HomeMy WebLinkAbout2006-11-21 Planning Board Minutes NORTH
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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 "Minutes of the Meeting"
7 November 21, 2006
8 Town Hall, 120 Main Street
9 7:00 PM
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13 Members present: Richard Nardella, Chairman
14 John Simons, Vice Chairman
15 Richard Rowen
16 Jennifer Borax-Kusek
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19 Member absent: Alberto Angles
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21 Staff present: Lincoln Daley, Town Planner
22 Mary Ippolito, Planning Assistant
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24 Chair called the meeting to order at approximately 7:10 pm and stated that Alberto Angles will
25 not be present for this meeting. Chair announced the following postponements:
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28 POSTPONEMENTS:
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30 Joe Levis, 1003 Osgood Street, Map 35, Lot 50. Modification to the approved Site Plan Review
31 Special Permit and Watershed Special Permit to relocate the access roadway, parking lot re-
32 configuration.Applicant wishes to continue to the December 5, 2006 Planning Board meeting.
33 Waiver is on file with the Planning Department.
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36 Bonny Realty Trust Amy Constantino, Trustee, 12 Bonny Lane, Map 62, Lot 41.
37 Watershed Special Permit to construct a single-family dwelling with attached garage, driveway,
38 and associated utilities within the Non-Disturbance and Non-Discharge Buffer Zones of the
39 Watershed Protection District.Applicant wishes to continue to the December 5, 2006 Planning
40 Board meeting. Waiver is.on file with the Planning Department.
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43 Chair moved to "Old Business" and announced the following bond requests:
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Planning Board
Minutes of the Meeting,November 21,2006
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1 PLANNING BOARD "OLD BUSINESS":
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3 Bond#1 W.T.F. LLC Hangar Project,Lawrence Airport,Marr Scott- $2,000.00 bond.
4 Lincoln stated that an as built and a letter from applicants engineer was submitted, Chair reviewed the as
5 built and found it satisfactory. Motion by Richard Rowen,2nd by Jennifer Kusek to release and close out
6 the amount of$2,000.00 to Mark Scott the applicant,vote was unanimous.
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9 Bond#2 Napoli Trucking facility,Clark Road,Louie Napoli,$5,000.00 bond.
10 Lincoln explained that an as-built and letter from the applicants engineer was submitted, Chair reviewed
11 the as-built and found it satisfactory, motion by Richard Rowen, 2"d Jennifer Kusek, to release and close
12 out the bond to Mr.Napoli,vote was unanimous.
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15 Bond#3 Abbott Village subdivision,Ben Osgood Sr.
16 Recommended release Phases $7,100.00 bond
17 Recommended release Phase 2 $6,300.00 bond
18 Recommended release Phase 3 $45,150.00 bond
19 Lincoln explained the releases to the Board and that the total amount to be released is $58,550.00. Motion
20 by Richard Rowen, 2nd Jennifer Kusek to release Phase l for$7,100.00; Phase 2 for$6,300.00 and Phase 3
21 for$45,150.00 to Ben Osgood Sr., vote was unanimous.
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24 Bond#4 Long Pasture subdivision, Stephen Crowley-Recommended bond release$40,000.00,
25 Lincoln stated that he visited this site last month,DPW recommended release of 40K and keep $1 OK in
26 account. A proposed detention pond located in the back of the property is in question. Chair wants to
27 postpone this until the next PB meeting of December 5, 2006 and requested that Mr. Stephen Crowley
28 attend the meeting to address this issue. PB agreed to not release this bond tonight.
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32 Bond#5 Berrington Estates subdivision, Charlie Carroll- close out bond$100,000.00.
33 Lincoln stated that Charlie Carroll,developer, went for Street Acceptance in May of 2006 and that the
34 entire road is completed. Motion by Richard Rowen, 2nd by Jennifer Kusek to release and close out the
35 bond for$100,000.00 vote was unanimous. Board signed the Mylar for Berrington Estates(Place)and
36 Glenore Circle tonight(mylar will then be sent to BOS for their signature and then to Town Counsel for
37 recording).
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41 Please note that John Simons arrived at approximately 7:23 pm.
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44 DISCUSSION:
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46 Jack Hashem, Lisa Lane, Map 98A, Parcel 75--Two-Lot Definitive Subdivision. A waiver of time
47 constraints is on file at the Planning Department. Applicant Wishes to Withdraw Without Prejudice.
48 Lincoln stated that Mr. Hashem is trying to negotiate w/abutters to purchase land it's taking more time than
49 he expected, therefore,he's withdrawing his application without prejudice tonight. William D'Adamo,
50 abutter was present tonight and asked why this was not withdrawn with prejudice? Chair explained that
Planning Board
Minutes of the Meeting,November 21,2006
Page 2
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I Mr. Hashem's explanation of why he wishes to withdraw without prejudice is acceptable and that
2 it's not their policy to force applicants to withdraw with prejudice. Motion to accept Mr.
3 Hashem's request to Withdraw Without Prejudice by Richard Rowen, 2nd by John Simons, vote
4 was unanimous to allow applicant to withdraw without prejudice.
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8 DISCUSSION:
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10 40R update
11 Lincoln gave an update to the PB for the concept of the 40R project that is to encourage more
12 development at Lucent properties, which is approximately 37 acres. PB working to create overlay
13 language and design criteria to dictate how this will look and fit into the community. PB right
14 now is finalizing language for design criteria. Work with developer to finalize language hopefully
15 by next week. Summary of usages and regulations have been worked on, dimensional setbacks
16 requirements have been worked on also. PB wants to sit down with the developer, finalize the
17 language and then send language to the State for their approval. Chair stated, for the record, that
18 he wishes to thank Lincoln for his excellent work on this project and that the PB is pleased with
19 his work. PB wishes to meet next Wednesday or Thursday evening on this project. Lincoln to
20 send document to the PB for their edits by e-mail and PB will send their ideas back so the
21 developer can have their input.
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25 CONTINUED HEARINGS:
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27 1. Juniper Woods Realty, LLC,Juniper Woods, Map 108A, Parcel 2--8-Lot, Single-
28 Family Definitive Subdivision and Planned Residential Development. First meeting date:
29 August 1St. Decision due: Nov. 10, 2006. Applicant wishes to continue to the December 5,
30 2006 Planning Board meeting. Per request of engineer who wishes for a discussion only with
31 the PB at tonight's meeting of November 21, 2006.
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33 Stephen Stapinski, Engineer, was present along with Chris Huntress and Atty. Magnatti who
34 was representing Mr. Barbagallo the applicant and owner. VHB will have their review in
35 time for the Dec 5th meeting. Chair announced that Jennifer Borax-Kusek would not be
36 voting on this project. PB will have to back off on this request for discussion only because '),A
37 PB wants an extension submitted until the middle of January 26, 2007. Motion by John
38 Simons to accept the existing request to continue to Dec. 5th, 2006 and to accept a further
39 continuation request to continue until January 26, 2007 and to fax it over to the Planning
40 Department by tomorrow, 2nd by Richard Rowen, vote was unanimous.
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42 ACTION ITEM•
43 Chair requested that the Planning Department send a letter to Town Manager requesting that
44 an additional Planning Board member by brought on. 1f the TOWN expects applications to be
45 heard in a timely manner then the PB needs one more member on the PB in order to do so.
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Planning Board
Minutes of the Meeting,Novenber 21,2006
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2 PUBLIC HEARING:
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4 2. Steve Sullivan & Michael Faster - 163 Main Street, Site Plan Review Special Permit,
5 raze existing dwelling and rebuild new Insurance Agency.
6 Atty. Scalise was present and stated that Mr. Sullivan and Mr. Foster currently run the
7 insurance agency on Waverly Road. The applicants propose to replace the existing dwelling
8 at 163 Main St. by constructing an office building. Applicant meets parking requirements,
9 proposes that the building will be moved back to 28 feet from the road., and has issue w/ZBA
10 for dimensional relief TRC meeting was done on this application, Town informed applicants
11 to put minimum parking spaces required. Talk w/abutters regarding screening on property,
12 put a fence on North side to shield from car lights, add additional plantings to South side.
13 Project was reviewed by VHB and proposed building will enhance the look of the area.
14 Building will be sprinkled; it's zoned for G-B; proposed hours of operation are 8:30 AM—
15 4:30 PM, no residential use associated w/this structure. This is non-conforming pre-existing
16 for approximately 155 plus years. Lincoln to check out if the pre-existing non-conforming
17 use still applies to this property since this property is changing the use to business from
18 residential. 12 parking spaces are provided on the plan, no plans to rent out any portion of
19 the building. Applicant made good effort to talk with abutters, a proposed white vinyl fence
20 is proposed on abutter side, screening of green area is proposed to satisfy abutters, no
21 dumpsters are proposed on site,back part of property will serve as storage area for snow pile
22 removal, proposed down cast lighting via lamp post near fence, VHB needs to submit their
23 continents in time for Dec. 5th meeting. Drainage has been proposed so that no more flow
24 would go onto Main St. Chair stated to look at item#19 traffic impact study,This SHOULD
25 NOT impact etc. fix traffic study wording.....proposed catch basins should catch rain water
26 from roof, John Simons wants input from the Historical Society and Historical Commission,
27 get their input stating that this property is not on an any historical register. Make sure the
28 fence is a white picket fence; eight(8) employees will work in the building, however, why
29 hot top the entire back portion of the building for extra parking space if this isn't necessarily
30 the best purpose? Dave McGregor 161 Main St, abutter was present why do they need an
31 extra 4 parking spaces? What is the height of the proposed structure, this is less than 45 feet,
32 approximately 36 % feet. Is drainage adequate for heavy rains? Drainage study goes to
33 storm water engineer for his comments. Lisa Loosijian, 42 Second Street, abutter, stated that
34 the property is lined with tall trees, are the trees going to be removed? Engineer stated that
35 there are plans to remove the over hang on the trees located in front, he'll remove the sick
36 dead looking trees also, PB wants him to submit a plan showing all of the trees and also the
37 trees that will be removed and tell PB about planting extra trees. Barbara Rea, 171 Main St,
38 abutter,her condo is located under ground adjacent to proposed Insurance Agency. Her
39 windows are located only one foot above ground level and she was concerned that her
40 windows will be covered if they put barriers up. Engineer stated that additional plantings
41 would be about 20 feet from her window, and at the grade at the property line would not
42 change.. Atty. Scalise proposed to place plantings or a hedge in order to enhance her view.
43 Ms. Rea's other concern is will they back up their cars onto her property? PB stated no they
44 can't do that, PB wants applicants to use a low privet hedge etc. Lincoln to check out the
45 setback from abutters existing structure to Mr. Sullivan's proposed structure, Mike Foster
46 stated that Gerry Brown, Building Inspector, advised him to push the building back and make
Planning Board
Minutes of the Meeting,November2l,2006
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1 it conforming, the abutter stated he would be fine if they moved it forward by 5 feet. Atty.
2 Scalise stated he would need to request a modification to the ZBA decision to move the
3 building forward 5 feet instead of the approved ZBA decision of moving the building back 5
4 feet.
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7 PUBLIC HEARING:
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9 3. Rice North Andover LLC.—Rte. 114, Waverly Road (next to Walgreen's) Special
I0 Permit for a proposed retail pet store etc. Atty. Vincent Manzi, 59 Jackson St., Lawrence,
1 I is representing the applicant for a SP for retail use in this 2nd retail building that was
12 previously approved during the Special Permitting for Walgreen's. Atty. Manzi stated that
13 Petco a pet store would acquire the building for the use of a retail store supplying pet food,
14 supplies, birds, reptiles and vet services. A letter from Gerry Brown, Building Inspector,
15 stating that these uses do comply with retail uses under a commercial district. Chair advised
16 to put the minor changes in the language of the Special Permit decision. There are minor
17 changes to review regarding dimensional changes to the sidewalk. Petco hours of operation
18 are Sunday 10:00 AM---6:00 PM, Monday thru Saturday 9:00 AM-9:00 PM,however, extend
19 their hours during holidays. Chair stated that when this applicant was previously approved
20 for a SP why did this applicant have to come back:in for the same SP approval? Lincoln to
21 put this on a to do list regarding streamlining processes. Michael Cassidy, Engineer was
22 present, explained that they have Petco as only a single tenant now, instead of several tenants
23 sharing the building space, take the same pattern and take it around corner on the new
24 location of entrance on submitted plan. Sidewalk will be 8 inches wider now, take a couple
25 of inches off the islands to do this, submit this to Lincoln for his perusal. Give Lincoln
26 another letter from Bohler Engineering regarding the parking spaces. Put the hours of
27 deliveries into the SP decision. Project should be completed in April or May of 2007.
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30 DISCUSSION:
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32 12 Bonny Lane, PB asked about the trust issue for 12 Bonny Lane. Lincoln will check this out in
33 time for next PB meeting. Issue of joint ownership. PB requested that the Bonny Lane applicant
34 appear at Dec. 5th PB meeting.
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37 DISCUSSION:
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39 Applicant may be arriving late this evening, requested to be placed at end of agenda.
40 Mr. Colletti, Riverview Subdivision - 3 lots—Applicant was not present for a discussion this
41 evening.
42 Lincoln stated that the developer revised the subdivision plan and is now waiting for DPW's
43 review there is a problem with an easement from abutter's property. PB stated they recalled an
44 issue with the preliminary subdivision plan submitted with the intent that water rises and pours
45 into proposed basement, PB has issue with property located in flood plain etc, PB wants Lincoln
46 to scrutinize this plan before the submittal of a definitive subdivision.
Planning Board
Minutes of the Meeting,November 21,2006
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4 MINUTES:
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6 Approve"Minutes" for October 17, 2006
7 Motion by Richard Rowen, 2nd by Jennifer Kusek to accept the"Minutes"of October 17, 2006
8 vote was unanimous "Minutes approved".
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11 Motion by Richard Rowen, 2nd by John Simons to adjourn tonight's meeting at approximately
12 9:00 pm, meeting adjourned.
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17 UPCOMING PLANNING BOARD MEETING INFORMATION:
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19 ➢ December 5, 2006.
20 December 19, 2006
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24 By order of the Planning Board
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28 Approved
Planning Board
Minutes of the Meeting,November 21,2006
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