HomeMy WebLinkAbout2006-04-04 Planning Board Minutes 1
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6 MINUTES OF THE MEETING
7 NORTH ANDOVER PLANNING BOARD
8 April 4, 2006
9 120 Main Street, 2"d Floor -
10 Main Conference Room
11 7:00 PM
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13 Members present: Richard Nardella, Chairman
14 John Simons, Vice Chairman
15 Richard Rowen, acting Clerk
16 Alberto Angles,
17 Jack Green
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19 Staff present: Lincoln Daley, Town Planner
20 Mary 1ppolito, Recording Secretary
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23 Chairman Nardella called the meeting to order at approximately 7:10 pm and introduced the
24 panel to the assembly. Chairman Nardella stated that in an article in a newspaper North Andover
25 came in#16 in the State in terms of one of the friendliest environments for businesses to locate
26 in. Permit friendly process was foremost in the article. Chair stated that the PB worked hard
27 trying to be more amenable to business in Town even when trying to protect the water supply in
28 the lake in Town and gave a thank you to the rest of the PB for doing a good job and a thank you
29 to Lincoln and Mary.
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31 Chair announced the postponements for the following petitions; the petitions will be heard at the
32 April 181h PB meeting:
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34 POSTPONEMENTS:
35 Lot 1, 249 Marbleridge Road, Modification for a Watershed Special Permit. Construction
36 of an in-ground pool and concrete patio. First meeting date March 7, 2006. The application is
37 currently in front of the ZBA and will be heard April 11, 2006. Continued to April 18, 2006.
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39 Lisa Lane 2 lot subdivision—Jack Hashem, developer. First meeting date to be April 18, 2006.
40 Decision due: July 14, 2006
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42 245 Bridle Path, Watershed Special Permit to construct a 24106' garage. First meeting date
43 to be April 181h. Decision due: June 30, 2006.
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45 Chair asked Lincoln to make a few copies of the rezoning of Rte. 114 corridors as a hand out
46 they are also available on the web. Joyce Bradshaw,Town Clerk, submitted a copy of the
47 Warrant that the BOS was in the process of signing right now, however, if edits are made they
48 have to be submitted to her by 9:00 am tomorrow.
Planning Board Minutes
April 4,2006
Page 1
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3 PUBLIC HEARING:
4 # NUMBER& ARTICLE
5 #4 Amend Town of North Andover Bylaw Section 2 Definitions— Scott Haj jar had submitted
6 questions regarding definition of drive thru, Board addressed his question. Motion by Jack
7 Green, 2"d by Alberto Angles to approve for favorable action Article#4, vote was unanimous 5-
8 0.
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10 #5 Amend Zoning Bylaw—New Zoning District-Section 16 Corridor Development
1 I District 1 (CDD 1). Lincoln stated differences between C1 and Corridor 2. Board stated that
12 Lincoln should work in the amended language relative to a Site Plan Review and a Special into
13 this article. John Simons to talk w/Lincoln and write the three uses into this article,
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15 Atty. Joseph Trombly was present to represent Mr. Al McGregor. Atty. Trombly stated that the
16 wording in this article isn't business friendly and that the Board is rendering Mr. McGregor's
17 property non-conforming; asked to exclude Mr. McGregor's parcels from the article. Board
18 stated that Mr. McGregor's land is zoned for various zoning districts now and PB is trying to
19 clean up this kind of zoning, PB wants to retain ability of landowners now to do something with
20 their land, instead of being locked into various zoning district. Mr. McGregor 7 Patriot St., was
21 present and stated that he has 5.8 +/- acres on V-C and 1 acre on B-1, he sees his approximate 7
22 acres of land as having the lions share of the 15 acres in this corridor and he doesn't want to be
23 included in this kind of rezoning because it could render him non-conforming. Board rezoned his
24 land to V-C many years ago, however, not one application came in front of the PB for this kind
25 of use. Problems with location of parking of vehicles. Mr. Pellech, resident stated that if Mr,
26 McGregor is rezoned his shop is then rendered non-conforming if he wishes to change the use to
27 sell something different he will be challenged as to how he is zoned and to operate. Atty.
28 Trombly raised the issue of a drive thru window as it applies to banks and stated that if you want
29 a"clean business"then a bank with a drive thru window is advantageous to this 114-corridor
30 area. PB finds a bank drive thru more detrimental in the 2-acre zone corridor. Bill Wellock, 164
31 Hillside stated that article 5 has 16.4 is there twice are there two 16.4? Lincoln stated difference
32 is the underlying text. (Only amend 2A). Under table 1 nothing listed for Special Permit. Can
33 he use an existing structure and use it for a convalescent home? PB Answer no. Mr. Wellock
34 stated that he thinks this process is being rushed. Mr. Casey, 84 Innis Street asked if RDC 1 and
35 RDC2 are two separate districts? Board asked that Town Planner look into/clarify if two articles
36 are separate. Mr. Patel, Hillside Road was present and asked will there be changes to the
37 Hillside roadway because it's too narrow now? Hillside is a connector Road and it's going to get
38 worse it will not be widened if this corridor gets voted in the_affirmative. Board stated there is
39 nothing they can immediately do to widen this street. Board thanked everyone for thein-input;
40 time now is 9:10 pm. Motion by Richard Rowen, 2"d by Jack Green to approve Article 5 for
41 favorable action as amended this evening, vote was unanimous 5-0.
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43 #6 Amend Zoning Bylaw---New Zoning District, Amending Section 16 Adding Corridor
44 Development District 2 (CDD2). Motion by Richard Rowen, 2nd by Jack Green to approve for
45 favorable action Article 6, vote was unanimous 5-0.
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Planning Board Minutes
April 4,2006
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1 #7 Rezone Turnpike Street---Corridor Development District I (CDD1). Motion by Richard
2 Rowen, 2"d by Jack Green to approve for favorable action Article 7, vote was unanimous 5-0.
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5 #8 Rezone Turnpike Street—Corridor Development District 2 (CDD2). Motion by Richard
6 Rowen, 2 n by Jack Green to approve Article 8 for favorable action, vote was unanimous 5-0.
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9 #9 Maintain Current Zoning Classification—651 Turnpike Street. Mr. Hajjar may withdraw
10 this article at Town Meeting. Motion by Alberto Angles, 2nd by Richard Rowen to take
11 unfavorable action on Article 9, vote unanimous 5-0.
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14 033 Establishment of Affordable Housing Trust Fund. Board stated they want someone to
15 come in front of them and explain this article at the April 18th PB meeting. Board agreed to
16 continue Article 33 to the April 18th PB meeting.
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19 #38 Amend North Andover Zoning Bylaw--- Section 4.122(14)(B)(b)- Residence 4 District.
20 Lincoln stated that Town Counsel recommended this article be voted by the Planning Board.
21 Motion by Alberto Angles, 2nd by John Simons to approve for favorable action Article 38, vote
22 was unanimous 5-0.
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25 #39 Amend North Andover Zoning Bylaw—Section 10.31(1)—Conditions for Approval of
26 Special Permit. Motion by Richard Rowen, 2nd by Alberto Angles, to approve for favorable
27 action Article 39, vote was unanimous 5-0.
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30 #40 Amend Zoning Map—Davis Street---Assessors Map 70—Parcel 18 From General Business
31 (GB) to Residential 4 (R4). Board asked Lincoln to invite the landowner to come to the April
32 18`h PB meeting to address the Board, wants his reasons, continue until April 18t°' PB meeting.
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35 #41 Amend Zoning Bylaw—Watershed Protection District— Sections 4.136(3)(c)(ii) and (iii).
36 Board stated to leave this like it is. Motion by Richard Rowen, 2"d by John Simons to approve
37 for favorable action on Article 41, Vote 4-1 Alberto Angles not in favor.
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40 ROAD ACCEPTANCE:
41 # NUMBER AND ARTICLE
42 #46 Acquisition and Acceptance of Granville Lane, Grosvenor Avenue, Inglewood Street,
43 Surrey Drive and Wildwood Circle as Public Ways. Motion by Jack Green, 2"d by Alberto
44 Angles, to approve for favorable action Article 46, vote was unanimous 5-0.
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46 #47 Roadway Acceptances--Willow Street, Willow Street (South) Extension, Bayfield Drive
47 and Flagship Drive. This will be withdrawn at Town Meeting. Motion by Alberto Angles, 2nd by
48 Richard Rowen to take unfavorable action on Article 47, vote was unanimous 5-0.
Planning Board Minutes
April 4,2000
page 3
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3 #48 Roadway Acceptance—Chatham Circle and Nantucket Drive. (Withdrawn) Motion by
4 Alberto Angles, 2"d by Jack Green to take unfavorable action on Article 48 vote was
5 unanimous 5-0.
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8 #49 Roadway Acceptance—Glenore Circle. And Article #50 Roadway Acceptance--
9 Berrington Place. Board stated to combine Article 49 and Article 50. Board recommend we
10 continue this until the April 18th PB meeting because there is a drainage easement issue. i
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13 INFORMAL DISCUSSIONS:
14 1. Sign Mylar- Board to sign mylar for Redgate Realty Trust, 4 lot subdivision located off of
15 Salem Street. Board agreed to sign Mylar later this evening.
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18 2. Sherwood Drive issue with completion of roadway- Second Notification Letter sent to Jr,
19 Janusz on March 28, 2006 via Certified Mail. Board recommends we wait 20 more days to
20 hear from Mr. Janusz, if we don't hear from him then we seize the bond and have the road
21 fixed.
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23 3. 123 Brentwood Circle—Scott Giles to discuss construction of addition located 200+ feet
24 from an isolated wetland in the Watershed Protection District, Mr. Giles was present at the
25 beginning of the meeting, however, left before this discussion could be heard. Lincoln stated
26 123 Brentwood Circle lies within watershed. Isolated wetland within 200' wetland specialist
27 said wetland had no connection to the watershed at all. Board stated for Lincoln to get a
28 statement from our Con/Com Dept. stating the situation. if Con/Com agrees with the finding
29 then the home owner doesn't have to gat a Watershed Special Permit,
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32 4. Arthur's Corner Pizza, 1060 Osgood Street. Lincoln spoke with the Attorney for the
33 owner of Arthur's Corner Pizza. At a previous Planning Board meeting the Board wanted the
34 owner to move some of the parking spaces in order to create a wider lane for vehicle traffic.
35 Apparently the Attorney sent a letter to Chief Dolan stating his client would lose 6 parking
36 spaces if he changed his plan of land. Board stated that Lincoln should get a letter from Dr.
37 Samuel's who is the owner of the plaza stating that he is in favor of the idea of this drive thru.
38 Let Arthur know he has to come back in front of the Board on the 18th. Continue this until the
39 Apirl 18'11 PB meeting.
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42 5. Dental office, 1060 Osgood Street. There is a request from Dr. Charles Beliveau, dentist, to
43 open a dental office at 1060 Osgood Street. The issue was presented by Lincoln that Dr.
44 Beliveau submitted a Site Plan Review Special Permit application. However, after reviewing the
45 information the Board stated a Special Permit would not be required as there is no issue with the
46 size of the project or parking requirements. Board doesn't need to have this new tenant come
47 back to the Board for any reason.
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Planning Board Minutes
April 4,2006
Page 4
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2 PLANNING BOARD "OLD BUSINESS".
3 House at corner of 1.14 and Peters Street---Board asked Town Planner to learn more about the
4 construction/repairs being completed to the single-family home. They have permits to renovate
5 the existing single family home, will this be a business or not, we don't know, we will monitor
6 the area see if anything changes. Maybe Gerry Brown, Building Inspector, should drive by and
7 check out the situation.
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10 Repairing Summer Street - Charlie Carroll to submit a letter to the Board containing date to
11 rectify the road related issues. Received letter fiom Mr. Carroll dated March 28, 2006. Chair got
12 a call from subcontractor who did the repair work on Summer St,however, the PB feels the
13 street is still in disrepair. Board read Mr. Carroll's letter stating when the repair will be done.
14 Board stated to make sure that any repair work would have to be witnessed by the Town Planner
15 or the DPW in order not to end up with roads that are atrocious. Add this wording into the
16 environmental monitor section of the decision that he has to monitor the road close up and repair.
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18 Ace Hardware area—various amounts of debris blowing into detention pond,how can the PB
19 get this situation cleaned up? Whoever owns the plaza should clean up. Find out if the Town
20 owns the pond and get DPW to clean it up. Plaza should police their own area as an obligation to
21 clean up their own site. Work with the Building Inspector to get this done. Add a clause that
22 requires property owners to clean up their own property.
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25 CONTINUED PUBLIC HEARINGS:
26 Lot 1, Great Pond Road, Watershed Special Permit. Constriction single-family residence
27 w/pool. First meeting date March 7, 2006. Received 2"d and final VHB review on 2129106.
28 Applicant received variance from ZBA on 3114/06. Decision due May 31, 2006. Engineer from
29 New England Engineering question regarding amount of clearing. Maximize the amount of
30 buffer zone. Inflators used for roof runoff, detention pond for runoff. All runoff measure is put
31 in place. Reports of environmental monitoring will be done by Ben Osgood. PB finds this
32 property doesn't seem to be a problem it's pretty flat. Board members Green and Rowen and
33 Nardella walked the site and agreed it's pretty flat. Replant 20+ evergreen trees on this lot per
34 ZBA and landscape in front of detention pond. All changes from VHB review have been
35 incorporated into the plan presented tonight. Chair mentioned that everything we do goes thio
36 VHB maybe we should explore other options. Lincoln should consider the option of giving work
37 to other consultants. Motion by Richard Rowen, 2"d by Alberto Angles to close this public
38 hearing and draft a decision, vote was unanimous 5-0.
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41 Time now is approximately 10:15 PM.
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43 MINUTES: Approve the March 21, 2006 "Minutes". Upon a motion by Richard Rowen, 2"d
44 by Alberto Angles to approve the March 21" Minutes as amended tonight, vote unanimous 5-0.
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Planning Board Minutes
April 4,2006
Page 5
I UPCOMING PLANNING BOARD MEETINGS:
2 ■ April 18, 2006—Regularly Scheduled Planning Board Meeting
3 ■ May 2, 2006—Regularly Scheduled Planning Board Meeting
4 ■ May 8, 2006—Annual Town Meeting
5 ■ May 16, 2006— Regularly Scheduled Planning Board Meeting
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7 Motion by Jack Green, 2nd by Alberto Angles to adjourn tonight's meeting vote unanimous 5-0
S meeting adjourned at approximately 10:30 pm.
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10 Not: Jack Green may be out of Town on April 18th.
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14 By order of the Planning Board
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18 Approved
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Planning Board Minutes
Apri14,2006
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