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HomeMy WebLinkAbout2006-03-07 Planning Board Minutes 1 2 TOWN OF NORTH ANDOVER 3 PLANNING BOARD 4 "Minutes of the Meeting" 5 March 7, 2006 6 120 Main Street, 2°d Floor - Main Conference Room 7 7:00 PM 8 9 Members present: Richard Nardella, Chairman 10 John Simons, Vice Chairman 11 Richard Rowen, acting Clerk 12 Alberto Angles, member 13 14 Members absent: Jack Green 15 16 Staff present: Lincoln Daley, Town Planner 17 Mary Ippolito, Recording Secretary 18 19 20 Chairman Nardella called the meeting to order at approximately 7:10 pm and 21 introduced the panel to the assembly. Chair explained the procedure to the 22 assembly and stated that because Mr. Kotsirorus of 1060 Osgood Street has not 23 submitted any fiirther information to the Board the Planning Department should 24 take this petition off the agenda. 25 26 POSTPONEMENT; 27 Arthur Kotsirorus, 1060 Osgood Street, Map 35 Parcel 108, Modification to a 28 Site Plan Review Special Permit to add drive up window to existing pizza parlor 29 First meeting date: Feb. 7, 2006 30 Decision due May 5, 2006 31 Postponed until petitioner submits a new plan relocating where 32 the drive-up window shall be. 33 34 35 36 INFORMAL DISCUSSION: 37 Chatham Crossing subdivision as-built submitted for Street Acceptance. 38 Chair stated that Chatham Crossing requested to be continued until March 21 sc PB 39 meeting. Chair stated that the.petitioner should appear in front of the Planning 40 Board at the next PB meeting with a modified plan of land. 41 42 Plnrning Buns minttteg nfflii__*.Meed ig March 7 2006 Page 1 // 1 INFORMAL DISCUSSION: 2 Sherwood Drive, a street located within Jarred IV subdivision_has an issue 3 with completion of roadway.__ Lincoln stated that last year the residents living in 4 this subdivision wanted the streets accepted at Town Meeting because the roads are 5 in bad shape. Board expects that the developer is to build to Town specs or Board 6 will seize the bond. Lincoln stated that he spoke wlTown Counsel and was advised 7 to issue a letter from the Planning Board giving Mr. Janusz, builder, 45 days to 8 compete the road otherwise the Town will seize the bond. Board discussed that Mr. 9 Janusz's issue was that he didn't want to finish roads as long as trucks were going 10 over the road to build the pipeline, also that Mr. Janusz's other issue was to ask the 11 Planning Board to issue a letter noting that Mr. Janusz had reduced the total 12 number of buildable lots in order to provide a better development. Unfortunately, 13 Mr. Janusz didn't submit the required drawings to the Board to justify the higher 14 number of lots that were alleged to be buildable. Board instructed Lincoln to send 15 a formal letter of compliance to Mr. Janusz and give him 45 days to comply. 16 Think about taking bond money to fix road. DPW should take a ride out there to 17 see what needs to be done. Letter should be sent to PB noting findings. Mr. Janusz 18 must comply or Planning Board will seize the bond. 19 20 21 PLANNING BOARD "OLD BUSINESS": 22 Chair stated that he wants Lincoln to take a ride to Summer St. Did the developer 23 tear up the road to put in sewerage? Developer must fix the road it is a 24 washboard. Send a letter to Charlie Carroll, developer, and tell him to come in 25 front of the Board. 26 27 PUBLIC HEARINGS: 28 Rte. 114 rezoning discussion. Lincoln handed out a chart relative to the 29 differences between the proposed Corridor 1 and Corridor 2 zoning ammendments. 30 At the present time there exists a hodgepodge of zones in this area such as R-6, 31 Commercial and G-B. Submit handout for the record. There could possible be a 32 maximum of 3 new developments one acre each in Corridor 1. Through an 33 Adaptive Reuse provision, the Planning Board may waive dimensional 34 requirements to maintain same use and same dwelling etc. Corridor will provide 35 natural and maatatnade buffering and screening to preserve the character of 36 neighboring residential properties. Corridor 2, currently has 4 zones that exist in 37 this area B-1, I-1, V-C and R-3. Issue is to create a homogonous zone. Total 38 acreage is 159 acres. Planning Board wanted Lincoln to look at current allowed 39 uses and type them into the zoned areas. Does the new warrant article prohibit gas 40 stations? Check out gas stations. Board stated that there are residents on 41 surrounding streets that are not in favor of rezoning Rt 114. To provide a buffer 42 for residents the new zoning includes a green strip, 6'stockade fence, minimum of Plnnuing Board llinotes oFthe Meeting MnrCil 7,2006 Page 2 i i i 1 8' trees as a green barrier 1 buffer. Hillside is a feeder Street; there will 2 unfortunately be more traffic in years to come. Check out if there are any 3 alternatives to utilize other streets to take pressure off Hillside Road as a feeder 4 street. Board does not want to put in fast food restaurants along Rt 114 corridors. 5 Only small restaurants with proper seating etc. should be allowed. Adaptive reuse 6 zone doesn't extend to R-6 zone (time now is 8:pm). Board thanked Lincoln for 7 doing a wonderful job of putting together this presentation. s Following issues were discussed tonight: Scott Hajjar was present and discussed 9 clause number 2 regarding restaurant usages. Mr. Hajjar stated that from a 10 taxpayer viewpoint he likes the idea of restaurants to be used on this corridor, he 11 wants to create language to address this issue. What is a definition of a fast food 12 restaurant. Board stated that if the restaurant doesn't have a drive thru and food is 13 consumed on the premises then it is not considered a fast food restaurant. Resident 14 on Hillside Rd. asked what is the difference between the Rt 114 corridors? Board 15 explained the dimensional requirements of both zones and the differences. 16 Resident stated that she's lived on Hillside for 20 years her issue is safety at the 17 corner of Hillside and she's not in favor of taking a left onto it or taking a right 18 onto it, she stated that there should be a public safety issue raised regarding 19 Hillside especially since she hears fire and ambulance vehicles all the time. She 20 suggested a no left turn sign be erected, if not a traffic light. Board stated that they 21 could only suggest that a commercial establishment put in a traffic light, however, 22 Board doesn't have jurisdiction on traffic lights, approval comes from Board of 23 Selectmen, State, etc. Resident, 164 Hillside Road, he deals w/Innis Street and 24 Rte. 114 every day and he was present to express his concern as he's part of a large 25 neighborhood of people who will be affected by the rezoning. What's to stop 26 someone from putting in a 40B project in this neighborhood? Board stated nothing 27 could stop a 40B from going in. If you sold your house tomorrow to someone who 28 wanted to put in a 40B nothing could stop it (time now is 8:35 pm). Board 29 addressed the issue of identifying the residents who are in opposition to the 30 rezoning by placing the green dot on the overlay presentation; it was an attempt to 31 identify neighbors who are opposed to the rezoning of 114. Attorney Joe Trombly 32 was present and addressed the Board regarding a drive-up window and if it should 33 be an allowed use for a proposed bank. Board advised that the residents of the Rt 34 114 area will have an opportunity to discuss their concerns with developers and 35 make recommendations back to the Board and to continue to participate in this 36 process. 37 38 39 PUBLIC HEARING: 40 Lot 1, Great Pond Road, Watershed Special Permit. Wishes to construct 41 single-family residence w/pool. Petitioner doesn't wish to be heard this evening Plaming Board ib innt 5 of the a k0ing Mfardl 7,'2006, Page 3 /d 1 because they are currently in front of ZBA. Requested a continuance until March 2 21 Board wants this moved to continued public hearings. 3 4 5 6 PUBLIC HEARING: 7 880 Osgood Street,_Watershed Special Permit. Wishes to construct 24'x20' 8 detached garage. Benny Osgood Jr. was present tonight. This residence is located 9 just before China Blossom on the left hand side. There are two houses located on a 10 steep driveway, built approximately 10 years ago, this home doesn't have a garage, 11 Proposed garage is located within the non-discharge buffer zone, which is located 12 on a steep piece of land and has a dense soil material. The water run off occurring 13 is minimal and shouldn't affect the watershed. DPW engineer submitted a memo 14 stating there is run off coming down the driveway. Put gutters on the proposed 15 garage to reduce the rate of flow. Redirect water run off out to side of yard then 16 run water downward away from abutting property. Owner was present and stated 17 that gutters exist on the house and he's willing to put gutters on the proposed 18 garage. Mr. Osgood to look to see if he can reduce the rate of flow by proposing to 19 put in a couple of infiltrators in the ground. Take existing gutters and run them 20 around the side of the house to the infiltrators to catch some of the run off of water. 21 Come back at the next PB meeting with a mark up of the plan of land, keep this 22 open until the next time, draft a decision once Mr. Osgood submits a marked up 23 plan regarding the mitigation runoff issue. 24 25 26 PUBLIC HEARING: 27 Lot 1.249 Marbleridge Road. Modification for a Watershed Special Permit. 28 Petitioner wishes to construct an in-ground pool and concrete patio. Benny 29 Osgood Jr. was present tonight. This lot is newly constructed cape which boarders 30 the cemetery, lot is still under construction and this house is not finished yet. Lot 1 31 is under agreement and buyer wants to add a pool and deck in the back yard, 32 Grading doesn't change, walk out basement is the same, pool doesn't absorb any 33 water but there would be extra run off from proposed deck, infiltration system does 34 have extra capacity in that it could take run off from the pool and deck. Mr. 35 Osgood talked to Gene Willis, DPW engineer, he wants to make sure that drive 36 way pitches away from roadway a bit so water doesn't run down Marbleridge 37 Road. Make sure chemicals are not being backwashed or noxious in any way. Bill 38 Barrett, developer, was present tonight and stated that he has someone under 39 contract to build this pool, Pool has a cartridge filter that comes out once a season 40 to get rinsed off and lasts for 5 years then it is replaced. Board directed Lincoln to 41 look at Dr Chatterjee's decision and the Saile Way decision to get wordage. Gerry 42 Brown, Building Inspector, submitted a memo stating that the applicant will P[awting Board N(inutes of t1m A Ieeting March 7.2006 Page 4 i require a variance from the ZBA as proposed pool property is within the non- e disturbance buffer zone and requires a dimensional variance from 4.136. Row of 3 trees along the back has not been planted yet. Re-grading doesn't have to be done. 4 Board instructed engineer to add the fence located around the pool area on the plan 5 of land. Mr. Osgood asked to continue this to the 21't PB meeting. Board will 6 keep this petition open tonight. Mr. Dave Rand, Chairman of grounds committee 7 for the cemetery was present tonight. Mr. Rand requested a buffer zone on the 8 cemetery side of the property. Should a pool party be going on while a loved one 9 is being buried on the same day, the cemetery committee would like the buffer 10 zone to be put in ASAP to avoid this issue ...this involves planting a row of trees 11 plus a 75 foot conservation zone in place in this area. Mr. Barrett stated look for 12 the 3`d week of April for the tress to be planted. Keep this open until the next 13 meeting. Board thanked Mr. Rand for his care and concern in this matter on behalf 14 of the cemetery and commended him for being present tonight to voice his request. 15 16 17 CONTINUED PUBLIC HEARINGS: 18 NONE 19 20 21 MINUTES:Approve the February 21, 2006 "Minutes" 22 Upon a motion by John Simons, 2nd by Richard Rowen to approve the February 21, 23 2006 "Minutes" as amended this evening, vote was unanimous 4-0. 24 25 26 Discussion: 27 Board stated for the Planning Department to Schedule April 4' , 2006 for the 28 Planning Board meeting to accept the warrant articles. Joyce Bradshaw, Town 29 Clerk was present and stated that the Warrant will be issued in late March, Mrs. 30 Bradshaw handed out the list of articles and stated that she will e-mail the Board 31 the Warrant. 32 33 34 UPCOMING PLANNING BOARD MEETINGS: 35 March 21, 2006 - Regularly Scheduled Planning Board Meeting. 36 April 4, 2006 37 April 18, 2006. 38 39 Upon a Motion by Alberto Angles, 2nd by Richard Rowen to adjourn tonight's 40 meeting, vote was unanimous 4-0, meeting adjourned at approximately 9:30 pm. 41 42 Planning Hoard Minute'$of the?uIn ting VnrEh 7,2006 Page 5 �v 1 By order of the Planning Board 2 3 4 5 Approved 6 7 Planning Board Minutes o€the Rleditig March 7,3005 Page 6