HomeMy WebLinkAbout2007-02-06 Planning Board Minutes µoF7"
3
��Ssacna5�t�5
4
5
6 TOWN OF NORTH ANDOVER
7 PLANNING BOARD
8 Minutes of the Meeting
9 February 6,2007
10 Town Hall, 120 Main Street
11 7:00 PM
12
13 Members present: Richard Nardella, Chairman
14 John Simons, Vice Chairman
15 Alberto Angles, Clerk
16 Richard Rowen
17 Jennifer Kusek
18
19 Staff present: Lincoln Daley, Town Planner
20 Mary Ippolito, Recording Secretary
21
22 Chairman NardeIla called the meeting to order at approximately 7:05 PM. Chair explained the
23 procedure to the assembly and stated that he would open the meeting by announcing the
24 postponements of the following two agenda items.
25
26 POSTPONEMENTS:
27
28 Joe Levis, 1003 Osgood Street,Map 35, Lot 50. Modification to a Site Plan Review Special Permit to
29 relocate the access roadway and parking lot reconfiguration. A Waiver Request Form is ort file until
30 February 28, 2007. Lincoln to verify what date original decision will expire. Chair cloesn't want Mr.
31 Levis to experience a hardship by not subnnitting his plain in a timely fashion.
32
33 Bonny Realty Trust/Amy Constantino,Trustee, 12 Bonny Lane,Map 62, Lot . Watershed Special
34 Permit to construct a single-family dwelling with attached garage, driveway, and associated utilities
35 within the Non-Disturbance and Non-Discharge Buffer Zones of the Watershed Protection District.
36 Applicant was heard at the January 24, 2007 Conservation Commission public Hearing. A Waiver
37 Request Form is on file until February 27, 2007.
38
39
40 Chair announced the following discussion items.
41
42 DISCUSSIONS:
43
44 Bond Releases:
45 1. Henry Kucharzyk, Lot 20A Bridle Path - Watershed Special Permit for the construction of a
46 single-family residence. Requesting bond release of a performance in the amount of$3,000 plus
47 accrued interest. Lincoln stated that the as-built and letter from engineer was submitted. Tony
48 Capachetti, Engineer for Christiansen & Sergi was present and stated if applicant had to repave the
Planning Board
M mutes of tite Mceting
February 6,2007
Page I
I driveway possibly the driveway would get destroyed. Chair stated that the issue w/snow plowing or
2 repaving should be shown on the as-built. For the record,there is no berm on the as built. Motion by
3 Richard Rowen, 2"d by Alberto Angles to closeout and release the bond for$3K,vote was
4 unanimous.
5
6 2. Mary Ellen liiennessy McDermott, 180 Marbleridge Road - Watershed Special Permit to construct
7 a 583 s.f. addition with brick pavers. Requesting a bond release of a performance bond in the amount
8 of$2,000 plus accrued interest. Lincoln stated that a letter from engineer and as-built was submitted
9 and that this is small project. Motion by Alberto Angles, 2"`t by Richard Rowen,vote was unanimous.
10
11 Requesting a Waiver from SP Review SP:
12 3. Lisa Medeiros,67 Main Street, requesting to open a Dog grooming business,requesting a waiver
13 from a site plan special permit. Lincoln stated this is a request for a change of use from the"Pie Guy"
14 to a dog grooming business. PB asked if this requires and Site Plan Review Special Permit, Lincoln
15 stated that based on the following information this only requires a waiver. There is no change in the
16 footprint nor is there any change in the parking requirements. There will be no overnight stay of
17 animals. This is drop off and pick up of animals only, maximum of 2 employees only, he
18 recommends a favorable waiver.
19 Please note: John Simons arrived at 7:22 pith.
20 Lisa Medeiros was present and stated that there may be parking spaces located in the back of the
21 store,there is a drop off area in the driveway, she's hoping to gain more parking spaces from the
22 existing businesses in the area. The Board was satisfied that this discussion constituted an informal
23 site plan review. Motion by John Simons,2"d by Jennifer Kusek to waive a Site Plan Review Special
24 Permit for purposes of allowing a dog grooming business, vote was unanimous.
25
26
27 Discussion:
28 4. Steve Foster,Lcom,Lot 2 Beechwood Hill,requesting to place cooling units on roof top of one
29 story office building. Site Plan approved in 1996 at that time abutters didn't want any noise with any
30 kind of units, see condition 4D, mechanical units must be placed on ground not on roof, see decision.
31 Lincoln stated that he wants to amend this decision to place units on roof top now. Steve Foster was
32 present. Building is tip and existing today. Units are presently located on SE side of building and
33 operating since 1996. He did a sound/noise study before and after construction and he's in
34 compliance w/MASS sound levels. This is energy efficient if applicant can place units oil rooftop
35 where they are needed. Units would be placed 250 feet from nearest resident and edge of building.
36 State of art equipment,therefore, no issue with noise. Units will be visible on roof top as roof is only
37 pitched for drainage. PB stated that roof top units over time make a lot of noise; these units were put
38 on the ground for a reason, now there is a dumpster and emergency generator located where the units
39 could be placed on the ground area. Building is 16 feet high,just move the dumpster then there is
40 room for the units. PB feels this is an incomplete presentation tonight. PB stated that noise is being
41 buffered by the building now. 1f you put them on roof top then there is no buffering of noise. Why
42 not move dumpster? Mr. Foster stated that the site is getting tight. The Board suggested adding some
43 sort of sound attenuating parapet if the units go on the roof. PB wants Mr. Foster to bring back
44 something written by a sound/noise consultant stating that there is no increase in noise being
45 generated by putting the units on the roof top and bring in a visual of how the units will look on the
46 rooftop.
47 CONTINUED PUBLIC HEARING:
48
49 5. Juniper Woods Realty,LLC,Juniper Woods,Map 108A,Parcel 2—8-Lot, Single-Family
50 Definitive Subdivision and Planned Residential Development. First meeting date: August 1, 2006.A
Planning Board
Minutes of sire Meeting
February 6,2007
Page 2
I Waiver Request Forrn is on file until Februaty 20, 2007. Lincoln stated the engineering reviews dealt
2 with the intersection of Salem Street and the subdivision. Gene Willis, DPW Engineer submitted a 4"'
3 review and Steve Stapinski, Engineer is here to speak on these issues. Mr. Stapinski prepared the
4 plan of land, Chris Huntress prepared the landscaping plan, and Mr. Barbagallo is the applicant. He
5 did receive a review from VHB indicating that comments were addressed. Mr. Willis will make
6 further comments and other items came tip also. Only one comment has not been addressed by Mr.
7 Stapinski lie has to meet DEP jurisdiction. The storm scepter is the responsibility of residents. Atty.
8 Ricnante is present.
9
10 Please note: Jennifer excused herself in all matters pertaining to this application as she is an abutter.
11
12 Mr. Stapinski explained slope and entrance to subdivision and drainage. See sheet 4 upper left corner
13 see .I foot contours for design of roadway intersection, it's impossible for drainage of roadway to
14 enter into Salem Street gutter. Replace 12 inch drain pipe with 15 inch pipe. How long is intersection
15 going to be dug Up? Mr. Stapinski developed traffic management specifications regarding policy
16 details necessary and meeting the contractor& DPW and Police and Fire to assure there will be
17 access to residents on Salem St. so that it would not result in a problem. Make sure Town Engineer
18 knows when they will start work, when will road be open, get construction phasing schedule. Will
19 extend water main about 900 feet up to site. Benefit people in area who want to tie into sewer
20 system. PB asked what open space is? It will be held by homeowner's association and must remain
21 as passive recreational use. They have responsibility to main drainage structures in perpetuity.
22 Common open space only on individual lots? Mr. Huntress stated that sone of the open space is on
23 individual lots. Mr. Huntress has not changed the landscaping plan since the first presentation.
24 Monitor the feed mix and rework the fabric and if it's seeded at right time of year it's a successful
25 project. PB wants this project monitored closely. Letter 12127 with conditions listed submitted by
26 Attorney. PB stated he will be on vacation for the Feb. 20'1' PB meeting. Atty. Ricnante stated he
27 wants to take title on March 6, 2007. PB agreed to keep this meeting open until March 6.2007. PB
28 wants to know how open space is calculated? Issue of how to use open space isn't clear. Chair will
29 add language to this subdivision. Does all open space allotted in a PRD become common open
30 space? Refigure what open space is and define it in our bylaw. The Planning Department has a
31 conventional subdivision plan on file. Keep this open until March 6, 2007.
32 Motion by John Simons, 2°d by Alberto Angles to accept extension until March 20, 2007, vote was
33 unanimous. 4-0.
34
35 Jennifer Borax-Kusek asked will there be any blasting and what cautions are being taken, she still
36 hasn't heard what the construction phasing is going to be. Chair stated to make sure DPW monitors
37 this. Mr. Stapinski stated there will probably be blasting; there are large boulders and Town
38 regulations are in place that require pre blast survey. Salem Street will be about 2 %2 weeks of
39 construction. What area of project will be blasted? At deepest point of the cut at bend of roadway,
40 they may not have to blast for the road but may have to for the sewer.
41
42
43
44 6. Donald & Debra Stanley,58 Country Club Circle,Watershed Special Permit. Construct a 3-stall
45 garage at end of existing driveway in Non-Disturbance zone. Meeting continued front January 16,
46 2006 Applicant will be heard at February 20ZBA tneeting for a Variance request. A Waiver
47 Request Forrn is on file until February 13, 2007.
48 Craig Dolan, Engineer was present and went over the plan of land stating this is a project to
49 construct a 3-stall 24'x36' garage to be located at end of existing driveway. He did address all of
50 VHB's concerns. PB addressed the review with Mr. Dolan. edits....File ail additional deed restriction
Planning Board
MillUtes of the Meeting
February 6,2007
Page 3
u'
I into existing deed done by applicant. .....organic only fertilizers...look at original decision and see
2 what deed restriction is...take out reference to Bridle Path in decision...there is no expansion to
3 living space.....amplify comments about deed restriction....3C will be connected to infiltrators as
4 shown on the plan. Motion by John Simons,2"d by Alberto Angles to close the Public Hearing, vote
5 was unanimous.
6
7 Motion by John Simons, 2"d by Jennifer Kusek to approve a Watershed Special Permit for 58 Country
8 Club Circle, as amended tonight and to put into the decision that a variance has been granted (first)
9 vote was unanimous 5-0.
10
11 8:30PM Executive Session:
12
13 Chair stated that the North Andover Planning Board for purposes of discussion regarding a litigation
14 issue of Mr. Plisinski will go into Executive Session.
15 Roll call: 1, John Simons vote to go into Executive Session
16 1, Jennifer Kusek vote to go into Executive Session
17 1, Richard Rowen vote to go into Executive Session
18 1, Alberto Angles vote to go into Executive Session
19 1, Richard Nardella vote to go into Executive Session.
20 Vote was unanimous:
21
22 Planning Board duly voted to come out of Executive Session at 8:45 pm on February 6,2007,
23
24
25 Chair announced that the Board would hear the following public hearing:
26
27 PUBLIC HEARING:
28
29 7. GFM General Contracting Corp., 1812 Turnpike Street, Site Plan Review Special Permit.
30 Construct 25,909 s.f. retail/office building within General Business zoning district.
31 Atty. John Smolak presented and stated that this project contains 2 acres located on N. side of Rte.
32 #114, just after the Equestrian Shop. Sheds are located on this area now. Property is located within
33 G-B district permitted by right. Retail on ground floor, 2"d floor will be offices. New landscaping
34 proposed. Main access off of Rte. # 114. Two secondary accesses off Berry Street. Retaining walls
35 are less than 4 feet high. 4 foot chain link fence proposed on top of retaining wall. Walls along Berry
36 Street 2 feet high. Walls will continue around the rest of the property. Water corning in from back of
37 Berry Street, telephone, electric and cable brought in. Brian O'Donnell, Architect presented. Goal is
38 to develop a traditional building, develop exterior of this building in coordination with the rest of the
39 Town. First level is 11,000+s.f.,2"`r level less than 10,000+s.f., third level is attic,total just under
40 25,909 s.f. Automatic sprinkler system, masonry walls, interior steel-w/concrete second floor, roof
41 prefab trusses. Attic is for storage. Elevation is brick, stone, stucco, roof asphalt shingles, South
42 faces Rte. #114, and entries to stores are in a covered walkway. 2"d level has a corridor behind it&
43 will service offices, has a porch like appearance to reduce height of building. Chair wants applicants
44 to know they are locked into 1,000 s.f. for parking for restaurant. You can't have 2K s.f. for a
45 restaurant environment, applicant should think about this. PB does not normally put chain link fences
46 on top of retaining walls; use an alternate material such as vinyl, more decorative type fence. Site is
47 low and accumulates a great deal of water. If you rise tip the site higher than it is today what will this
48 do to drainage? Engineer should bring in graphic of site to explain how this drainage system works.
49 Grassy area located in front, there will be a retaining wall and fence at this grassy area. PB asked did
50 you look at low impact designs to control storm water runoff? No... Engineer stated DEP looking
Planning Board
MillUteS of the Meeting
February 6,2007
Page 4
1 for recharge underground system. PB stated see the corner between two parking areas that doesn't go
2 all the way thru -why are they not connected? Engineer...this is 25 foot of no-disturbance&he's
3 staying out of no-disturbance zone. Atty. Srnolak stated this site was used by native species, Blanding
4 turtle are endangered, and applicant did get an ORAD from Con/Com in September and in October
5 maps changed. Discussions and decision to move this as far away from resource area because of
6 endangered species. PB asked why didn't TRC meeting send comments about accessibility around
7 building for fire truck? Hancock Associates were happy with limits of wetlands and delineation line.
8 PB asked where will the signage be located? Ground mounted sign 10 feet from property at Rte.
9 #114, & 6 feet high. PB asked can you see location of durnpster from Berry Street? Tried to put in
10 place for truck to pick up dumpster regardless of the time of day. Screening material and vegetated
11 screening to be done by Mr. Huntress. Mr. Huntress addressed sight lighting...series of 7 poles
12 through out parking lot 12 feet high. Maybe get some goose neck lights. 15 trees spread out on site.
13 PB wants to see more landscaping in front of building.No gas stations are allowed to go on this site.
14 PB doesn't like the palladium window and at the same time mixed with dormers. Dermott Kelly,
15 traffic Engineer stated that he did a standard traffic study counted traffic for 48 hours, 21,338 cars per
16 day. See traffic study. Convenience market 160 trips during evening and 1600 total trips during day.
17 PB wants engineer to consider over head street lighting.....have something shine on
18 intersection....VHB comments show site triangle on plan....Engineer didn't do accident data, because
19 proposed driveway is not there. He will provide accident survey report based on an 1800 block area.
20 He calculated 1400 cars less daily based on his findings of previous car count. Consider mitigating
21 regarding the cut thru from Berry to Rte. 114. ..look at previous application for acceleration/de-
22 celleration...will there be any likelihood that there will ever be more traffic lights? PB wants to know
23 what he's going to do in terms of adding lanes because it's going to be hard to get off Rte. 114 into
24 this building if both sides of the cut thru have vehicles located there ready to take their turns onto Rte.
25 114. PB stated look at inside site as well as outside of site for pedestrians to travel,take a look at
26 this....do striping of parking lot for people to cross or walk along with striping....make the West side
27 across to Berry Street access more inviting.
28
29 MINUTES
30
31 8. Approved the Minutes of the Meeting for January 16,2007.
32 Motion by Alberto Angles, 2"d by Richard Rowen, to approve the January 16, 2007 "Minutes",vote
33 was unanimous.
34
35 Chair stated that Lincoln did a great job helping with the writing of the bylaw etc, his analytical
36 comparisons were excellent, and Chair thanked Mary as they couldn't have done this without her help.
37
38 Motion by John Simons, 2"`r by Richard Rowen, to adjourn tonight's meeting at approximately 1.0:15 pin
39 vote was unanimous meeting adjourned.
40
41
42 UPCOMING PLANNING BOARD MEETINGS:
43 February 20, 2007
44 March 6, 2007
45 March 20, 2007
46
47
48 By order of the Planning Board
49
50
Planning Board
Minutes of the Meeting
February 6,2007
Page 5
r "
1
2
3 APPROVED
4
5
6
7
S
9
10
11
12
13 Note; The Planning Board reserves the right to take items out of order and to discuss and/or vote on
14 items that are not listed on the agenda,
15
Planning Board
Minutes of the Meeting
February 6,2007
Page 6