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HomeMy WebLinkAbout2005-06-21 Planning Board Minutes f C (t 1 North Andover Planning Board 2r. A Minutes of the Meeting 3 June 21, 2005 4 120 Main Street, 2nd floor conference room 5 7:00 PMS "' 6 7 8 Members present: Richard Nardella, Chairman 9 John Simons, Vice Chairman 10 James Phinney, Clerk 11 Alberto Angles 12 13 Members absent: none 14 15 Staff present: Lincoln Daley, Town Planner 16 Mary Ippolito, Recording Secretary 17 18 19 20 Chairman Nardella called the meeting to order at approximately 7:20 pm and introduced 21 the panel to the assembly. Chairman Nardella stated that the following petitions would 22 not be heard this evening as they have requested a continuance until the July 5, 2005 23 Planning Board meeting: 24 1551 Osgood Street, Microwave Engineering 25 2009 Salem Street, PRD and Definitive Subdivision 26 0 Methuen Street, one lot subdivision. 27 Waiver's for time constraints were submitted to the Planning Department and are on file 28 at the Planning Dept. at 400 Osgood Street,North Andover. 29 30 Chairman Nardella advised that the Planning Board will convene into Executive Session 31 for the purpose of discussing the pending litigation by Plisinski v. the Town of North 32 Andover. 33 34 Roll Call: I, John Simons,Vice Chair make a motion that the Planning Board will go 35 into Executive Session in the matter of Plisinski v. Town of North Andover, I, Richard 36 Nardella, Chair make a motion that the Planning Board will go into Executive Session, l 37 James Phinney, Clerk make a motion that the Planning Board will go into Executive 38 Session. Thomas Urbelis, Esquire, was present to attend the Executive Session. Time is 39 approximately 7:20 pm. 40 41 42 Roll Call: Richard Nardella, Chair voted that the Planning Board would convene into 43 open session, John Simons, Vice Chair'and James Phinney, Clerk concurred. Time is 44 approximately 7:40 pm. 45 46 Planning Board Minutes of the Meeting June 21,2005 Page I U t r I Discussions: 2 3 Planning Board Old-Business 10 minutes: 4 5 Chairman Nardella asked if John Simons is participating on the Zoning Task Force 6 regarding the rezoning of Rte. 114. John Simons stated yes, and that the Planning Board 7 should be the Board to spear head the meeting that is to take place this Thursday at 6:00 8 pm. Board stated that the Planning Board should take the leadership in this issue, do 9 discussions with abutters and other people involved, should be under auspices of 10 Planning Board and not the BOS. Schedule a few Planning Board workshops on an off 11 week, come and use this clr when no one is using it, bring some plans with you to the 12 meeting. Lincoln should present a running list of things that need to be cleaned up such 13 as wording in the bylaw etc,, and put on agenda first thing. 14 15 Forestview bond release: 16 Mark Johnson was present and stated original documents need to be recorded at the 17 Registry of Deeds, once documents are recorded then a confirmation is received by the 18 Planning Department, then the bond can be released from the Planning Dept. Upon a 19 motion by James Phinney to vote to release the entire remaining balance in the surety 20 bond account of$250,000.00 plus any accrued interest pending the recording of the 21 document at the Registry of Deeds, 2"d John Simons, vote was unanimous 3-0. 22 23 Ea lewood Properties, Site Plan Special Permit Waiver Request, Construction of a two- 24 Lane bank drive-thru& associated curbing. John Stevenson, VHB was present tonight. 25 He submitted an Oct. 2004 a Plan for Eaglewood a retail shopping mall. Changes are in 26 retail in one area only i.e. Georgetown Savings bank will move into retail #One location. 27 Drive thru business is very important to a bank. Staples has been moved elsewhere now. 28 Created a thru lane and a round about traffic lane to circulate the traffic. Added no 29 parking signs along the fire lane per Fire Chief, fire lane is now 14 feet. Board discussed 30 footprint of building of the bank in question. Impervious surface and buffer needs to be 31 discussed. Board wants to know where the dumpsters went? Dumpsters moved to a 32 different area. Where is loading area for the building? The dimensions of the building 33 have changed, its narrower now. Size of bank is 2800 s.f. now. 34 (Board member Alberto Angles has arrived at approximately 8:00 pm.) 35 Board asked how would the traffic be affected since the bank will contain a teller window 36 and ATM? Wouldn't having a drive thru affect the trip count in and out of the retail 37 center. VHB traffic engineer (Ann) stated she calculated the queue of the traffic for the 38 bank, and she doesn't expect a significant increase in traffic due to the switching of the 39 bank with the other retail stores. Upon a motion made by John Simons, 2nd by James 40 Phinney to waive a Site Plan Review Special Permit for the addition of the bank project, 41 vote was unanimous 4-0. Lincoln stipulated the fire lane should be marked and striped in 42 the ground, a signal showing one-way sign, list out any stipulations and add them to the 43 waiver. 44 45 Planning Board Minutes of the Meeting June 21,2005 Page 2 ci V I Jared Place, Phase IV - Mr. Janusz and Thomas Neve of Neve-Morin Group to discuss 2 closing out financial paperwork for Jared Place. Mr. Neve of Neve Moring group is 3 present tonight. He stated that in 1995 the subdivision project was started. He stated that 4 his client Mr. Janusz wants to deed the open space property to the Town and finish the 5 improvements to the subdivision. Mr. Janusz wants to be placed on Town Meeting in 6 2006 for street acceptance. Mr. Neve asked if the Planning Board would acknowledge 7 the original plan that included a road and plotted plan of 28 lots, although Mr. Janusz 8 only built 19 of the lots. Mr. Neve stated that Mr. Janusz is entitled to deed open space to 9 the Town then he is entitled to use it as a gift to the Town. IRS requires him to file an 10 evaluation of open space as the donor then name the Town as the recipient and the 11 Planning Board would be required to give acknowledgement of the gift to the Town. Mr. 12 Neve stated that the DPW was the one responsible for approving the number of lots on 13 the conventional plan. Board took exception with this statement. Board wants to see the 14 conventional plan tonight. Mr. Neve did not produce the conventional plan, however Mr. 15 Neve stated he would bring back more information to the Board. Mr. Neve will advise 16 when he wants to be placed on the Planning Board agenda for more discussion purposes. 17 18 19 Walgreen's Pharmacy. Atty. Vincent Manzi, Jr., 59 Jackson St., Lawrence, MA was 20 present to represent Walgreen's. He would like to review a conceptual plan for a 21 proposed Walgreen's Pharmacy to be located at the corner of Waverley Road and 22 Turnpike Street. He stated the property is currently under agreement. Bill Goebel, 23 Engineer presented tonight and stated that 10 parcels at 1500 s.f each and approximate 24 total of 14, 800 s.f is the size of the project. Retaining wall is 10 to 15 feet on site. 25 Pharmacy will have a drive-thru located in rear of building just for prescription drop off 26 and pick up. Retaining walls will be built in various places on the lot. Board stated they 27 will push for quality design of this pharmacy, would appreciate consideration of the 28 design, don't want"cookie cutter" Walgreen's, engineer should think out of the box for 29 this project. Is there connectivity to the other retail properties abutting Walgreen's? Put 30 trees and have a green barrier area within the flow of the parking lots, and substantial 31 green area abutting residential property. At tip of triangle of the lot put plantings in that 32 area to gain additional green to avoid a"sea of asphalt". Atty. Manzi hopes to file an 33 application within the month. 34 35 36 Continued Public Hearings: 37 Olde Salem Village, Site Plan Special Permit REMAND, 37 dwelling units. Decision 38 due on 8112105, still awaiting VHB review. No one was present tonight to represent the 39 petitioner. 40 41 42 1025 Osgood, Hearthstone Realty, Site Plan Special Permit & Watershed Special Permit. 43 Proposed 3-story office building, Phase Il. Chris Tumula, Engineer for MHF was 44 present. James Phinney, Clerk read a letter from Hearthstone Realty to the Planning 45 Department basically expressing some concern regarding change of direction (letter for 46 the record). Board stated the issue of the sensitivity of this site as to where the office Planning Board Minutes of the Meeting June 21,2005 Page 3 I building is to be placed right near our drinking water is of major concern to the Board. 2 Lincoln stated that a retaining wall is a perminant structure and requires a variance 3 because the wail would be constructed in the non-disturbance zone. Mr. Tumula stated 4 the wall is 60 feet from wetland. Lincoln to look into the retaining wall variance issue 5 and get back to the Board. VHB provided a review of the traffic study which was done 6 on January 2005. Still awaiting information from Mass Highway. Issues are snow 7 removal and what can be built in 50-foot no-build zone such as retaining wall etc. Water 8 management issue will be provided to Con/Com as well as Planning Board. What 9 additional safe guards can you give the Board to ensure that a back up into the lake will 10 not happen? Set up another meeting w/Lincoln and Mr. Tumula to discuss additional 1 I safeguards. Mr. Tumula submitted an alternative plan tonight, Board asked why they 12 wern't shown an alternative plan before tonight? Eric McCarthy spoke to Mr. Minicucci 13 about doing a single entrance only on Rte 125, Mr. Minicucci didn't respond in the 14 affirmative to the single entrance issue. No one was present in opposition. Mr. Tumula 15 to submit an alternative plan in time for the next Planning Board meeting of 715/2005. 16 17 18 19 1600 Osgood St...,..Ozzy Properties, Site Plan Review Special Permit. Chris Huntress, 20 Engineer was present tonight and reviewed VHB's comments; he sees nothing 21 detrimental with the issue of storm water etc. He met w/Con/Com and assigned two pier 22 review agents. Met with the Fire Department and requested minor modifications such as 23 eliminate several parking spaces along front of building to provide for spaces for 4 fire 24 trucks to pull up. Mr. Huntress wants to meet w/VHB to go over final concerns. No on 25 was present in opposition. A new layout has improved the current drainage system, less 26 flow post development, better treatment by detention basins. No one was present in 27 opposition. A decision would be appropriate by the next Planning Board meeting. 28 29 30 31 249 Marbleridge Road, ANR plan and Watershed Special Permit. Ben Osgood Jr., was 32 present to discuss the ANR plan that was submitted to the Board for approval. Mr. 33 Osgood addressed VHB issues, he's been to the ZBA and received variances, etc. This is 341 an existing lot on Marbleridge Road that contains one house, the house is to be raised and 35 then the lot to be split into two buildable lots per the approval of an ANR plan. Issue of 36 whether the existing house is of historical value. Mr. Osgood stated that the house is not 37 listed on the historical register. However, Historical Society requested that the house be 38 photographed and that the photographs be kept for posterity. Issue arose if somebody 39 stepped up and asked if they could take the house off their hands without any costs 40 involved would this be ok? Mr. Osgood stated yes. Con/Com is in agreement with the 41 plan. Board approved the ANR plan tonight. A decision will be drafted for the 42 Watershed Special Permit. VHB comments have been addressed. Upon a motion made 43 by Alberto Angles, 2"d by John Simons to close the public hearing for a Watershed 44 Special Permit for 249 Marbleridge Road, vote was unanimous 4-0. 45 46 Planning Board Minutes of the Meeting June 21,2005 Page 4 l 2 Public Hearings: 3 Lot 4 Willow Street, Site Plan Review Special Permit, to construct an office building. 4 Carlos Quintal, Engineer was present tonight. This was a petition that was previously 5 heard and the petitioner withdrew without prejudice. Now the Board is hearing the 6 petition tonight per the submitted revised plan of land: Mr. Quintal stated he is 7 requesting waivers for 2 foot topo, location of 12 "trees or larger, Board asked Mr. 8 Quintal to submit the request for waiver's to the Planning Department. Mr. Quintal 9 submitted pictures regarding trees tonight (pictures for the record). Con/Com issued an 10 order of conditions, currently working wNHB on two items. Mr. Quintal stated that he 11 addressed VHB's comments w/Lincoln Daley. This new submittal is proposing to build 12 the office building on the exact same footprint as the plan of land relative to the previous 13 application. Board asked Lincoln to verify the no cut zone regarding trees on the 14 property; check out the amended bylaw that VHB is doing their review from, VHB 15 should be using the current version of the bylaw. Board advised Mr. Quintal to comment 16 back to VHB and have everything ready by July 5, 2005. 17 18 19 20 Public Hearing: 21 125 Campion Road, Watershed Special Permit, stabilization of slope. Richard Kaminski, 22 Engineer was present to represent the petitioner. He stated that 125 Campion Road is 23 property that is part of a subdivision and the developer never submitted for street 24 acceptance from the Town. The petitioners were left to their own devices regarding the 25 roadway. Received Con/Com permit, now wants a Special Permit from the Planning 26 Board so that the drainage repair work can now take place even though it's within the 27 non-disturb zone (photos were submitted for the record). He stated that the velocity of 28 water created the problem, it's like a hose with running water that is flowing down hill. 29 Atty. Lavoie stated he was in receipt of correspondence by Mr. Christensen regarding the 30 detention pond relative to the drainage issue (letter for the record). Mr. Kaminski is in 31 the process of responding to VHB's comments and asked to continue until the July 5, 32 2005 Planning Board meeting. 33 34 35 36 Planning Board Business:_ 37 38 Upon a motion by James Phinney and 2nd by Alberto Angles the Board voted to approve 39 the Minutes of the Meeting for May 17, 2005 and June 7, 2005, vote was unanimous 4-0. 40 41 Upon a motion by John Simons and 2nd by James Phinney to adjourn tonight's meeting, 42 vote was unanimous 4-0, meeting adjourned at approximately 10:45 pm. 43 44 By order of the Planning Board 1-i 46 Planning Board Minutes of the Meeting June 21,2005 Page 5 1 2 Approved 3 4 Mi/MaryJune2 I minutes 5 Planning Board Minutes of the Meeting June 21,2005 Page 6 S