642 Turnpike Street Rezoning from R3 to VC 5 Donald Cresitelli would like his home rezoned since all of the other homes in the area have been 6 rezoned. This home has no closets and used to be real estate office. The Planner explained that Mr. 7 Crescitelli would like it rezoned to R3 to Village Commercial and the application'has been filed for Town 8 Meeting. The Planner also noted that he informed Mr. Cresitelli that rezoning the property may tie his 9 hands because he will be creating a non-conforming lot that is too small for the VC district. The Chair 10 suggested that this he contact his neighbors to combine lots and rezone it to a conforming VC. The Chair 11 did not feel the parcel should be rezoned to Village Commercial as a non-conforming lot, but explained to 12 Mr. Crescitelli that this property may fall into the Adaptive Reuse idea that the Board will be discussing 13 next. 14 15 Planning Board Business: 16 17 13. Adaptive Residential Reuse 18 The Chair addressed the board regarding the original draft overlay district. He said many residents 19 complain when they are zoned next to a commercial district and feels creating an overlay district on the 20 property that directly abuts the commercial zoned business would be beneficial as landowners would have 21 additional options to use the existing structure. The Planner has reworked the wording and he feels that it 22 should be applied as a special permit. He suggested that the applicant should go before the ZBA for use 23 and before the Planning Board for site plan review. The Planner feels that if an applicant had to go to 24 town meeting they would just go for a re-zoning change instead of inclusion in an overlay district. 25 Nardella agrees that applicants would not go to town meeting for an overlay that would limit their uses. 26 The Planner revised section 3 to say that properties in the Rl, R2, R3 & R4 that abut commercial 27 properties would be able to apply for a special permit. Schwarz concurred with Nardella. The Planner 28 explained that Town Attorney indicated that a map is required to do the overlay district. The Chair feels 29 that this should be addressed at town meeting. Town Planner and the Chair distributed separate drafts of 30 the proposed bylaw. The Chair requested that the members review the drafts and decide which one they 31 prefer. The Planner noted that there is not a lot of time here as we must finalize a hearing notice and get it 32 to the paper by April 3 to hold a public hearing on April 22"d 33 34 Upcomige Meetings: 35 April p ,2003- 211 South Bradford St Watershed Special Permit Application Hearing 36 April 22,2003-Town Meeting Articles Hearings 37 38 14. Adjourn 39 Schwarz motion to adjourn 2°a Angles. Discussion:None. Motion carries 5-0. 40 Meeting ad_iourned: 10:46. 41 42 43 44 45 46 �I