HomeMy WebLinkAbout2005-04-19 Planning Board Minutes Town of North Andover
Office of the Director
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Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845 US
Heidi Gril
,fin Telephone(978)688-9531
Division Directoi-
Fax(978) 688-9542
2 North Andover Planning Board
3 Minutes of the Meeting
4
April 19,2005 t
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5 North Andover Town Hall
6 120 Main Street, Conference Room, 2"d floor
7 Time: 7:00 PM
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9
10 Members present: Alberto Angles, Chairman
11 George White, Vice Chairman
12 John Simons
13 James Phinney
14
15 Members absent: Richard Nardella
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17 Staff present: Lincoln Daley, Town Planner
18 Mary Ippolito, Recording Secretary
19 Heidi Griffin, Director CDS
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21 Chairman Angles called the meeting to order at 7:08 PM.
22
23 Discussion Items:
24 Rosemary Smedili, BOS Chairperson, took the podium and proceeded to thank the Planning
25 Board for all of their hard work. Chairman Angles thanked Mrs. Smedili for her words of
26 appreciation. Chairman Angles stated that the Board is lacking an associate member and if there
27 is any interest in filling this position to please let the Board know. Mrs. Smedili stated that the
28 goal is to get everyone appointed by the end of this June.
29
30 Public Hearings:
31 1. Article 938 - Amend Zoning Map Parcels fronting Main Street and Park Street [Police
32 Station Area] —Assessors Map 71 Parcels 43, 44,39,28, 45, 46, 47, 48, 50; Map 58B
33 Parcel 37; Map 85 Parcel 13. (Petition of the Board of Selectmen)
34 None of the petitioners were in attendance to present. The Board voted to continue the
35 discussion until May 3rd.No one was present in opposition. Upon a motion made by John
36 Simons and 2d by George White the Board voted to continue this until the May 3,d meeting.
37 Vote unanimous 4-0.
38
39 2. Article 40 - Amend Zoning Map Parcel fronting Turnpike Street—Assessors Map 25,
40 Parcel 53 from Village Commercial to General Business. (Petition of Scott Hajjar)
Planning Board
Minutes of the Meeting
April l9,2005
Page I
1 The petitioner, Mr. Hajjar, was present and submitted a letter regarding a covenant restriction
2 for Lot 4 Willow Street currently owned by Mr. Annaloro. Mr. Hajjar continued his
3 presentation highlighting all properties zoned GB abutting his property zoned for VC. Mr.
4 Hajjar asked the Planning Board to make the area consistent with the land uses zoned along
5 Rte. 114. The Board directed Lincoln to take a look at what covenant restrictions were
6 applied for Lot 4 Willow Street. The Board then asked if Mr. Hajjar is planning to tear down
7 his house after the rezoning. Mr. Hajjar responded that he didn't know. No one was present
8 in opposition. Upon a motion made by John Simons and 2"d by George White, to continue
9 this until the May 3rd meeting. Vote was unanimous 4-0.
10
11 3. Article 46 - Amend Section 6.6.B.2—temporary signs of the Zoning Bylaw. (Petition of
12 the Town Manager)
13 Heidi Griffin presented on behalf of the petitioner,the Town Manager. H. Griffin stated
14 some minor changes to the Town's bylaw would allow for a temporary sign to be larger than
15 what is currently allowed. No one was present in opposition. Motion was made by John
16 Simons and 2nd by George White to approve for favorable action on article #46. Vote was
17 unanimous 4-0.
18
19 4. Article 23 - Accept the Provisions of Massachusetts General Laws Chapter 44 Section
20 55C-Affordable Housing Trust. (Petition of the Board of Selectmen)
21 Heidi Griffin briefly explained the purpose and functions of the Affordable Housing Trust.
22 She further stated that Town Counsel drafted the language for the article. A general
23 discussion regarding the structure and responsibilities afforded to the Housing Trust Board of
24 Trustees then ensued. Ben Osgood, resident, stated that the article lacked a mechanism of
25 checks and balances to regulate the actions of Trustees. As the article currently stands, a
26 trustee that has no limitations such as going to Town meeting to get authorization or to go
27 through the BOS for approval. Mr. Osgood likes this article, but he doesn't agree that this
28 kind of authority should be turned over to a few people who serve on the trust. The trustee
29 powers need to be focused and channeled appropriately. The Board directed H. Griffin to
30 work with the Town Manager and draft boilerplate language for this. Upon a motion made
31 by Richard Nardella and 2"d by George White to keep this open until the May 3rd meeting.
32 Vote was unanimous 4-0.
33
34 5. Article 48—Amend Zoning Bylaw: Add the phrase "and/or dwelling units" and "and/or
35 dwelling units allowed in a PRD" into the Planned Resident Development (PRD),
36 Section 8.5.6.G—Calculation of Allowable Residential. (Petition of John Simons and
37 others)
38 John Simons briefly explained that the article proposes to rectify ambiguities within the
0 39 Bylaw regarding the appropriate method to determine the allowable density within a PRD.
40 No one was present in opposition tonight. Motion was made by George White, and 2nd by
41 James Phinney, to approve for favorable action. Vote was unanimous 4-0.
42
43 6. Article #41 -Amend Zoning Map Parcel fronting Osgood Street—Assessors Map 34,
44 Parcel 7. (Petition of John T. Smolak and others)
45 (John Simons excused himself from voting on this article) Attorney Smolak was present and
46 stated the property is approximately 6 acres in size and is located across from the Lucent site
Planning Board
Minutes of the Meeting
April 19,2005
Page 2
1 and adjacent to the Triple AAA Corporate offices. The marketing of this property for
2 industrial and office uses was not successful. Currently, there is a 30%vacancy rate in the
3 Merrimack Valley area. To make matters more difficult, his client can't compete with office
4 space across the street. The most appropriate use would be to rezone to business use. Chris
5 Huntress was present to speak He presented a plan for a gas station and a small restaurant to
6 be located on this site. C. Huntress explained that the benefit for this proposed use is the
7 location of the parking towards the back portion of the lot and the buffer of green landscape
8 that has been placed in front of the gas tanks. Behind the gas station will be a 4,000 s.f.
9 family restaurant. The architect was present to address issues and stated he worked on many
10 shopping centers for signage, lighting, and traffic patterns. He believed that the site would
11 conform well to the preferred New England style of development.
12
13 Chairman Angles read the uses allowed in this district for a Special Permit. The Board stated
14 they lilted the idea of a restaurant in this area, especially given its location across from the
15 Lucent site. In addition, thie Planning Board favored the layout of the restaurant. The Board
16 commented that by having a gas station located at this site, other gas stations would be
17 prohibited from locating within a certain distance given the zoning requirements. No one
18 was present in opposition. Upon a motion made by James Phinney and 2"d by George White,
19 to approve for favorable action. Vote was unanimous 3-0.
20
21 7. Article 47 - Amend Zoning Bylaw: Adding Language to Section 4.133 Allowed Uses to
22 the Industrial 2 District. (Petition of John. T. Smolak)
23 Attorney Smolak and Chris Huntress presented on behalf of their client. There have been
24 several inquiries from people interested in utilizing the vacant space at Lucent for both
25 indoor and outdoor uses. Attorney Smolak stated that by expanding the uses allowed in the
26 Industrial 2 District, the property becomes more attractive to potential tenants and generates
27 revenue for the site. No one was present in opposition. Upon a motion made by John
28 Simons and 2"d by George White, to continue until May P. Vote was unanimous 4-0.
29
30 8. Article 44 -Amend Zoning Bylaw: Add Language to Section 8.8.7(e) Adult Use Zone of
31 the Town Bylaw. (Petition of the Planning Board)
32 Heidi briefly explained the added language within the article. No one was present in
33 opposition. Upon a motion made by James Phinney, and 2"d by George White to approve for
34 favorable action on this article. Vote was unanimous 4-0.
35
36 9. Article 42 - Amend Zoning Map Parcel fronting Osgood Street—Assessors Map 74,
37 Parcel 6. (Petition of Vincent B. Landers and others)
38 Attorney Scalise presented on behalf of his client. He explained that Mr, Landers owns a
39 parcel at 1000 Osgood Street and has owned this parcel for quite some time. Mr. Landers is
40 requesting the parcel be rezoned from Industrial 2 to Business 2. Over the last couple of
41 years, there have been several parcels rezoned in this area. Mr. Landers is seeking to rezone
42 the property to allow him to construct a small retail store. The Board asked Lincoln Daely to
43 submit maps of this area so that they can judge if Mr. Landers' property is suitable for
44 rezoning. No one was present in opposition. Upon a motion made by George White, and 2n`�
45 by James Phinney, to take favorable action on this article. Vote was unanimous 4-0.
46
Planning Board
Minutes of the Meeting
April 19,2005
Page 3
1
1 10. Article 17 - Amend Zoning Bylaw: Add Language to Chapter 178 of the General
2 Bylaws, Section 3 _Wetlands Protections, Exemptions 5. (Petition the Town Manager)
3 Chairman Angles stated that he would like someone from Con/Com to address this bylaw or
4 the Town Manager to present the article to the Planning Board. Ben Osgood stated that the
5 Town should abide by the same regulations as everyone else. Upon a motion made by
6 Richard Nardella and 2nd by James Phinney to continue this on May 3rd. Vote was
7 unanimous 4-0.
8
9 11. Article 45 - Amend Zoning Bylaw: Adding Section 8.9.13 Exempt Facilities to Section
10 8.9 Wireless Service Facilities Wireless Service. (Petition of the Board of Selectmen)
11 Lincoln Daley presented on behalf of the petitioner. He stated that the article would allow
12 emergency service departments to increase the level of coverage within the Town and
13 eliminate trouble spots. Board member Simons stated that he would like verbiage such as
14 municipal use or municipal facilities added to this article. The Board discussed an issue of
15 how does this get monitored for commercial use,versus municipal use? The Board discussed
16 the need for guidelines for this use. Upon a motion made by James Phinney, and 2"d by
17 George White to continue this until May 3rd. Vote was unanimous 4-0.
18
19 12. Article 43- Amend Zoning Bylaw: Delete and Replace Language Within Section 4.2
20 Phased Development of the Town Bylaw. (Petition of the Planning Board)
21 Heidi Griffin presented the article to the Planning Board. The Planning Board requested that
22 Town Counsel provide a summary explaining the rationale for the changes to the bylaw. Ben
23 Osgood stated a court case where the Supreme Court ruled that if this bylaw could not be
24 incorporated and done within a 14-year period of time then it couldn't be done at all. There
25 is no justifiable reason to have this bylaw. The court has stated that we should not have it nor
26 will the town utilize its bylaw. Ben feels if this bylaw passes, then it would be in violation of
27 the Supreme Court ruling. Upon a motion made by John Simons, and 2"d by George White
28 to continue this until the May 3rd meeting. Vote was unanimous 4-0.
29
30 Street Acceptance:
31 13. Articles 431 thru 34 -Forest View subdivision--(awaiting final paper work from Atty.
32 Johnson). The DPW is currently working with Forest View, but requires more time to
33 review it, open space should be looked at closer,punch list was developed by engineer but
34 items still need to be resolved. Lincoln Daley stated that due to list of outstanding items, he
35 wouldn't recommend a favorable recommendation at this time. Jack Sullivan was present
36 and stated that he met with the developer and has completed about 90 percent of the punch
37 list. There is an issue with open structures and DPW wants a grate placed over these
38 structures. The developer will install the grates tomorrow. L. Daley stated that Forest view
39 should be ready in time for the Town Meeting. He continued by stating that open space issue
40 needs to be clarified by Town Counsel also. DPW is confident the roadwork will be
41 completed soon. The other issue is to get Town counsel to approve the paper work.
42 Chairman Angles stated that possibly a special meeting should take place to review the
43 information required. Upon a motion made by Richard Nardella, and 2nd by George White to
44 continue this until the May 3rd meeting. Vote was unanimous 4-0.
45
Planning Board
Minutes of the Meeting
April 19,2005
Page 4
1 14. Article 37 - Roadway Transfer: Timberlane Road—Transfer to the Board of Selectmen.
2 (Petition of David Fournier and others)
3 Mr. Fournier, the petitioner, wanted to purchase a portion of the cul-de-sac on Timberlane.
4 Lincoln Daley stated that hadn't received any paper work from Mr. Fournier. Attorney
5 Borenstein was present tonight and stated that there was a private warrant request and it was
6 filed with the Town Clerk's office. The article may not have been distributed to all of ht
7 departments. Attorney Borenstein submitted a copy of the plan of land (see plan submitted).
8 The warrant requested that they turn the property over to the Selectmen as they see fit. The
9 warrant article would allow Mr. Fournier to buy back a portion of the cul-de-sac from the
10 Town in order to increase his property. BOS will discuss with Mr. Fournier at the April 25th
11 meeting.
12
13 15. Article 35 - Roadway Acceptances: Willow Street, Willow Street (South Ext.), Bayfield
14 Drive, and Flagship Drive. (Petition of Frank E. Elander and others)
15 The Board stated the same issue, if the applicant has not submitted documentation required,
16 the petitioner would have to wait for another year to submit for street acceptance. No one
17 was present in opposition.
18
19 16. Article 36 - Roadway Acceptances: Delucia Way (Off Waverly Road). (Petition of
20 Stephen Srnolak and others)
21 Jack Sullivan stated that the DPW and Town Counsel has reviewed the submitted materials
22 and determined the majority of the paper work had been completed. No one was present in
23 opposition. Upon a motion by Richard Nardella to approve for favorable action on this
24 article, 2"d by James Phirmey. Vote was unanimous 4-0.
25
26 Street Acceptance Articles Towns onsored will be handled by.lack Sullivan DPW
27 17. Article 29—Roadway Acquisitions and Acceptance: Coachman's Lane, Concord Street,
28 Easy Street, Highland View Avenue, Morningside Lane, and Russett Lane. (Petition of
29 the DPW)
30 Jack Sullivan stated the following roadways that the Town made improvements on. He
31 stated that he had money appropriated for water, sewer lines,paving, etc. At the last Town
32 Meeting in 2004, these roads were taken and are now ready to be brought up to acceptable
33 Town standards. We now require cash bonds from developers in order complete the roads.
34 No one was present in opposition. Upon a motion made by John Simons and 2"d by George
35 White, to approve the following streets and to take favorable action on this article. Vote was
36 unanimous 4-0.
37 #16 Coachman's Lane (off Great Pond Road)
38 #17 Concord Street (off Osgood Street)
39 #18 Easy Street (off Abbott Street)
40 #19 Highland View Avenue (from Chadwick Street to Furber Avenue)
41 #20 Morningside Lane (off Winter Street)
42 421 Russett Lane (off Dale Street)
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Planning Board
Minutes of the Meeting
April 19,2005
Page 5
u
I Street takinu and acceptance Articles (Town Sponsored
2 18. Article#30 - Roadway Acquisitions and Acceptance: Adams Avenue,Autran Avenue, Bunker
3 Hill Street,Douglas Road,Glenwood Street,Martin Avenue,and Summit Street. (Petition of the
4 DPW)
5 Jack Sullivan stated he's looking for acceptance for the following streets. No one was
6 present in opposition. Upon a motion made by George White and 2"d by John Simons to
7 approve the following streets and to take favorable action on this article, Vote was
8 unanimous 4-0.
9 422 Adams Avenue
10 #23 Bunker Hill Street
11 #24 Douglas Road
12 925 Martin Avenue
13 #26 Glenwood Street
14 427 Summit Street
15 #28 Autran Avenue
16
17 PUBLIC HEARING:
18
19 19. 1003 Osgood Street, Modification to Watershed Special Permit to remove a youth
20 soccer field out of the zone.
21 Christine Minicucci was present to represent Thomas Properties. C. Minicucci briefly
22 explained the location of the site and purpose of the modification. She approached the soccer
23 people and they confirmed that the soccer field to be located at 1003 Osgood Street was in
24 fact too small to be effectively utilized. Ms. Minicucci stated that her company agreed to
25 give $25,000.00. Both Heidi Griffin and Lincoln Daley worked with the Town Manager to
26 propose a modification to this site and donate the money in lieu of the youth soccer field.
27 Board member Simons wants to see something in writing to confirm this agreement from the
28 soccer committee. The Planning Board further requested that a deed restriction be created to
29 protect the open space. Ms. Minicucci stated that she draft language to the effect stating that
30 there is a non-disturb area of 250'. She also stated that she has talked to the Treadwell
31 people in trying to coordinate the curb cuts etc. The Board would like more information to be
32 put into the decision in time to review it.
33
34 Continued Hearing: April 19,2005 Planning Board meeting.
35
36 20. Molly Town Road-PRD Special Permit & Definitive Subdivision/Minicucci. Closed the
37 public hearing on 4/5105
38 Board reviewed the draft decision. Lincoln Daley addressed various minor issues within the
39 VHB review. The Board would like the decision edited per their discussion. Upon a motion
40 made by John Simons and 2"d by George White to approve the subdivision for Autumn
41 Chase, subject to written decision and amendments. Vote was unanimous 4-0.
42
43 Upon a motion made by John Simons and 2nd by George White,to approve the Autumn
44 Chase Subdivision PRD Special Permit subject to written decision and amendments
45 discussed. Vote was unanimous 4-0.
46
Planning Board
Minutes of Elie Meeting
April l9,2005
Page 6
1 21. Discussion Item: Roadway issue.
2 Lincoln Daley asked if the Board would like to discuss the school roadway issue. He spoke
3 w/Hatay Harutunian, School Superintendent on this issue. A meeting was set up for next
4 Wednesday. Mr. Harutunian did place a call to Alberto and stated that the School Building
5 Committee was responsible for the roadway. Alberto stated that Mr. Harutunian advised that
6 the access road may be relocated because of safety issue.
7
8 The following petitions were placed on the May 3 2005 Planning Board agenda.
9
10 Old Salem Village—Definitive Subdivision Atty. Speicher submitted a continuance until May
11 13, 2005. Still awaiting comments from VHB.
12
13 0 Methuen Street-Definitive Subdivision/duplex. Mr. Daley to make more plan changes and
14 submit to the board. Requested continuance until May 3, 2005.
15
16 2009 Salem St.- PRD & Special Permit and Definitive Subdivision—8 single homes.
17 Applicant's Engineer to submit conventional plan, and address TRC comments. Requested
18 continuance until May 3, 2005.
19
20 Hearthstone Realty Trust, 1025 Osgood St. 3-story office building (Phase 2).
21 Currently reviewing comments from VHB. Requested continuance until May 3, 2005.
22
23 Winter Street (one lot) Definitive Subdivision, and Watershed Special Permit for Claude Elias,
24 DPW to submit drainage calculations and Mr. Serwatka to submit his plan for snow removal.
25 Requested continuance until May 3, 2005.
26
27 1551 Osgood Street- Microwave Engineering - Site Plan Review Special Permit. Revised plan
28 of land to be submitted for the May 3rd meeting. Requested continuance until May 3, 2005.
29
30 Upon a motion made by Chairman Angles and 2nd by George White to adjourn the meeting
31 tonight at 10:45 PM. Approved 4-0 unanimous. Meeting adjourned.
32
33
34 By order of the Planning Board
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39 accepted
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44 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
45 agenda.
Planning Board
Minutes of the Meeting
April 19,2005
Page 7