HomeMy WebLinkAbout2006-01-17 Planning Board Minutes MINUTES OF THE MEETING
North Andover Planning Board
a January 17,2006
4 120 Main Street,2nd Floor
5 Main Conference Room
6 7:00 PM
7
8 Members present: Richard Nardella, Chairman
9 John Simons,Vice Chairman
10 Alberto Angles
11 Jack Green
12 Richard Rowen, Alternate
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14 Staff present: Lincoln Daley, Town Planner
15 Mary Ippolito, Recording Secretary
16
17 Chairman Nardella called the meeting to order at approximately 7:05 pm and introduced the
18 panel to the assembly. Chair explained the procedure to the assembly and stated that he would
19 open the meeting to discuss Informal Discussions. Please note Board is still awaiting the arrival
20 of Mr. Simons and Mr. Rowen.
21
22 POSTPONEMENTS:
23 NONE
} 24
25 Please note: Per request by Chairman Nardella for the December 6'h 2005 Minutes to be sent to
�6 his attention for his approval.
27
28 INFORMAL DISCUSSIONS:
29 1) Bond Release-- 1679 Osgood Street—Store U Self
30 Mr. Kelly, owner was present and requested final release the $5,000 bond required under the
31 Site Plan Special Permit. Mr. Daley stated that there are no outstanding issues and DPW
32 responded by e-mail that they didn't have any outstanding issues. Mr. Kelly stated that 1701
h
33 is the address number assigned to thi.s property. However, at the time of submittal of the
34 application, 1679 Osgood Street was the addressed used. In case of fire there should be an
35 appropriate address registered with the fire alarm system. Address on the as built is 1679
36 Osgood Street which was approved in 2002. Motion by Alberto Angles to release the bond
37 money for 1679 Osgood Street in the amount of$5,000.00 plus accrued interest. Motion
38 seconded by Jack Green. Vote was unanimous 5-0.
39
40 Note: John Simons and Richard Rowen are now present and have joined the meeting.
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42 . 2) Bond Release—(PUT IN NUMBER OF STREET) Johnston Street,Lot 3 for a Single-
43 Family Residence.
44 Mr. Murphy was present to request the release of$1,000 required under the Watershed
45 Special Permit for the completion of a single-family residence. Mr. Daley stated that there
46 are no outstanding issues remaining per the DPW. Chairman Nardella requested that the
- - 47 Planning Department get a detailed chart from the DPW showing the remaining balance.
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January 17,2006
Page 1
1 Motion by Alberto Angles to release all bond money plus accrued interest for Johnson St.,
2 Lot 3 to Mr. Murphy. Motioned seconded by Richard Rowen. Vote was unanimous 5-0.
3
4 3) Bond Release—Northeast Storage Corp. at airport- $15K bond.
5 Attorney Scalise was presented on behalf of the petitioner Mike Florence. Chairman
6 Nardella stated that trucks within the site are hitting the trees that are planted on the inside of
7 the existing fence. Attorney Scalise stated that the trees and landscaping were completed in
8 compliance with the Planning Board approved site plan. Attorney Scalise further stated that
9 the previous Town Planner, Justin Woods issued letter stating everything is in appropriate
10 height and compliance with the approved plan. Attorney Scalise submitted pictures of the site
11 showing the existing and added landscaping completed by the owner.
12
13 The Planning Board commented that there is no screening provided by these trees along
14 Sutton St. The Planning Board requested that the trees, which are dead or dying, be
15 replanted and to make sure trees are planted to provide necessary cover from Sutton Street.
16 Attorney Scalise agreed to check to see if the trees are actually dead or not. Board stated
17 they want the trees replanted up against the fence. Mr. Florence was present and asked for a
18 complete release and that he will replace all of the dead trees.
19
20 Motion by Jack Green to release the complete bond of 15K plus accrued interest and 2°d by
21 Richard Rowen. Vote 4-1 in favor. John Simons abstained.
22
23 4) Revision/Modification to Section 4.122 Resident, 4 District(114)
24 Gina Armano was present for the discussion. This is a continuation from December Special
25 Town Meeting to examine the issue of duplexes in the R-4 District. Ms. Arman seeks
26 Planning Board support to further revise/modify Residential 4 District. Ms. Armano stated
27 that within the R-4 zoning district it allows for condexes, duplexes, condos, town houses and
28 affordable housing 55+. What has now become a rare commodity is the traditional single-
29 family home. Affordable single-family homes have gone by the way side. She asked the
30 Planning Board to stop this from happening and suggested that changes to Bylaw be
31 completed. Ms. Armano distributed pictures to the Board highlighting properties located in
32 the Library area. She spoke of other homes in other neighborhoods that are now subject to
33 these kinds of tear down projects. Most notably the recent Pembroke Street duplex proposal.
34 The Planning Board suggested that Ms. Armano begin by constructing a list of what she is
35 trying to accomplish, but warned not to start rewording the bylaw now.
36
37 Peg Manning, abutter, was present and spoke regarding multi-family development allowed in
38 R-4. She stated that the problem is with the Town's Master Plan and it's language regarding
39 zoning. Ms. Manning stated that in the January 16th edition of the Boston Globe there were
40 45 properties listed and only 7 were single-family homes under$500,000. These properties
41 will disappear forever unless the Zoning is changed. She continued by stating that the
42 housing inventory of affordable single-family small moderate homes will disappear unless
43 this is addressed. The Planning Board stated an example that exists in the Town of two
44 districts that deal with the issue of trying to put single-family housing on 5,000 SI lots such
45 as Meadowood. These lots are approximately 5,000— 10,000 s.f. and the value of land is so
46 high that the houses are in excess of$400,000. The Planning Board suggested that she to go
47 to the ZBA for further explanation of zoning issues in Town. The Planning Board stated that
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January 17,2006
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1 there are many examples where zoning would not prohibit certain uses, such as.40B projects.
2 The Planning Board stated that it would prefer not to create spot zoning or legal issues.
3
4 5) Modification to remove drive-thru at Walgreen's
5 Attorney Manzi presented on behalf of the developer, Attorney Manzi is seeking approval of
6 a modification to the approved site plan special permit to allow the removal of the drive-thru
7 lane located on the retail building. Due to the type and extent of the modification, he asked
8 the Planning Board if the approval of modification be handled by the Planning Department to
9 avoid the public hearing process. This change will allow for more green space, improved
10 grading, and less impervious service.
11
12 A revised site plan was presented by Bowler Engineering. The Engineer for the developer
13 stated that the basic design didn't change. The drainage however, will be slightly modified
14 per the discussions with the Town's engineer and Conservation Commission's decision for
15 the site. After reviewing the revised plans,the Planning Board made the several
16 recommendations. The right-in right-out access area off of Rte. 114/Turnpike Street should
17 be softened and one of the parking spaces should be removes. Further, the protruding section
18 of curb near this access/egress area should also be removed to as a preventative safety
19 measure. A black steel fence was to be erected around the detention basin.
20
21 The Mr. Rowen made a motion to approve the modification as amended tonight on the site
22 plan land dated 1/10/06 to remove a drive thru and that the modification would not require an
23 additional public hearing, Developer will submit revised plans to the Planning Department
t 24 incorporating the Board's requests. Motion 2nd by John Simons. Vote was unanimous 5-6.
25
26 5A) Old Salem Village extension of 45 days
27 Ben Osgood Sr. was present and stated that the Old Salem Village decision required a
28 submittal of plans within 90 days of decision. The deadline for submission is January 17{1'
29 and he requested a 45-day extension of time to submit the plan of land. Mr. Osgood would
30 prefer to incorporate the Conservation Commission's comments and the Planning
31 Department's decision on one #-final set of plans. Mr. Osgood then briefly reviewed the
32 changes made to the plans. Motion made by Richard Rowen to grant a 45-day extension and
g 33 2nd by Alberto Angles, in favor of extension for Mr. Osgood to submit plans for Old Salem .
34 Village. Vote was unanimous 5-0. Chairman Nardella signed the request for an extension.
35
36 5B) 1-7 Units at Ellis Court
37 Attorney Shaheen was present tonight to request a discussion of a site plan review for 1-7
38 Ellis Court. The proposal is located behind 54 Main Street within the R-4 zoning district.
39 Attorney Shaheen asked the ZBA for a Special Permit and Variance to raze the existing 7-
40 unit apartment building and construct a 7-unit condominium structure. The footprint of the
41 proposed structure is less than the existing building and does not increase the density.
42 Attorney Shaheen explained that the neighbors are in favor of this project.
43
44 Attorney Shaheen stated that the proposal will have the same impact as the existing building
45 and requested a waiver of site plan review. The Planning Board requested that the project be
46 legally noticed and then come before them. The Planning Board will determine if a waiver
47 would be granted at that time.
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January 17,2006
Page 3
I PLANNING BOARD "BUSINESS":
2 6) Scheduling workshops for rezoning of Rte. 114
3 Board agreed to schedule a meeting for January 315E for the purpose of discussing Rte, 114
4 rezoning. Board will conduct a site walk on January 28E"meet at Dunkin Donuts for a cup of
5 coffee and walk down both sides of Rte 114 & 8:30 am. Board directed Ms. Ippolito to send
6 out e-mail to the Board to remind them of the site walk.
7
8 7) 40R Overlay District and Planned Commercial District Language
9 Mr. Daley advised that he is looking for the comments from the Planning Board. The
10 Planning Board agreed to submit their comments within the next week to Mr. Daley. The
11 Planning Board provided a few general comments regarding the 1600 Osgood Street
12 Redevelopment project. The Planning Board will send comments to Mr`. Daley.
13
14 7A) Open Space - Issue was not discussed this evening.
15
16 PUBLIC HEARINGS:
17 8) Rezoning of Rte 114
18 Note: Abutters notified by legal notice process. Chairman Nardella opened the public
19 hearing(time is 8:25 pm). Chairman Nardela explained that the moving of the commercial
20 zone needs to be discussed further. Maybe think about a new type of zone and don't be
21 constrained by anything that exists today. If there are valid options then let's be creative and
22 come up with good ideas that work for abutters and for the'Town. Rte 114 is a mish mash
23 with the conditions that exist today. Mr. Daley highlighted a specific area on the zoning map
24 that included B-1, I-1, and G-B. The Planning Board is most concerned with the residential
25 property from Blockbuster Video store to Stop and Shop market.
26
27 John Casey, abutter was present and stated that he's on eastern side of 114 from McGregor
28 fence. McGregor fence is commercial Mr. Casey is Residential. He pointed out there is one
29 little yellow house with no setbacks and nothing can be done to rezone it. The Planning
30 Board used the recent Walgreen's project as a successful example of neighbors coming
31 together to sell their properties.
32
33 Mr. Patel, 190 Hillside Road, would like the Board to consider his property for rezoning. Ed
34 Icon, 582 Turnpike Street, explained that a lot of money went into the repair of his property.
35 He is currently unsure of what to do regarding the property. Mr. Icon stated that he has
36 concerns regarding lire and Police Departments and their ability to respond to the dwellings
37 on Rte. 114. State can come in and take 15 feet off property even if front steps are only 6
38 inches from the State highway of Rte. 114.
39
40 Mitzi Beal, abutter briefly explained that that she has a problem w/going commercial,
41 driveway and in the impact of future project on sewer and water. Ms. Beal further explained
42 that she is concerned about the safety of her childrengiven the proximity of the house to Rte.
43 114,
44
45 Donald Crispatelle, 642 Turnpike Street would prefer rezoning towards a commercial use.
46 Ed Hamel, 591 Turnpike St., further supports the rezoning efforts along Rte. 114 and would
47 like the Planning Board to include his property as well. as lived in the area since 1927, he
48 wants his property rezoned to business. Amy Chan, 26 Innis St., expressed her concerns
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January 17,2006
Page 4
I involving wetlands on Innis Street and if the Planning Board could zone the area to
2 commercial. The general consensus of the audience approves the rezoning efforts to a more
3 commercially viable zone. Time is 9:20pm.
4
5 CONTINUED PUBLIC HEARINGS:
6 9) Dr. Sunit Mukherjee—217 & 21.9 Sutton Street—Map 39, Lot 14— Site Plan Special
7 Permit to Convert Existing Two-Family to a Commercial Structure (Medical Office).
8 Scott Giles present tonight. Mr. Daley stated application was incomplete missing
9 landscaping and lighting plan. Mr. Giles resubmitted complete landscape plan and drainage
10 information. Mr. Giles stated that no handicapped ramp was submitted. Joanne, office
11 manager, submitted a landscape plan. See plan wllighting, landscaping,,signs etc. Applicant
12 still needs to go thru ZBA for sign approval. Mr. Daley to recommend approval after ZBA
13 approval. The Planning Board directed Mr. Daley to draft a decision.
14
15 Motion by Richard Rowen and 2"d by Jack Green to approve this project per the plan of land
16 submitted tonight. Vote was unanimous 5-0.
17
18 DECISIONS) RENDERED/APPROVED: L i
19 10) Henry Kucharzyk- Lot 20A Bridle Path - Map 104C, Lot 82. Public Hearing for a
20 Watershed Special Permit to allow the construction of a single-family residence within non-
21 disturbance buffer zone. (Continued from November 15,2005)
22 John Simons stated that he abstained from voting on this petition. Upon reviewing the
23 decision, the Planning Board had several modifications. The decision should state the
24 distance in feet from the house to the delineated wetland. Correct Condition#8 on page 5 to
25 include the appropriate decision date. The bond to be set at $3,000.
26
27 Motion by Alberto Angles to approve the Watershed Special Permit as amended this evening
28 for Lot 20A Bridle Path and 2nd by Richard Rowen. Voting in favor Richard Nardella,
29 Alberto Angles, Richard Rowen, Jack Green with John Simons abstaining. Vote was 4-1
30
31 11)Watts Regulator—815 Chestnut Street- Site Plan Review Special Permit
32 Upon review of the decision, the Planning Board recommended that language to the Findings
33 of Fact section be added stating that the final determination of sufficient screening and
34 buffering on site be at the discretion of the Town Planner. Planning Board set the bond V/
35 amount for the project at $3,000. Motion by Jack Green to approve a Site Plan Review
36 Special Permit as amended this evening and 2nd by Alberto Angles. Vote was unanimous 5-0.
37
38
39 MINUTES: December 6, & December 20, 2005 "Minutes"
40
41 Motion by Richard Rowen to accepted"Minutes" of Dec 20`h and 2"d by Alberto Angles. Vote
42 was unanimous 5-0.
43
44 December 6'h Planning Board"Minutes" are not approved yet.
45
46 UPCOMING PLANNING BOARD MEETINGS:
47 February 7, 2006--Regularly Scheduled Planning Board Meeting
48 February 21, 2006—Regularly Scheduled Planning Board Meeting
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January 17,2006
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2 Motion to adjourn tonight's meeting by John Simons and 2°d by Alberto Angles. Vote was
3 unanimous 5-0 to adjourn meeting. Meeting ended at approximately 10:00 pm.
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5
6 By order of the Planning Board
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9 Approved
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16 Note: The Planning Board reserves the right to take items out of order and to discuss and/or
17 vote on items that are not listed on the agenda.
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January 17,2006
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