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HomeMy WebLinkAbout2005-05-17 Planning Board Minutes Town of North Andover of"0 oT,6�H4 Office of the Director Community Development and Services Division ` 400 Osgood Street North Andover, Massachusetts 01845 ScHuS� , Heidi Griffin Division Director "Telephone(978)688-9531 Fax(978)688-9542 1 North Andover Planning Board 2 Minutes of the Meeting 3 May 17, 2005 4 Location: North Andover Town Hall 5 120 Main Street, conference room 2nd floor 6 Time: 7:00 PM 7 8 Members present: Alberto Angles Chairman 9 George White, Vice Chairman 10 Richard Nardella 11 John Simons 12 James Phinney 13 14 Members absent: None 15 16 Staff present: Lincoln Daley, Town Planner 17 Mary Ippolito, Recording Secretary 18 19 Chairman Angles called the meeting to order at approximately 7:00 PM. 20 21 Discussion Items: 22 Olde Salem Village Alternative Site Plan Lam 23 Attorney Speicher was present tonight to discuss the REMAND of the Site Plan Special Permit 24 for Olde Salem Village. Issue raised by Attorney Speicher: there might be a better plan 25 submitted to the Town regarding the type of housing there is a demand for, a single family 26 setting. He submitted a conceptual plan to the Board it uses the same road network already 27 submitted. The plan consists of 19 single-family detached homes and 9 duplexes. The new plan 28 will require a dimensional variance for setbacks between buildings. The Planning Board 29 compared the street layout of the new plan with the street layout of the previously submitted 30 plan. The Planning Board spoke in favor of the new plan and would advocate that variances 31 when granted would make this new plan acceptable. The Planning Board then asked the 32 engineer to verify if the dwellings are outside of the 75-foot conservation wetland area. Attorney 33 Speicher stated that he would file a Notice of Intent with Conservation Commission. The 34 Planning Board asked the Planning Department to send a letter to Conservation Commission 35 urging them to work with Attorney Speicher on this new plan. A Planning Board hearing to 36 discuss the REMAND is scheduled for June 7, 2005. Attorney Speicher agreed to come back in 37 on the 7th with the revised plans. 38 May 17,2005 Minutes of the Meeting Planning Department Page 1 I Continued Hearings: 2 Olde Salem Village—Four Lot Definitive Subdivision 3 Mr. Hayes, Engineer for the project discussed the responses to VHB's comments. Mr. Hayes 4 highlighted several of the revisions made to the plans, which included but were not limited to 5 100-year flood information on the upper right corner of plan, the inclusion of street.signs, and the 6 construction of site sub surface disposal per the DPW request. He continued by stating at the 7 condominium association would be responsible for the street lighting within the subdivision. 8 Mr. Hayes then avowed that the proposed guardrails would be connected to the existing 9 guardrails abutting the property. 10 I I The Planning Board stated that they would like the items discussed incorporated into the final 12 decision. The Planning Board asked the Planning Department to check with Susan Sawyer, 13 Health Department to receive her comments for this plan. Planning Board requests that soil tests 14 be completed. Board instructed Lincoln to draft decision language for the septic system and soil 15 testing. Mr. Daley will work with Board Member Nardella in drafting such language. 16 17 Motion made by Rick Nardella and 2"' by John Simons to close public hearing on Old Salem 18 Village Definitive Subdivision. Vote was unanimous 5-0. Attorney Speicher stated that he 19 would submit an extension. Motion made by Richard Nardella and 2"d by John Simons to 20 approve an extension to waive the time constraints. Vote was unanimous 5-0. 21 22 2009 Salem Street, PRD & Special Permit, Definitive Subdivision 23 Steve Stapinski, Engineer, presented on behalf of the applicant. He reviewed comments from 24 VHB regarding the methodology for emergency over flows on the adjacent property. He stated 25 that he submitted responses to VHB and is awaiting comments. Mr. Stapinski then provided 26 details of the proposed roadway layout and grade. Both the DPW and VHB recommended that 27 the applicant request waivers on the slope of the road. The Planning Board scheduled a site walk 28 for Saturday, May 21't at 9:00 a.m. The Planning Board asked the engineer to stake out the 29 boundaries. 30 31 The Planning Board requested an extension to waive the time constraints from Eric Loth, 32 Manager of the Minicucci property. The Planning Board stated that in the future they would 33 announce that continuances such as this would be stated at the beginning of the meeting instead 34 of waiting until the meeting is in process. Mr. Loth agreed to drop a note in Mr. Casey's 35 (abutter) mailbox letting him know that this petition has been continued. 36 37 Upon a motion by John Simons and 2nd by Rick Nardella to approve a request for an extension 38 until the July 2005 meeting and to approve the request to waive the time constraints. Vote was 39 unanimous 5-0. 40 41 Microwave Engineering, 1551 Osgood Street - Site Plan Review Special Permit 42 Bob Bartlett, Plant Manager, presented to the Planning Board. He submitted a revised plan and 43 stated that his Engineer responded to VHB comments regarding the hydrology and drainage plan. 44 Mr. Bartlett continued by explaining the nature and scope of the project. The final plans are 45 currently being finalized and will incorporate VHB's comments, He anticipates that the May 17,2005 MinUtCS of the Meeting Planning Department page 2 I outstanding issues will be resolved by the June 7th Planning Board meeting. Mr. Bartlett has 2 been to ZBA and received Special Permit for a pre-existing non-conforming use. 3 4 Henry Fink, resident, raised a question regarding the actual location of the existing 1551 Osgood 5 Street plant. Mr. Bartlett addressed Mr. Fink's issue. Upon a motion by Richard Nardella and 2nd 6 by John Simons, voted for a continuance until the June 7t1'meeting and waiving the time 7 constraints. Vote was unanimous 5-0. 8 9 Winter Street Definitive Subdivision Watershed Special Permit for Roadway & Watershed 10 Special Permit for Single-FamilyResidence. 11 Board asked Lincoln Daley if a variance was required for the construction of the roadway within 12 the Conservation Zone. Mr. Daley responded by stating that he spoke with the Building 13 Commissioner and that no variance was required from ZBA. The Planning Board addressed the 14 memorandum submitted by Mr. Daley further explaining the Building Commissioner's decision. 15 Motion by Richard Nardella and 2nd by John Simons to close the meetings on the Watershed 16 Special Permits for the Roadway and Single-Family Dwelling Unit. Vote was unanimous 5-0. 17 Motion by Richard Nardella and 2nd by John Simons to close public hearing on definitive 18 subdivision. Vote was unanimous 5-0. 19 20 Board advised Mr. Daley to submit draft decisions by the June 7th meeting. The Planning Board 21 requested specific language be placed in the final decision pertaining to the rational for the 22 modified roadway standards,privatization of roadway improvements and utilities, and trash pick 23 up. 24 .25 Verizon Wireless 1275 Turnpike St. Site Plan Special Permit 26 Attorney Michael Giaimo was present tonight on behalf of the applicant. He stated that he 27 responded to VHB's comments and presented those responses to the Planning Board. Noise 28 consultant submitted a memorandum to the Planning Board regarding the project's compliance 29 with the noise ordinance within the Bylaw. Board discussed the letter submitted. Mr. Giaimo 30 stated that all FAA requirements have been met and reassured the Planning Board that the 31 building isn't going to be built any higher. A discussion then ensued concerning the 32 administrative burden on Verizon to submit required information to the FCC and Town, 33 maintenance of the equipment, and performance guarantees. Due to the nature and scope of 34 work proposed, the Planning Board determined that no bonds or performance guarantees would 35 be required. 36 37 Henry Fink, resident, was present and stated his concern with the alleged interference created by 38 the existing telecommunication tower, interference with reception to his television and car radio. 39 Mr. Fink also stated that 1275 Turnpike Street is not an acceptable address. Attorney Giaimo 40 stated that the FCC does regulate interference and that he would look into the issue try to resolve 41 it. 42 43 Motion made by Richard Nardella and 2nd by John Simons to close the public hearing for 1275 44 Turnpike Street Site Plan Special Permit. Vote was unanimous 5-0. Motion made by Richard 45 Nardella and 2nd by John Simons to approve the Special Permit for Verizon Wireless, 1275 May 17,2005 Minutes of the Meeting Planning Department page 3 1 Turnpike Street as amended this evening and language waiving of the performance guarantee. 2 Vote was unanimous, 5-0. 3 4 249 Marblerid e Road..- ANR Plan, 5 Ben Osgood, Jr., presented on behalf of the applicant, Mr. Rey. Currently, one single-family 6 house exists on site located at 249 Marbleridge Road. The house was originally constructed in 7 the late 1800's by one of the founding families of North Andover, but was determined to have no 8 historical value. The property is bordered by an abutting cemetery. The Planning Board 9 inquired if there was the option to relocate the house. Mr. Osgood stated that due to the current 10 condition of the structure, it would not be feasible or economical. 11 12 The proposal calls for the house to be razed within the non-disturb zone. The lot would then be 13 subdivided into two each with a single-family dwelling in excess of 3,000 s.f. The lots would 14 conform the zoning requirements within that zoning district. A stream exists on the west side of 15 both proposed lots. Mr. Osgood then went on to explain the hydrology of the area and flow of 16 water on the site. On a rainy day, the water flows across the road beyond the driveway and runs 17 off the street. The water doesn't run into the wetland because there is an existing curbing. 18 19 Mr. Osgood is currently before the ZBA. He doesn't want the ANR plan signed yet, because he 20 wants to get the comments from this Board before finalizing the ANR Plan. Make sure 21 conditions state fertilizer etc. is not allowed put this in the deed restriction language. His 22 drainage calculations show that he is actually decreasing the water runoff. The Planning Board 23 asked if Jack Sullivan could visit the property on a rainy day and verify how much the run off 24 exists. Mr. Osgood stated that VHB comments will be addressed this week and that he should 25 provided his responses to the Planning Board before June 7th. Wait for the ZBA first before 26 Planning Board makes their decision and give the Planning Board an additional extension for the 27 ANR and for the Watershed Special Permit. Mr. Osgood agreed to do so. 28 29 Public Hearings: 30 AAA Merrimack Valley, 49 Orchard Hill Road- Modification to a Site Plan Special Permit 31 Toni O'Neill, VP of AAA, and the applicant's architect presented to the Planning Board. Mr. 32 O'Neill provided a brief history of the property. AAA is at a point where they are looking to 33 expand within the current building to provide a vehicle maintenance area, employee/driver area, 34 and stock room. With the exception of creating bay doors and the removal of curbing, the 35 modification will occur inside the existing footprint. The Planning recommended that the 36 applicant approach the Fire Department and get the necessary approvals. Further, the building 37 will be required to be fully sprinkled and alarmed. Motion made by Richard Nardella and 2nd by 38 John Simons to close the public hearing on AAA Merrimack Valley, Modification to Site Plan 39 Special Permit. Vote was unanimous 5-0. 40 41 Motion made by Richard Nardella and 2nd by John Simons for the Planning Board to approve 42 Modification to a Site Plan Special Permit with comments from the Fire Department (dated 43 514105 stating that sprinklers must be installed in accordance to with their standards. This 44 sprinkler issue will be addressed by Mr. O'Neill personally. No changes for the hours of 45 operation. The modification will not alter the existing hours of the 2417 operation. Motion to 46 approve AAA Modification as amended this evening. Vote was unanimous 5-0. May 17,204s M inutes of the Meeting Planning Department page 4 I Approval of Minutes: 2 Minutes were approved with minor comments. Motion made by Richard Nardella and 2nd 3 George White. Vote was unanimous 5-0. 4 5 Open Public Hearings: 6 1025 Osgood Street/Hearthstone Realty - Site Plan Special Permit & Watershed Special Permit 7 Continued to June 7th meeting 8 9 0 Methuen Street- Definitive Subdivision to construct a duplex 10 Continued to June 7"meeting 11 12 Other Business: 13 10 Bridle Path---Construction of a sunroom. Planning Board discussed a FORM U for the 14 construction of small 16' x 18.6' sunroom addition located on 10 Bridle Path. Lincoln Daley 15 presented on behalf of the applicant. He stated that the applicant is seeking a waiver from the 16 Watershed Protection District Permit, Section 4,136 of the Town Bylaw. The proposed addition 17 will not significantly increase the footprint and will not disturb the topography of the area. 18 Further, no new surface or subsurface discharges are proposed. The delineated wetlands are over 19 200' away from the construction. The Planning Board granted the waiver from Section 4.136 to 20 construct the sunroom. 21 22 His property is located in non disturbance zone. Addition would not be creating any draining 23 structure he's putting in a man made pond. Motion by Richard Nardella 2nd b John Simons for 24 the Planninp, Board to approve a request of a waiver from Watershed District for 10 Bridle Path 25 for purpose to construct 16'x18' sun room, vote was unanimous 5-0. 26 27 Chairman An les made another verbal request for anyone who wishes to join the team looking to 28 fill the alternate slot. If any interest in filliqg.the position please get in touch with the Town 29 Manager. George White will not be renewing his membership for the position of Vice 30 Chairman. Chairman Angles commended Lincoln and Mary for doing an outstanding job on the 31 Town Meeting,. 32 33 34 35 36 Comprehensive Rezoning Plan for Turnpike Street- Board member Simons stated that future 37 rezoning efforts should extend down Rte 114 on the side of Blockbusters. More information get 38 the size of all the lots, if they are wet and if they have wetlands, collect all possible information, 39 bring it back to the Board for discussion purposes. Bring abutters into the decision making 40 process for Rte 114. This rezoning of Rte 114 will unfortunately bring rezoning of commercial 41 right up to the doors of the residential abutters. Zoning Task force should be an on going thing. 42 Planning Board would like to take leadership for this issue. 43 44 Upcoming Meetings: 45 June 7, 2005 46 June 21, 2005 May 17,2005 Minutes of the Meeting Planning Department page 5 l 2 Motion by Richard Nardella to adjourn 2d Simons, meeting adjourned at 10:00 pm. 3 4 By order of the Planning Board 5 6 7 g Approved 9 10 The Board reserves the right to take items out of order and to discuss and/or vote on items that 11 are not listed on the agenda. 12 13 mi/May 17,2005 Agenda May 17,2005 Minutes of the Meeting Planning Department page 6