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HomeMy WebLinkAbout2006-02-07 Planning Board Minutes 1 2 NORTH ANDOVER PLANNING BOARD 3 " Minutes of the Meeting " 4 February 7, 2006 5 120 Main Street, 2"d Floor - Main Conference Room 6 7:00 PM 7 8 9 Members present: Richard Nardella, Chairman 10 John Simons, Vice Chairman 11 Richard Rowen, acting Clerk 12 Alberto Angles 13 Jack Green 14 15 Staff present: Lincoln Daley, Town Planner 16 Mary Ippolito, Recording Secretary 17 18 19 Chairman called the meeting to order at approximately 7:05 pm and introduced the panel to the 20 assembly. Chair explained the procedure to the assembly and stated that he would open the 21 meeting to discuss the requests for bond releases. Please note Board is still awaiting the arrival 22 of John Simons and Jack Green. 23 24 POSTPONEMENTS: 25 1. NONE 26 27 Please note John Simons is now present at 7:07 pm. 28 29 INFORMAL DISCUSSIONS: 30 2. Bond release of$2K for Salvatore & Marie Vaudo 38 Saile Way, Map 63 Parcel 45 31 Watershed Special Permit. As built is on file now. Mr. Vaudo was present to speak, he 32 stated that he would like his $2K bond released. Mr. Vaudo obtained a Special Permit to 33 put in a pool at 38 Saile Way and the pool is now finished, Please note: Motion by 34 Albert Angles, 2"d by Richard Rowen to release $2,000.00 to Mr. Vaudo, vote was 35 unanimous 4-0. Mr. Vaudo was under the impression that he filed another bond with the 36 Planning Department but was vague about the amount and where the paper work was. 37 Mary to check to see if Mr. Vaudo filed any other bond with the Planning Department 38 relative to 38 Saile Way and if so how much and when and advise the Board of same. 39 40 3. Bond release of$5K for Mr. Johnson Wallace Street Map 98D Parcel 26 41 constructing of a roadway for a one- lot subdivision. Mr. Johnson was the original 42 contractor to post a bond with the Planning Department. lie was present to speak tonight 43 and explained that he started the project and built a driveway then another contractor 44 came in and finished the project. Mr. Johnson stated that he built a road off the cull- de- 45 sac at the beginning of this project. Mr. Johnson stated that he did build a house and a 46 driveway also then new plans were submitted by another contractor and Mr. Johnson 47 didn't finish the project. Further complicating the issue is that an as-built showing what 48 Mr. Johnson did work on does not exist now. 49 Planning Board Minutes February 7,2006 llagc I I Board advised Mr. Johnson to check with Mr. Ahearn, contractor, to obtain an as-built and 2 to submit it to us. Mr. Johnson to check w/Planning Dept. before the next Planning Board 3 meeting. Motion by Richard Rowen, 2"d by John Simons to a partial release of$2,500.00 4 tonight and keep the remaining $2,500.00 in the bond account until this matter is settled. 5 6 7 PLANNING BOARD "BUSINESS": 8 4. Board to sign mylar for Boston Hill. Board agreed to sign the Boston Hill mylar later this 9 evening. 10 11 12 PUBLIC HEARINGS: 13 5. Rezoning of Rte. 114. Issue show dwellings and how they fit on 114 area. Schedule 14 another meeting before the next Planning Board meeting. Board stated that at the last 15 meeting they would limit the scope of the rezoning of Rte 114. Lincoln presented a slide 16 presentation showing an overview containing an area along Rte. 114 of where the Board 17 would like to centralize the discussion of the rezoning. Focus on 4 lots moving South 18 down 114. Board pointed out where on the map the parcels are located to rezone. Board 19 pointed out that property from where Mr. Najjar and Countryside are located to a lot next 20 to Countryside approximately 26 parcels to discuss for rezoning. Lincoln did an overlay 2,1 of CVS Pharmacy with setbacks to show how the scale would work with a proposed 22 business dwelling. He showed Lot 4 Willow St., which is a proposed medical building 23 and showed the scale with setbacks of 20' and 25' to see how it would look. Board has to .24 determine what new zone and what new lot size will be used for rezoning of 114. 25 Commonwealth of Mass owns land along this corridor and if they reclaimed the land for 26 their use how much of the land would need to be carved off of what now exists as 27 residential use. If there is Town owned property along this corridor then this property 28 should be commissioned to throw the land into the ratio of rezoning property along 114. 29 Please note: Jack Green is now present at 7:45 pm. Board wants input from a real 30 developer to see what a developer has to say. Board needs to hear viable comments on 31 this project and keep an open mind to know what progresses and comes next. On Feb. 32 28"'there will be a presentation of the Rte.114 corridor study and post as a public meeting 33 get it televised by Ellie Pie. Lincoln look at existing zones and based on this come up 34 with low to high - smallest and largest - look at maximum lot size and setbacks, does it fit 35 in exiting zone, do we need to create a new zone, have this info. ready for Feb 28`l' 36 meeting. Board asked for comments from the audience now. Julie Howe, 5 Hillside 37 Road spoke and asked where will the residents move to if they sell their homes on 114. 38 Intersection of 114 and Hillside Road is dangerous, turning lane, traffic converging meet 39 nose to nose. Pedestrians crossing between two malls, at nighttime when dressed in black 40 they are invisible. Traffic is always speeding and backed up and using Hillside Road as a 41 cut thru. In 1980 neighbors had a stoplight put at cross road plaza in hopes to decrease 42 the traffic flow onto Hillside Road. Lots of near misses when mothers are walking their 43 babies in carriages. Very dangerous intersection at Hillside and Rte 114 please put in a 44 stop light at this area. John Zahouricko, 102 Hillside Road, traffic on Hillside is a great 45 concern needs a sidewalk or a stop light, most of traffic is not turning into the mall it is a 46 result of a development in other places of town, it's become a commuter road and 47 connecting to 114, 125, 495 etc. With the proposed rezoning on South side of street it 48 will leave his lot and his neighbor's lot (Mr. Patel) the only two residents on this large 49 part of the road. He's in favor of utilizing his lot and his neighbors lot as part of the Planning Board Minutes February 7,2006 Page 2 I rezoning now. Chair asked if we had a 25-foot setback as you get to deeper lots located 2 North could you increase the rear setbacks? Do it thru site plan review or by the design 3 setbacks existing. Corner of Hillside there is a residential house what is the zoning now? 4 probably R-3. Lincoln to invite Attorney Peter Shaheen to the meeting that the 5 developers are going to be at. Don Gregoire, 105 Hillside Rd., he does not want Rte 114 6 rezoned on the North or South side and he's against commercial development. Time now i 7 is 8:25 pm. Mr. Patel, was present tonight and stated that he owns a lot at corner of 8 Hillside Road and he would like his lot to be considered for a business zone. He stated " 9 that traffic would increase no matter because population is going crazy. Board wants to 10 improve the intersection near Mr. Patel and Mr. Zahoruiko's lot because there is an area 11 to provide for turning lanes etc. John Casey, 84 Innis St., leave the residential 12 neighborhood alone and having multiple lanes on Hillside will only increase more traffic 13 accidents, leave the corner lot on Innis Street alone. Mary Lou Schaalman, 85 Hillside 14 Road why isn't adaptive reuse viable, she's in favor of it. If a residential directly 15 touches a commercial district you have the ability to apply for a Special Permit to reuse 16 the residential to a commercial structure. Lincoln to do an over lay of an adaptive reuse 17 on 114. Kathy Konecsin, 65 Hillside Rd. there is already too much traffic on 114 so 18 creating a commercial district and build up of commercial traffic will reroute to Hillside 19 and cause more accidents. Lincoln to look at constructing some zones and what possible 20 sizes of lots need to be created (2 or 3) acre lots. Consider adaptive reuse also. There is 21 already B-1 and Commercial zoning in place now. Expand and include the 3 lots 22 discussed tonight. Board gets together on February 28ti' review the information and come 23 up with a recommendation, what to include and what should it look like. 24 25 26 i 27 28 6. Ellis Court, LLC,-1-7 Ellis Courts Map 29 Parcel 20, Site Plan Review Special Permit 29 for a 7 unit residential building to be built in place of an existing seven unit residential 30 structure. Atty. Peter Shaheen was present to speak tonight. He stated that the builder 31 proposes to remove the existing 7-unit structure and replace with 7 new units. Keeping 32 same use and same density therefore, improving situation. No significant impact on/or 33 off the site. Neighbors are in favor of demolishing existing structure. Paul Marchand, 34 Engineer presented layout of proposed structures tonight. Less impervious area on site, 35 same entry/exit, same size units, no further traffic impact than before. Raised the 36 elevation on site at front, draining is the same as before. See VHB review ...put this in 37 decision...no signs are to be proposed...get waiver from dimensional requirements. ..no 38 easements on property....they submitted a grading plan on plan of land......catch basins 39 are on Saunders St .....gutters are proposed.....roof area is app. 4,000 s.£, paved area 40 will be 5600 s.f.... landscape wall no higher than a few feet in height is A proposed..........no dumpster on site....light poles to be along walkway from Main St 42 into area......Chief Dolan was present tonight to speak. There was a fire about 35 years 43 ago in the dwelling, he's concerned regarding a fire on the site catching on fire to the 44 existing dwellings, no hydrant on site now, fire trucks can't get into site now. These 45 buildings need to be all completely sprinkled to make the neighborhood safer. He's glad 46 someone is going to remove this existing structure and rebuild a safer structure. No 47 wheelchair ramp is included on the plan, berm is standard around the parking, snow is 48 piled up against existing fence, two areas to take the snow piling is shown onplan of `49 land, two large oak trees will be taken out to allow for snow pile area, landscape plan ['fanning Board Minutes Vebruary 7,2006 Page 3 9 I includes the addition of several trees. Board wants lights added along alleyway into the 2 proposed dwellings, designate on the plan where the snow storage will be located now. 3 Three lights existing now add three more lights in alleyway onto Main St. Board wants 4 to draft a decision and close public hearing tonight. Atty. Shaheen to submit updated set 5 of plan as per tonight's discussion. Motion by Richard Rowen, 2"d by Jack Green to 6 approve a Site Plan Review Special Permit per comments by the Board. Close the public 7 hearing and draft a decision by the next Planning Board meeting. Vote was unanimous 5- 8 0, 9 10 Please note: Alberto will not be attending the next Planning Bord meeting, or the meeting after 11 that one. 12 13 14 7, Arthur Kotsirorus, 1060 Osgood Street, Map 35 Parcel 108, Modification to a Site 15 Plan Review Special Permit to add pick up window to existing pizza parlor. See response 16 from lire Chief Dolan. Mr. O'Day, Engineer was present tonight and stated that a 17 sidewalk will be removed in front of proposed pick up. Board went over the plan 18 submitted and made comments regarding same. Mr. O'Day to put a locus on the 19 plan...there exists a free standing sign on Osgood St. and another sign stating Art's 20 Corner Pizza....he will add a no right hand turn sign......add a sign saying 9 feet 21 high.—this proposed window is used specifically as a pick up window only and will not 22 be used as an order from the menu window...no proposed change in the handicapped 23 parking....no new dumpster will be located on site....Chief Dolan was present tonight 24 and stated that the Board should look on right and left side of building it's marked no 25 parking where they are proposing to put a pick up window because you can't back a 26 vehicle there as the length of a vehicle will not allow the vehicle to get out. Addition on 27 back has 3 parking spaces; the fire truck could not make that turn because of the cars 28 parked there. Chief Dolan is in opposition to this petition, 1f the sidewalk is removed 29 there is no area for pedestrians to walk on. He wants a 360 degree access around the 30 entire building and he can't get this with this pizza site. Mr. Kotsirorus spoke and stated 31 that he needs the pickup window because people are too lazy to get out of their car to get 32 their pizza. Mr. O'Day made a disapproving remark. Board stated that they would like 33 to help but the Chief pointed out that safety should over ride everything. Steve Perrault 34 was present and asked if they change the parallel parking spots would this help? Board 35 agreed to keep this hearing open and applicant to research alternatives with the building 36 owner. 37 38 39 40 CONTINUED PUBLIC HEARINGS: 41 42 8. NONE 43 44 45 DECISIONS) DRAFTED: 46 _ 9. Draft decision for Dr. Sunit Mukheriee 217 & 219 Sutton St. convert existingtwo- 47 family to a commercial structure. Board made edits to the draft decision...set bond for 48 $2K.....change names of the Board members.......P8 is inconsistent change it around.—add any 49 stockpiling of materials (DIRT, WOOD, CONSTRUCTIN MATERIAL, ETC)that will remain Planning Board Mizw(es February 7,2006 Page 4 I longer than one week must be fenced off and covered and MUST BE SHOWN ON THE PLAN. 2 Motion by John Simons, 2"d by Jack Green to approve the Site Plan Review Special Permit per 3 decision as amended this evening. Vote unanimous 5-0. 4 5 6 10 MINUTES: Approve the January 17, 2006 "Minutes" 7 Motion by Jack Green, 2"`l by Richard. Rowen to approve the January 17, 2006 Minutes of the 8 Meeting. Vote was unanimous 5-0. 9 10 11 UPCOMING PLANNING BOARD MEETINGS: 12 February 21, 2006—Regularly Scheduled Planning Board Meeting. Possibly discuss rezoning of 13 114, 14 15 Add February 28"' a meeting to hear the Merrimack Valley Planning Commission check to see if 16 we can have 2nd floor c/r and get this televised by Ellie. Discuss rezoning of 114 at this 17 meeting. 18 19 Alberto will not attend February 21 Planning Board meeting, nor the February 28th meeting. 20 21 Next scheduled Meetings: 22 March 7, 2006 - Regularly Scheduled Planning Board Meeting. 23 March 21, 2006 - Regularly Scheduled Planning Board Meeting. 24 25 26 Note: The Planning Board reserves the right to take items out of order and to discuss and/or 27 vote on items that are not listed on the agenda. 28 29 Board directed Mary to show edits on agenda such as when public hearings were opened and 30 when closed etc. 31 32 Motion by John Simons, 2"d Richard Rowen to adjourn tonight's' meeting. Vote was unanimous 33 5-0. Planning Board meeting adjourned at approximately 10:30 pm. 34 35 36 By order of the Planning Board 37 38 39 40 Approved Planning Board Minutes February 7,2006 Page 5