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HomeMy WebLinkAbout2004-12-07 Planning Board Minutes N 4 Fown of North Aridover Off�ice of the Director go _otrimun ego .nd Services. ivie 4100 Osgood Street mlw 1"�t,, North Andover, Massachusetts 0184.5 A IIelephone (978) 688-9531 DiNsion Director Fax (c 78) 688-9542 Heidi (.;rV�irr North Andover Planning ward Minutes of the Meeting December 7,2004 (Department of Public Works Members present: Alberto Angles, Chairman; George White, Vice Chairman;Felipe Schwarz, Clerk;Richard Nardella, John Simons, and James Phinney. Staff Present: Heidi Griffin,Director CDS; and Mary Ippolito, Recording Secretary Chairman Angles called the meeting;to order at approximately 7:00 PM. Chairman Angles explained the procedure to the assembly present and stated that lie would hear the discussion items first. (Discussion Items: Bond Release for NortbEast Storage,—492 Sutton Street The applicant has submitted the necessary paperwork to release all./uncly held in the amount ol'$15,711.11. Site visit to be clone. Attorney Scalise to be present at tonight's meeting Ms Griffin read a memo to the board from Justin Woods, former Town Planner, letter dated July 3, 2003, addressed to the Planning Board (letter for the record) letter referenced landscaping issues and compliance issues with the approved "plan". Attorney Dom Scalise was present tonight to represent the petitioner NorthEast Storage,492 Sutton Street. Atty. Scalise referenced the sante letter and stated that he and Mr. Woods did a site visit together on July 3, 2003 to NorthEast Storage, located at 492 Sutton Street Atty. Scalise submitted a letter tonight to the Board dated July 8, 2003 from Michael P. Miller, Airport Manager, and stated that for reasons of public safety and security, it is recommended that the entrance area to the Northeast Storage facility on Sutton Street remain free of vegetation in order to allow for good visibility to observe activity at the location(letter for the record). 110ARl)f7kY'A@'4"1'~;l11,S688-9541 Pik111,1:)ING688-9545 C."f)N44?12 //4"1'1(b ( $k-{D+I(b 11l^It41,11(r88.95f40 t"f.AN1"3f1'J(iE88-.9535 4 1 0 Other issues were stated by Atty. Scalise such as: requirement issues relative to the fence maintenance (the airport maintains fence), issues relative to tree plantings which had been done inside of lot. Atty. Scalise stated"Now that the facility is up and running and everything was done the way it was supposed to be done his client wants the bond released'. Board member Simons stated that he felt this project was going to be detrimental to the neighborhood because he feels that the area looks bad. Area needs more bright lights kept on at night, however,he realizes that it would affect the abutters. It is a functional building but aesthetically there needs to be a bit more screening. Atty. Scalise stated that he complied with the plan that was approved. The decision does not state that more plantings should have been done. This is an industrial site, and no abutters even showed up at any of the PB meetings. Board member White stated that the issue is vegetation and screening. The Board agrees that additional screening is required Further discussion took place between the Board and Atty. Scalise and it was decided that his client will need some further direction. The Board did not make a motion to release the bond this evening. Request for Site Plan Review waiver— 10 Main Street,Hair Salon. The applicant is requesting a site plan waiver to move a hair salon into 10 Main Street. (Please see more detailed memo dated November 30, 2004 for the record). Ms Griffin stated this is a simple waiver request, as the building is approx. 800 s.f. There is nothing on the ground floor now;a gift shop is on 2"d and 3rd level. There are 50+ parking spaces available now on the premises. Plse. note: James Phinney is now present. Ms Ann Marie Heckman, applicant and a resident of North Andover was present tonight. Ms Heckman stated that the hours of operation will be Tuesday thru Friday 9 to 5:30 pm and Saturday 8-2pm. Ms Heckman requested information regarding placing a sign either on the building or on the sidewalk. She was instructed to speak with Michael McGuire, Building Inspector for information relative to a sign. Upon a motion made by John Simons and 2"d by George White, the Board voted to waive a site plan review for the premises located at 10 Main Street, Vote was unanimous 4-0 Present conceptual plan for 1003 Osgood St. @ Treadwell site. Hearthstone requested an informal discussion with the board to redevelop the existing Treadwell's site (please see more detailed memo dated December 3,2004 for the record) Planning Board Minutes of the Meeting December 7,2004 Page 2 r s t Chairman Angles stated that this petition had previously been in front of the Board for discussion purposes. Chairman Angles asked Ms Griffin what changed from the last time. Ms Griffin stated that phasing issues such as interior issues are different now from the last time. Parking issues were an issue last time. Bill Perkins, Civil Engineer was present to do a presentation tonight. Mr. Perkins stated that an air rights issue came up w/abutting airport, and that it took some time to find out what they were looking for. Mr. Perkins submitted some drawings/photos for the record. He stated that the petitioner now needs to meet with Mass highway and airport authorities again. There was an issue with survey problems;the data was wrongly submitted via an outside review. The area of the building increased by 25%, it is allowed in watershed district. There are existing telephone poles and wires that are higher than the proposed new building would be,this should be addressed by taking tress down and work w/power company to get wires taken down. Phase 1 allowed 25% increased in this area. Existing tenant in Treadwell's building now, if tenant wants to stay they will work out agreement. Mr. Perkins stated that petitioner met with tenant at 1003 Osgood St,tried to work out sharing parking lots, they are reluctant to give up any parking permits. No need to file w/Con/Com structures staying out of buffer zone. Petitioner is ready to go w/both phases now. Phase 2 is the more significant property there will be a need for a traffic impact study. The 2°d sheet of the plan submitted tonight is phase 2. Discussion took place relative to the possibility of the lower level to be used as a business office or possibly a medical office. Please note: Board member Nardella is now present. The Board looked at the plan and asked if the parking spaces are in requirement with the bylaw? Is the parking to tight? Mr. Perkins stated that the parking plan layout is within the requirements of the bylaw. The Board stated that the petitioner will require a site plan review and a watershed special permit. The Board stated that they will watch both of these issues closely. Treadwell's new plan is totally outside of the non-building zone. The proposed building will contain 3 or 4 tenants on first floor, then provide an elevator to second floor. The curb cuts are presently existing now. Board member Nardella stated that the parking is chopped up. A landscaping plan has not been developed yet, it will be done and submitted by Chris Huntress, Landscaping Engineer. The Board stated they want to.ensure that the storm water management and drains will be placed properly because restrictive measures need to be put in place because some parking spaces are closely abutting the lake. Ms Griffin stated that a fence should be put up so that snow doesn't push back into wetlands, and a Watershed special permit is required for the patio, and obtain a site plan special permit for the proposed building. There was no motion made tonight. Please note: Felipe Schwarz is now present. Bond release--Brooks School. (Goulet House) - $2,000.00 The applicant has requested final release of the as-built bond held. An as-built plan has been submitted and a site visit was conducted. Planning Consultant recommend that the Board vote to accept the as-built plan and release all funds held. Planning Board Minutes of the Meeting December 7,2004 Page 3 Ms Griffin recommended the release of$2,000 of bond money as all of the proper paper work was in place. Upon a motion made by John Simons, and 2,d by Richard Nardefla the Board voted to release the bond in the amount of$2,000.00. Vote was unanimous 5-0. Continued Public Hearings: Wheelabrator-Holt Road. Decision to be edited and submitted for the December 7, 2004 Planning Board meeting. Referring to the petition of Wheelabrator for a minor Modification to Condition#2b(i) (6) Special Permit for Refustech Inc., of which was originally issued on 8125/98. Board member Nardella made edits from our c-mail draft. . Ms Griffin stated the scheduling is the issue. Ms. Griffin did April and October for discussion purposes. Board discussed that the testing be done twice a year. Pick either months. Board member Nardella stated do testing in July of 2005 and December.2005 Then do every 9 months from that for the testing requirements. The following incorporates the modification information. As to allow: i) Most recent Compliance Data: The latest monitored emissions and operating levels, compared with permit limits(graphical format), specifically: (6) Mercury, Dioxin, and any other parameter that is tested but not subject to continuous emissions monitoring data, the latest test results. MRI shall test by-yearly for dioxin in July& in December of 2005, for one year from the date of this decision. If at any time during this one-year period the dioxin/furan emissions shall exceed 7 ng/dscm, the applicant will be required to resubmit these results quarterly in accordance with the original decision issued on 8/25/98. However, if the dioxin/furan emissions results stay at, or are less than 7 ng/dscm,the applicant may then, after one year of continuous results in this category, submit their results every 9 months, in accordance with DEP limits. If at any time in the future the dioxin and furan levels exceed 7 ng/dscm, the applicant must begin submitting these test results every 3 months again. However, the applicant may repetition the Planning Board and the Planning Board reserves the right to amend this condition and allow less frequent testing if the test results reveal level of dioxin that exceed 7 ng/dscm. Upon a motion made by Chairman Angles and 2,d by Richard Nardella, the Board voted to approve the modification as amended. Vote was unanimous 5-0. Planning Board Minutes of the Meeting December 7,2004 Page 4 Continued Public Hearin s: Requested a continuance until December 7,2004 meeting. 1789 Great Pond Road—Mr. Arnone-New legal notice. Applicant seeks construction of single-family home, driveway and associated storm water management to be accessed off a common driveway within the Watershed. A decision has been drafted that incorporated the fire Department's comments from the previous Planning Board meeting. Mr. Arnone and Atty. Borenstein were both present this evening. Board member Nardefla read some edits from the finding section of a draft decision. A great deal of discussion took place regarding the appropriate verbiage to be incorporated into the writing of the decision. The issue of input from the fire department was paramount at tonight's meeting. The Board labored over the issue of safety regarding the size and shape of the driveway leading up to the petitioner's proposed resident. After a long discussion regarding safety issues from everyone concerned the Board agreed to make a decision tonight. Upon a motion made by Richard Nardella and 2,d by Felipe Schwarz, the Board voted to approve a watershed protection district special permit for 1789 Great Pond with conditions. Vote was unanimous 5-0. Continued Public Hearing: Per phone conversation of 12/2/04,petitioner requested continuance(request in writing) 15 Timber Lane- H. David & Alyson Fournier- Watershed Special Permit To demolish existing dwelling and construction of a new dwelling and inground pool. Voted to continue therefore, the petition was not heard this evening. Old Salem Village— Rte. 114 - Definitive Subdivision of a four-lot subdivision An interpretation from Town Counsel has not been received this item should be continued until the interpretation is made. Board agreed to allow for a continuance;therefore, the petition was not heard this evening. Old Salem Villa -go— Rte. 114 - Site Plan Review for a Special Permit- to construct 56 multifamily residential units within the V-R district. An interpretation from Town Counsel has not been received; this item should be continued until Planning Board Minutes of the Meeting December 7,2004 Page 5 the interpretation is made. Board agreed to allow for a continuance; therefore this petition was not heard this evening. The following item took place by the Board for discussion purposes only: Board member Nardella discussed an article in the newspaper regarding the roadway that was not open to the public for vehicle traffic at this year's presidential election. At the request of the Planning Board a letter was drafted on their behalf and addressed to the Chairman of the School Committee regarding the problem. PUBLIC HEARING: no new public hearings tonight The Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Upon a motion made by George White and 2"d by Richard Nardella, the Board voted to adjourn tonight's meeting at approximately 9:15 pm. Meeting adjourned, by order of the Planning Board approved: mi/Dec7minutes Planning Board Minutes of the Meeting December 7,2004 Page 6