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HomeMy WebLinkAbout2005-10-18 Planning Board Minutes I TOWN OF NORTH ANDOVER PLANNING BOARD 2 Minutes of the Meeting 3 October 18, 2005 4 Tcr'o','Jr�' Hfiall) 5 7:00 PM 6 7 8 9 10 Members present: Richard Nardella, Chairman 11 James Phinney, Clerk 12 Alberto Angles 13 Jack Green 14 Richard Rowen, Alternate 15 16 Members absent: John Simons, Vice Chair 17 18 Staff present: Lincoln Daley, Town Planner 19 Mary Ippolito, Recording Secretary 20 21 Chairman Nardella called the meeting to order at approximately 7:05 pm and 22 introduced the panel to the assembly. Chair explained the procedure to the 23 assembly present and stated that there is one request to withdraw without prejudice 24 and 2 postponements for tonight and they are as follows: 25 26 27 ........... ............ 28 29 0 Methuen Street - Duplex -Definitive Subdivision 30 First meeting date: Jan. 4, 2005 31 Currently in front Con/Com until end of October 32 Withdrew without prejudice from ZBA 33 Submitted continuance until 10/27/05 34 Petitioner submitted a withdrawal without prejudice at 1.0/18/05 Pl. Bd. meeting. 35 As the applicant withdrew without prejudice from the ZBA and requested that they 36 do so with the Planning Department. Jj)m ,i inOoiii G�'ccui, .",""� 9.))/ Al(-r,,-nlo 37 .� p,lcs (o ,d1o\A,) 11'ic pehiflom, vvft� ioukvoh,"- ME"'I j 38ua,�i I H)()I 39 40 Planning Board Minutes of the Meeting October 18,2005 Page I Note: 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 3 5 205 Dale St., Watershed Special Permit-- James & Sandra Timmons 6 First meeting date: 8/16/05 7 Requested waiver from VHB review. 8 ZBA granted variance. 9 1 ("'l 11-ouI� I)IIrV fi,iIIrgy, 1,1 1iIgra II)C iI'll Sy�tdfled Gfli 611uIS I1,p,. 10 ^rAyu� 0�m � ��y 'a.� ��`,�� ,��� � 1[11l0l"",C" luilrhi'q mid l',,Io r, N 2005, 12 13 14 1`o s e ia,,t, 15 16 Lot 20A Bridle Path, Watershed Special Permit, construct single-family 17 residence within non-disturb zone. 18 First meeting date: Petitioner was not heard yet. 19 VHB has not submitted review 20 ZBA granted variance. 21 Have not received VHB review. 22 Io �,rr,. 11�m(� 14:ov( ,ii�[�cll- 11 , 2005 11, [,3(1, N/Itg, 23 24 25 Please note: Richard Rowen has arrived at 7:10 PM 26 27 Bond Release: 28 1939 Great.Pond Road, Watershed Special Permit for Frank Ragonese, $4,000.00+ 29 accrued interest. Planning Department, is in receipt of a letter from the 30 applicant's Engineer stating that the project has been completed in compliance 31 with the approved plans as per submitted as built. [ J y:ml u d: m r rO m l 1)'Y 32 2"6 Aiigdc. ,, bar afl [)ollu] l'oloflc;yr pflus, 33 Vrruef/� i fluhi� i'iNfiuQru.11w . 34 35 36 Discussion: Articles for recommendation by Planning Board for 37 Special Town Meeting of December 5, 2005: 38 39 Zoning Amendment for Wireless services facilities: Planning Board Minutes of the Meeting. October 18,2005 Page 2 Note: 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. Chief Stanley, Police Department was present to speak. He asked that the Town 2 Planner work with the Police and Fire Chief to draft language for this article to be 3 placed on the town warrant and voted on at the Special Town Meeting of 4 December 5, 2005. Lincoln explained the rational behind the Planning Board 5 backing this article for the Special Town Meeting, The Planning Board will put 6 forward this article on behalf of the Police and Fire Department. Board asked that 7 Lincoln modify the document for Section 8.9 and incorporate new modified 8 language. ('[�,,aH 01,11 �Jnc()11'11 as I'lle wl�l 9 oj)(,,'J� efl (],('IAANA"'),kc 1two, 11'(A il'0 vvoa ]<, io Jm.,,k Go flw iin(1 wo�l�, olli, 11 k,,A,6av ff�c P'Iov. I. a,'Aosc 12 13 14 Rezoning from 1-1 to B-1 for Map 108A, Parcel 7, 370 Turnpike St. for Mr. 15 Fiore. Lincoln stated that he met w/Mr. Digrazia and Mr. Fiore. Mr. Digrazia, 16 property owner, has a master plan for his property and would like to keep his 17 property zoned for Industrial for the time being. Little Professionals, childcare 18 facility, wants to rezone to B-1. Mr. Minicu'cci, property owner, would like 19 rezoning to B-1 eventually. It was stated that B-1 is an attractive zone, as it would 20 prohibit any petroleum or gasoline stations from being allowed in the B-1 zone. 21 ai�,Ilcl(,", wmi&j 1111f,, jvoj)� [[1'(, S k) 22 �)h,lc, to to 13- � , w/()�'(Is S�')()t Oic, Nmr�A 23 1 ,, 2005 lloal`(] 24 25 26 Planning Board "Old Business": 27 28 CVS Pharmacy stonewall. Planning Department submitted a letter to Mr. Rogers 29 of the Tribune, to CVS Pharmacy and to Attorney Vin Manzi stating the wall needs 30 tobefixed. There is $10K in bond money left in the bond account. Hoaal c I 31 n, I r( (i, Nd 1a�y baa �v�(A ()a,14 �1 a'clj,?yI,,,Aelv] �(,Ak-n to (N1` I 32 �xafl� [)(1,,, 0'ix(,,,,(I -vv�fl'l as (1"t l' foo k) I)Y: VV(- \Vill S(-,iZ(", 11-K,11' I)Ml(fl 33 aui( g(�,,J flip.; away 34 35 Old Business: 36 37 Roadway located behind High School. Chairman Nardella stated that he 38 received response from Superintendent's office. Chairman Nardella stated that 39 there isn't a plan for this "emergency fence" to be opened. Who will hold the key? Planning Board Minutes of the Meeting October 18,2005 Page 3 Note: 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 Chair wants to ensure that the road is to be used for special events. The Planning 2 Board conditioned their approval that this roadway is to be used for emergencies or 3 special occasions. This road has not been used as of yet. Chair stated that he 4 wants to ensure that a plan is in place now. In case of an emergency what 5 happens, does Police break the lock to get people out? Tom Ippolito, 338 6 Abbott Street was present and stated that he found that the roadway is currently 7 being used by persons who are setting up chairs to view the sporting events. There 8 is a sign located at the entrance of the roadway signed by school and Board of 9 Health stating no one should be on this field after 6 PM at night. 10 kifw(fl�) to or� ollfi'i �( �,',('A's (1, to scwl a k) 0 f 11 olfic',� asll�Jnlg 4'111cma(,k�v',)y \'VIU be for vohk-Ig 12 13 14 15 Continued Public Hearings: 16 17 Molly Towne Road, Modification Site Plan Special Permit PRD, Charlie 18 Carroll. I'Vi.....�, ri,N c t (J c: I c)1)e r 18, 2 0 05 Awaiting VHB review 19 Chris Huntress was present tonight. Mr. Huntress stated that he used a slightly 20 different house style. He's working to adapt a different size house and keep in 21 scale for the intent of a PRD. He's working w/Gerry Bruno, Architect and stated 22 that the dimensions of 4,000 to 4,500 s.f are to be the size of the houses now. Lot 23 6 7 8 have garages under on left hand side of house. Elevation is a 5 foot step 24 clime to top of hill. Chris compared new houses to Peachtree PRD houses. Chris 25 stated that the previous houses were submitted with 74' feet in length now he's 26 working with 62'feet in length by putting garages underneath. Reduction in 27 overall footprint of all houses from what was originally approved by 10%. 28 Impervious area of driveways have become bigger. Drainage now is fairly 29 insignificant with the slightly larger houses. Board asked for overlay of houses of 30 new plan to old plan. Cuts irt retaining wall will have to happen. Steve Stapinski, 31 Engineer will present to the board tonight. Abbey Lane coming in from Summer 32 St. had a cut 3 to 4 feet lower than existing grade. He stated that on Lots 1, 2, 3, 4, 33 5 he had to cut in the back yard and make a cut between tree line and street and 34 houses. The houses are now set into slope and eliminated the cut on the lots and 35 added fill in the front. Houses have sweeping front yards leading up to them. Lots 36 7, 8 had 3' feet of fill because of the site grading. He's currently waiting for VH13 37 review. Architect is working to make foot print even smaller on the final plan, 38 The Planning Department does not have the final set of plans or architecture yet. 39 Board stated to make sure VHB reviews the final plan. h4)(;o catl V I I l� Planning Board Minutes of the Meeting October 18,2005 Page 4 Note: The Planning Board reserves the right to take iterns out of order and to discuss and/or vote on items that are not listed on the agenda. I) r \v ""),I I iiI�I I I to VI II o I I I CI N/ 2 Chris submitted an overlay now showing original and tonight's proposed houses. 3 Steve Stapinski stated that this was in front of Con/Com regarding a replication 4 area and will be shown on the final plans approved. He's asking that the Board 5 give their approval of the architecture of the houses and the plan tonight as the 6 proposed houses have been shortened. Tonight's proposed houses are on half- 7 acre lots verses Peachtree houses that are on 25,,000 S.f. lots. 13oar(l st"Ife(I I 8 11 I i,,b i s, ()i e r 1) 1 11ri� r C(1, 1 u,ru 111 t f[I I 111 '1 g, ho o V 9 SII ,i 10 Please note: James Phinney is now present 8:15 pm. 11 12 Continued Public Hearing: 13 14 Turnpike St. & Waverly Rd, Walgreen's Pharmacy & additional building. 15 Site Plan Review Special Permit 4, 2005. Bohler 5 16 Engineering submitted revised plans on 10/13/05. Attorney Vin Manzi was present 17 and stated that he has made significant progress. He has received a "clean letter" 18 regarding traffic and has no outstanding issues on traffic. Atty. Manzi stated that 19 he received a review from Con/Com consultant Lisa Eggleston and that he is 20 working this issue w/Con/Com to meet their concerns. This site has significant 21 grading because Walgreen's is proposed to be situated at the bottom of the hill. 22 Lincoln stated that he would set tip a meeting with Bobler, M1HF and Lisa 23 Eggleston so that there are not three different viewpoints on the reviews for this 24 project. Mr. Goebel, Boller Engineering was present tonight. He stated that he 25 has increased plantings to 72 from 40 to be situated at tip of triangle on 114. 26 Added 20 more plantings along wall located at the back. Regrade curbing on 114 27 side of Walgreen's along where 114 brakes into two lanes wide. Widen and 28 extended the road at right turn on Waverley. Board asked that Mr. Goebel respond 29 to the issue that Ms. Ferris, abutter, brought tip at the last meeting, 30 Mr. Goebel stated "look at 114 and see single lane.... now... it begins to taper 31 back and basically a dash line represents a double lane". Chair asked if they 32 should think of making the one lane into two lanes now because there is restaurant, 33 flower place and retail place. Mr. Goebel stated that MUD is not ready to tackle 34 this issue now. Jack Green stated that he wanted the plantings pulled back 20 feet 35 in case more roadway is taken by NM, Chair wants wording put in decision for 36 bringing applicants back in at a later date in the event that they lost a piece of the 37 turn in or turn out to the project. Mr. Goebel stated that he received a letter from 38 Lisa Eggleston. He stated she brought up similar comments as MIIF did on their 39 first review. However, Lisa's review had no major or radically different designs Planning Board Minutes of the Meeting October 18,2005 Page 5 Note: 'rhe 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 for storm,water management, he had a conference call w/them and will make some 2 revisions from MHF review. Chair stated he wants to pull landscaping back from 3 snow removal area. Landlord will have to remove the snow piles if the snow 4 removal area can't handle all of the parking. Proposed snow storage area is located 5 on the plan of land. Sidewalks should be swept twice a year per Con/Com. 6 Applicant wants to start construction in the Spring. Mr. Goebel stated that he 7 added to the plan a set of steps and added sidewalk for pedestrian access; it's at top 8 of plan on 1.14. Applicant stated that if he gets a tenant and the tenant requires a 9 drive thru, it's going to be "ok by right", even though it's not on the final plan of 10 land. Chair stated put in decision that a restaurant will not be allowed on this site. 11 If applicant wants to put in a restaurant then he would have to come back in and 12 ask for a modification for site plan review. Mr. Michael Cassavoy, Architect was 13 present and stated that an issue was brought up at the last meeting that a proposed 14 facade wall should have more than only 2 windows on the wall. Board wanted 15 more windows added to the wall, and Mr. Cassavoy showed the wall with 2 more 16 windows added tonight. However, he doesn't want to add more than 2 more 17 windows, they may take this wall and use it for something else that doesn't require 18 windows. Board doesn't want blank wall used for advertising displays. Chair 19 stated put in decision, no advertising in windows, Mr. Rivera abutter, was present 20 he doesn't see anything wrong with this project and he's in favor of the project and 21 wants the Board to approve this tonight. Chair stated that at one time Mr. Rivera 22 submitted an article to rezone his property in this zoning district, it didn't work out 23 for him,, now this is going to work out for him if he sells his property to 24 Walgreen's. Mr. Rivera stated that he did everything he could to get this project 25 approved. U�,)oti uiohovi 1,)Y 1Zm)vciii, 2"" 26 11Kcclhlq, Vor flu'""'; \A/,T`,; `5-0 g 271'mvi�-� ('kaff a al('] V(""VieW [),Nl/ 111,J) 28 ° Itis, 1,,ifest SO I'l-) oll'ic"C' (,,)afly �11()'ve k"I(J': 29 5 li,,el 30 31 32 Impromptu discussion: 33 Board asked Attorney Manzi if he would settle a matter of the wall repair at CVS 34 Pharmacy. Atty. Manzi stated that he checked w/engineers who permit for CVS 35 and it has changed ownership. Board stated that they have seen more rocks on the 36 sidewalk and that they are more concerned now because of the Eaglewood retail 37 mall proposing to open tip very soon and people will be using the area now. A Hy 38 1h,,0 I)c o)oi.iIld UoO':" Mto N ""'C11(l (N n:11 (6Uovv J-) �Otcc 39 Planning Board Minutes of the Meeting October 18,2005 Page 6 Note: 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. F. 1 2 3 Decision(s) approved: 4 5 1025 Osgood Street, Site Plan Review Special Permit. Phase 2, for proposed 6 office building. 7 8 Board discussed both decisions, Watershed Special Permit and Site Plan Special 9 Permit. Board request VHB submit la letter to Board stating best practices etc. 10 Included letter 1015 for Board to review. VHB satisfied with project. See both 11 reviews. 12 Chris Tamula, MHF presented tonight. He incorporated all of VHB review 13 comments into tonight's plan. The following are edits to be made relative to 14 decision: Catch basins...use VHB terminology. Put under separate condition the 15 catch basin info. 2. add erosion control apron as a measure of protection 6-inch 16 stone rip wrap 10 feet long. 3. added check dams along swale. 4. Sheer valve 17 gate... Added to emergency response procedure. All other VHB comments 18 addressed. Detailed in gate valve. BMP practices letter submitted by Chris on Sept. I9 29"' 20 21 Chair stated that Mr. Simons is not with us tonight, however, Mr. Rowen as 22 alternate having heard sufficient number of meetings will be voting this application D this evening. Applicant stated he agreed. Jack Green will abstain from this vote. 24 25 More edits by the Board: incorporate memo from Lincoln dated today. Look at 26 page 4 of 9, item number 3 this says within 90 days of filing with town clerk, etc. 27 null and void, only give them 90 days to complete the plan. 28 29 Chris Tamula stated that he has issue with Mass Highway, he doesn't have their 30 approval yet. Chris will submit his plans by end of week. More edits by the 31 Board: Lincoln look at prior to certificate of occupancy, put in emergency 32 responses plan be posted in obvious place in buildings and file plan with police and 33 fire dept and file with the planning dept. Board will enforce the stockpiling of dirt, 34 etc. IOK site opening bond; roll this over into site bond. Lincoln, 5K bond add 35 language pertaining to if property gets sold won't take a check...set up a new 36 account, we do not want this money going into general fund, this is bond to be held 37 in perpetuity to take care of issues that need to be fixed on premises. Check 38 wlRoberta, Treasurer's office see how we can set up a separate bond account. 9. 39 No restaurant other than proposed cafe will be allowed on the site of special Planning Board Minutes of the Meeting October 18,2005 Page 7 Note: 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 permit. IJI)ol� a JlIoh I on 2 3 4 5 More edits by the Board: Watershed Special Permit ...change the wording in the 6 form of a check...take that out..3K bond money. See page 5 letter B....weekly 7 inspections being done....put in review on a monthly report. C. deed restrictions 8 are already on decision. Lincoln put this in decision...Prior to release of 9 performance bond see a recorded copy of registered deed it must be submitted to 10 Town Planner. Lincoln reference condition 5 put somewhere in decision. Lincoln 11 put in decision Watershed Special may only be used in conjunction with Site Plan 12 Special Permit. Put this in other decision also. These two special permit supercede 13 SP in 5a and 5b. Lincoln put this in.... Commencement of activities under SP will 14 render SP dated ....invalid put in both places. 15 2"" [)),, R) clW,,.,ItCrsIIe(] 'Ill'J)a11'4,,u nI voi(', \�"V;is 16 d-0, hxl�,,,, ('Welei) 17 18 19 Approve the "Minutes" of the Meeting for October 4, 2005 Ind 20 Upoui a.i I y Ja(,�I G' (I'I'cl'l, " d, , N,�Ies YV j 21 J\A(,';d I'()][- ()('AN,)CI' 4, 2005, �()ho'�. al')�)Ioval Vok""', wa,� 5-0, 22 23 24 Old Business: 25 Lincoln addressed the Board regarding the possibility of utilizing a number of 26 other outside consultants to review the applicant's projects. Lincoln gathered a 27 preliminary list of consultants. He polled other Town's and found that some 28 Town's have a few consultants that they use and they split up the work. Board 29 stated using 2 or 3 is ok fi-om a performance point of view, and getting job done. 30 Give small project to other consultant see how they do with it. ]Iii.. sktQc(.J 31 32 33 Old Business: 34 Chair stated that he wants to clean up things in bylaw such as open space issue. 35 Redefine what open space is. We currently include drainage structure in open 36 space. (kll,I lo �,dv('11 US SOMC laq1'j�,"Igcl 37 a pioj)(,� V(w op (,�'I 0 Io Rmf�-d f6l, 38 39 Planning Board Minutes of the Meeting October 18,2005 Page 8 Note: 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. 2 Old Business: Lincoln stated that lie has been having meetings relative to 40R and Town 4 Manager is having a meeting to express his concerns of support for 40R. Lincoln 5 submitted a schedule of meetings for 40R. Town Manager wants to wrap this up 6 by next week. ko fw' 401,�, 7 CwbH< H,,')buowsdd, �19, 2005 mcm 8 9 Upon a motion by Jack Green, 2 d by Richard Rowen, to close the meeting, motion 10 approved, vote was unanimous 5-0. Meeting adjourned at approximately 10:15 11 pm. 12 13 Upcoming Planning Board Meeting: 14 Nov. 1, N ov. 15, 15 16 Nov. 29, 2005 Planning Iloard Special Meeting to recotwiinend zong articles 17 ftnA'#niin Warrantsijbinittal. 18 19 20 21 By order of the Planning Board 22 23 24 25 Approved 26 27 28 29 30 Planning Board Minutes of the Meeting October 18,2005 Page 9 Note: 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.