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HomeMy WebLinkAbout2005-07-19 Planning Board Minutes I Town of North Andover Planning Boarditlul'�7'-� 2 Minutes of the Meeting 3 July 19, 2005 4 120 Main Street, 2nd floor conference room r' t 5 7:00 PM 6 7 8 9 Members present: Richard Nardella, Chairman 10 John Simons, Vice Chairman 11 James Phinney, Clerk 12 Alberto Angles 13 Richard Rowen, Alternate 14— 15 Members absent: none 16 17 Staff present: Lincoln Daley, Town Planner 18 Mary Ippolito, Recording Secretary 19 20 21 Chairman Nardella called the meeting to order at approximately 7:10 pm and introduced 22 the panel to the assembly. The Board welcomed back Richard Rowen. Richard has 23 approximately 10 years previous experience se>ving on the Planning Board and will now 24 serve as an alternate member. 25 26 Chairman Nardella stated that there were 3 requests submitted for postponements. 2009 27 Salem Street, 8- lot subdivision; 1025 Osgood Street, office building; 0 Methuen Street 28 one lot subdivision. The requests for continuances are on file at the Planning Department 29 at 400 Osgood Street,North Andover. 30 31 The Board took issue with the 0 Methuen Ave. continuance. Because this petition has 32 been on the agenda for quite some time it should be re-advertised in time for the August 33 meeting. Upon a motion by John Simons, 2nd by Alberto Angles to accept a continuance 34 for August 2, 2005, vote was unanimous. The Board wants the petitioner to re-advertise 35 for the August meeting and to resubmit another continuance to cover the time constraints 36 for the time period of 8131105. 37 38 39 40 41 Discussions: 42 Planning Board"old-business" 10 minutes 43 44 Board stated they want all old items kept on the agenda until they have been discussed 45 and completed. Planning Board Minutes of the Meeting July 19,2005 Page I The Planning 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 1 2 1. Pleasant St. property (foundation for a dwelling) is located near Stevens Pond. 3 Lincoln stated that the proposed dwelling is not located in the watershed, 4 therefore, doesn't require a Watershed Special Permit. 5 6 7 2. CVS Pharmacy, Rte 114. Lincoln stated that the area now looks pretty well 8 maintained. Rocks along a retaining wall are no longer piled up and falling down. 9 The retaining wall looks pretty well maintained. Board stated that Lincoln should 10 send a letter to CVS and reserve the right to come back in and request further 11 maintenance on the wall. 12 13 (Please note: James Phinney is now present at approximately 7:20 pm) 14 15 3. Business Park located at airport. Decision has expired in June of 2005. Heidi 16 Griffin was working w/the petitioner, we will touch base w/Heidi to get any 17 relevant feedback on the project. Board stated for Lincoln to send a letter to the 18 applicant stating that the Special Permit has now expired. 19 20 4. Campion Hall Road acceptance, why has the road not been accepted. Town 21 should be proactive about getting roads accepted. Board stated that Lincoln 2.2 should check w/DPW to find out what they need from us to get the roads 23 accepted. Find out how many other roads in town have not been accepted, 2.4 awaiting information from the DPW to provide a list of all the unaccepted roads. 25 26 5. Board discussed 40R. It's an overlay district that allows more flexibility than 27 40B. Incentives are involved for creating housing units. It's a way to provide a 28 mixed use for affordable housing. Board stated for Lincoln to get someone from 29 the Merrimack Valley Planning Commission to give a talk on 40R at a Planning 30 Board meeting. Ben Osgood advised that Atty. Howard Speicher wrote some of 31 the language for the 40R. 32 33 34 35 Continued Public Hearings: 36 37 Olde Salem Village Site Plan Special Permit REMAND, 37 Dwelling Units, 1" 38 public meeting date on 11116104, REMAND decision due 8112/05, ZBA granted variance 39 on 7/12105. Continued until 7/19/05. Ben Osgood Sr. was present and talked about the 40 approval by the ZBA for a setback variance. Peter Ogren, Hayes Engineering was 41 present tonight. Handed out a letter dated July 19, 2005 letter from Hayes Engineering 42 (letter for the record). He stated that there were added action items that needed to be 43 done, etc. See Section 118 change to 158 regarding"State"pipe discharge. Various other 44 issues such as: Acceptable sewer arrangement, pump station on his property and pump to Planning Board Minutes of the Meeting July 19,2005 Page 2 The Planning 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 I gravity sewer on Rte. 114. Pumping station and a forced main was discussed w/Peter 2 and the Board. Get gravity sewer done ASAP. He moved stonewall back away from 3 wetland line to the left side of the plan. Added more walls around the perimeter of the 4 site. VHB does not have very much else to do on this project. Peter to deliver more sets 5 of the final plan ASAP. Board wants Lincoln to check w/Atty. Speicher and get him to 6 agree to move the date until August 16"'to bring in a decision. Add in the decision that 7 pumping station is owned by the condo assoc, any kind of fence or screening should be 8 shown on the new plan of land, open space requirement is met it's 8 10th of an acre. Bee 9 Fink, 1250 Turnpike St. was present and stated that she's in support of the plan and may 10 possibly purchase one of the units. There is no other access and egress off the site 11 because the subdivision is a cul de sac on Rte 114, and site is next to a paper street called 12 Town Road. Mrs. Fink suggested that it's better for the Town if a portion of Town Rd. 13 were connected to Farnum St. not far from property and paving would supply an alternate 14 egress instead of coming out onto Rte 114. Ben Osgood stated he has problems w/this 15 suggestion. Ben Farnum owns all of this property and he doesn't want the abandoned 16 street upgraded. He's not in favor of Mrs. Fink's suggestion. Board suggested possibly 17 putting a right of way connecting a road onto Old Salem Village subdivision. Board did 18 not agree w/Mrs. Fink's discussion or argument. 19 20 21 Continued Public Hearings: 22 23 125 Campion Road Watershed Special Permit, Stabilization of slope, 2d lst meeting date 6121105, submitted waiver until 812105, VHB's review on 7118105. 25 Richard Kaminski, Engineer, was present to represent the petitioner. Original 26 subdivision was done in the 80's the original lot created a large crevice of water drainage. 27 He wants to fix the drainage problem. VHB submitted a review today and stated all of the 28 comments have been addressed. Richard Stoddard was the original owner of the property 29 and has now sold it to someone else. Con/Com originally issues a certificate of 30 compliance back in the 80's and another one recently. Drainage easement should be 31 granted in order to repair this project. Owner should be the one to grant the easement and 32 get an engineer to put it in writing; this is purely an engineering issue. Board instructed 33 Lincoln to draft a decision and include that EASEMENT WILL BE GRANTED and put 34 this in the decision. Upon a motion by Alberto Angles, and 2nd by James Phinney to 35 close the public hearing on 125 Campion Road and draft a decision for same. Vote was 36 unanimous 4-0. 37 38 Issue of whether VHB is working off of the most current bylaw book. Board stated that 39 VHB should work to the most current bylaw or else stop them from doing a review. 40 Planning Department verified that a current copy of the bylaw book was mailed to Tim 41 McIntosh of VHB. 42 43 44 Continued Public Hearings: Planning Board Minutes of the Meeting July 0,2005 Page 3 The Planning 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 i 1 2 3 1551 Osgood Street Site Plan Review, Special Permit, proposed warehouse, 4 1st public meeting date 311105. New plans submitted on 6129105. VHB review 7/15105. 5 Bob Bartlett, Manager at Microwave Engineering was present tonight. He sent revised 6 drawings to VHB, received minor comments back from VHB and he responded yesterday 7 to VHB. Mr. Bartlett talked w/Tim McIntosh and Tim didn't have the staff available to 8 get comments done by tonight. He asked if the Board would close the public hearing 9 tonight and draft a decision contingent upon such minor issues as dumpster, chain link 10 fence, screening, etc., calculations of drainage. Mr. Bartlett would hate to lose more time 11 on this project. Board stated that the dumpster issue discussed was not a problem. His 12 Engineer should address drainage issues. Board instructed Lincoln to draft a decision by 13 the next meeting; the Board will keep the public hearing open until the next meeting. 14 Board instructed Mr. Bartlett's engineer to address all issues and get all issues completed 15 and then a decision will be read by the next Planning Board meeting. 16 17 18 Drafted decisions: 19 1600 Osgood Street Ozzy Properties— Site Plan Special Permit, Construction 20 of a 410 +/- space parking lot,Is'public meeting date: 6/7/05. Received VHB's review 21 6/16/05. Closed public hearing on 7/5105. Draft decision due by 7/19/05. The Board 22 discussed the decision. Hours of operations should be reviewed as the contractors 23 will work on Sundays, as this is a time sensitive project. Upon a motion by Alberto 24 Angles, 2nd by John Simons to approve the decision w/minor modifications as amended 25 this evening, Vote was unanimous 4-0. 26 27 Drafted decision: 28 Lot 4 Willow Street Site Plan Review Special Permit. Proposed 3-story office 29 building. Is'public meeting date 6/21/05. VHB stated all responses have been addressed. 30 Board members to do site visit. Decision due 9/16105. Closed public hearing 7/5/05. 31 Prepare decision for 7/19105 meeting. The Board discussed the draft decision. Upon a 32 motion by John Simons, 2"d by James Phinney to approve the decision as amended this 33 evening, Vote was unanimous 4-0. 34 35 36 37 Drafted decision: 38 Olde Salem Village Definitive Subdivision. Law suit filed 1/28/05. Public 39 hearing closed 5117105. VHB review 6/10/05. Postpone taking a vote until 7/19/05 40 meeting. Board discussed the draft decision. Instructed Lincoln to incorporate mitigation 41 language within the decision. Upon a motion by Alberto Angles, 2nd by John Simons to 42 approve the decision as amended, Vote was unanimous 4-0. 43 44 Planning Board Minutes of the Meeting July 19,2005 Page 4 The Planning 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 1 2 Drafted decision: 3 249 Marbleridge Road Watershed Special Permit. Proposed construction of two 4 homes within the watershed. 1"meeting date 513105. Closed public hearing on 6/21/05. 5 Draft decision 7/19/05. Waive time constraints until 7/31/05. John Simons stated that a 6 family history was put together and sent to the Planning Board by Anne Bellew who was 7 interested in advising the Board of her families' long time attachment to the property of 8 249 Marbleridge Road. It was duly noted that although it's an interesting story, however, 9 Ms. Bellew's should have placed a conservation restriction before selling the property. 10 There's nothing else that can be done about this now. Board would like to make Ms. 11 Bellew's notes available to a reporter and put another story in the newspaper in case 12 someone wants to do something. Historical Society should be the one to do the work to 13 find someone to take the house. National Historical Society should publicize it, cc 14 Charlie Salisbury this information. Call Kathy Sisco about this. Upon a motion by 15 Alberto Angles, 2nd by James Phinney to approve a Watershed Special Permit as 16 amended this evening, Vote was unanimous 4-0. 17 18 No new "Public Hearings" tonight. 19 20 21 Upon a motion by James Phinney, and 2 a by Alberto Angles to approve the"Minutes" . 22 of June 21 and July 5, 2005. Vote was unanimous 4-0, "Minutes" approved. 23 24 Initiatives to come out of meeting: 25 Letter to CVS regarding maintenance issues. 26 27 Letter to Business Park at airport regarding time lines. 28 29 List of unaccepted roads in Town. 30 31 Speaker to address 40R. 32 33 Need another permanent member on the Board before going ahead 34 with the committee meetings relative to the rezoning of 114. 35 36 Upon a motion by John Simons, 2nd by James Phinney to adjourn tonight's meeting,vote 37 was unanimous 5-0. Meeting adjourned at approximately 9:00 pm. 38 39 40 41 By order of the Planning Board 42 43 44 Planning Board Minutes of the Meeting July 19,2005 Page 5 The Planning 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 1 Approved 2 3 mi/Julyl9Minutes Planning Board Minutes of the Meeting Jelly 19,2005 Page 6 The Planning 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