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HomeMy WebLinkAbout2007-03-20 Planning Board Minutes aF KoerH A 1 ` " 3 9SSacHUS�� 4 TOWN OF NORTH ANDOVER 5 PLANNING BOARD 6 "Minutes of the Meeting" 7 March 20, 2007 8 Town Hail, 120 Main Street, 2"d floor conference room 9 7:00 PM 10 11 12 13 Members present: Richard Nardella, Chairman 14 John Simons, Vice Chairman 15 Alberto Angles, Clerk 16 Richard Rowen 17 Jennifer Kusek 18 Timothy Seibert, alternate member 19 20 21 Staff present: Lincoln Daley, Town Planner 22 Mary Ippolito, Planning Assistant 23 24 Acting Chairman John Simons opened the meeting at approximately 7:10 pm and 25 announced the following postponements: 26 27 POSTPONEMENTS: 28 29 GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47.- Site 30 Plan Review Special Permit-. Construct 25,900 s.f. retail/office building within General 31 Business zoning district. PB asked engineer to add more information to the site plan. Waiver on 32 file until April 10th. Requested to be heard on April 3. 33 34 San Lau Realty Trust, 109-123 Main Street, Map 29, Parcel 48 -Site Plan Review Special 35 Permit. Proposed renovation of existing Messina's Shopping Center includes construction of 36 new buildings in the area of the existing market, retail pharmacy and liquor store. G-B zoning 37 district. Requested to be heard April 3. 38 39 Juniper Woods Realty, LLC,Juniper Woods, Map 108A, Parcel 2— 8-Lot, Single-Family 40 Definitive Subdivision and Planned Residential Development. First meeting date: August 1, 41 2006. Waiver on file until April 17. Requested to be heard April 3. 42 43 44 Peachtree Subdivision Drainage Discussion - Gene Willis, Town Engineer 45 46 Planning Board Minutes of the Meetitig March 20,2007 Page I i c 1 Acting Chair announced the following discussion item: 2 Mark Schwarz, Map 108C, Lot 9—General discussion to rezone property from its current 3 designation of Residential-2 to Industrial-1 to allow for light industrial uses. 4 5 Lincoln did an over head presentation highlighting the existing lot and surrounding properties. 6 Atty. Jill Mann was present and stated that she went back thru the master plan to obtain a more 7 suitable zoning district and use such as CDD2 for the proposed hockey rink (3 on 3) and to find a 8 better district and use to fit in with the Turnpike Street property. The permitted uses were listed 9 under the CDD2 Table 1 Summary of use regulations. She wants to place a request to rezone 10 Map 108C, Lot 9 into CDD2 on the Town warrant. This parcel is actually 3 lots, 240 feet at its 11 greatest depth, 700 feet of frontage, over 3 acres; benefit is this would allow for additional 12 recreational use to the community as a hockey rink. There is a parking lot located next to this 13 property which could allow the developer to connect to the hockey rink facility and provide 14 parking at the same time. Town owns the parking lot now, because this rink is 3 on 3 only 6 or 15 12 parents would be coming to the rink so this rink is a lot smaller than an adult size hockey rink 16 of 45 feet x 65 feet. Check setbacks on Rte.114 for CDD2. Atty. Mann advised the engineer to 17 draw a site plan for this property and show the retail/business office use and to look at what the 18 recommendation of the PB and BOS is. The applicant would clearly demonstrate what the area 19 will look like. PB will not recommend this applicant unless their Attorney submits an 20 engineering plan ahead of time so that the PB can see covenants, architectural style, how things 21 fit together on the lot. Atty. Mann will come back manned w/all these items prior to the PB 22 recommendation meeting. 23 24 RICHARD NARDELLA IS NOW PRESENT AND TOOK OVER AS CHAIR AT 7;35 PM. 25 26 John Waters, abutter, 2125 Turnpike St, was present and in opposition. Mr. Waters stated that 27 the parcels can be divided into three zoning lots within the R-2 zoning district. This allows for a 28 development lot for R-2 because the setbacks can easily be met even by putting a 70x 100 foot 29 house on each lot. Everything existing is in R-2 developed area right now. There is vacant 30 office space in Town right now which would be better used for applicant's office application 31 such as the many parcels located by the Equestrian Shop area which is zoned for office and 32 retail. The 3 on 3 hockey rink size would actually be more like 4 on 4 so there would be more 33 than 6 parking spaces taken up in the adjacent parking lot. Bottom line, this land is easily 34 developed to R-2 right now, every parcel is already developed as residential. He talked 35 w/abutters and they are concerned that this could be a non-residential parcel and don't want this 36 to happen and they do not support this project. 37 38 Mark Schwartz, potential owner of parcel, stated that he wants to work w/abutters and Town; he 39 wants to talk w/Mr, Waters. His stated that it would take an extensive amount of time to sell 40 properties in this neighborhood in order to build new residential structures and that it would cost 41 around$1 M dol lays to do so. 42 43 PB asked if this exact area is zoned for CDD1 and CDD2 now, isn't it better to take a Iook at this 44 in its entirety and overall lots and sizes, instead of doing only one parcel at a time. Lincoln to 45 look up and down the street to see what parcels are zoned for now and what he could play with 46 relative to the rezoning to add CDD1 or CDD2. Planning Board Minutes orthe Meeting Murch 20,2007 Page 2 I.. 1 2 3 Chair announced the next discussion item: 4 15 Windkist Farms Road, Form J lot release for lot 1. Attorney Arthur J. Broadhurst was 5 present. Motion by Alberto Angles, 2nd by Jennifer Kusek to vote to sign lot release for Lot 1 for 6 Windkist Farm Road, vote was unanimous 5-0. Lincoln to check if street was accepted at Town 7 Meeting. Board signed the lot release and Attorney Broadhurst took it w/him and agreed to send 8 the Planning Department a copy for the file. 9 10 11 Chair announced the next discussion item: 12 Edgewood Retirement Community—575 Osgood St., - R-2 zoning district. Proposing a 13 residential expansion to include construction of 27 cottage-style units, renovation of 3 barns 14 located on their campus, renovation and expansion of existing "Common" building and 15 rehabilitation unit"The Meadows". 16 17 Atty. Robert Lavoie was present on behalf of Edgewood. He wants to complete a pre-filing 18 process for our May PB meeting. He's met w/Curt and Lincoln previously, did a TRC meeting. 19 Property consists of 219 units approved in early 90's to allow aging in place, 219 units with 20 waiting list. Proposing independent living units which are not built on site yet. 19 acres w/barn 21 is conservation restriction. Lincoln outlined the 19 acres on the screen; the entire parcel is 22 surrounded by conservation land. Expansion of social day care program is on the agenda, 23 expand the Meadow's which is a 43 bed rehab facility used for more impaired memory patients. 24 Next project is to provide alternate dining casual atmosphere with simple meals. People of 77 25 years are active and part of the same program for entry fee and monthly maintenance fee. 26 Edgewood is a non profit organization and pays full taxes. Atty. Lavoie would agree to 27 renegotiate a new agreement w/the Town. PB has reservations w/project because what they were 28 told didn't happen with the original agreement. 29 30 Lincoln to highlight some of the wording in the original decision and send it to the Board. 31 They will file April for the May PB meeting. 32 33 34 Chair announced the next discussion items: 35 Town Warrant Articles—General Discussion 36 Lincoln stated that due to lack of response from applicants some may not be able to go forward 37 w/street acceptance at the May 14, 2007 Town Meeting. 38 The zoning articles were advertised in the newspaper and filed with the Town Clerk. 39 40 Please note: Richard Rowen will not be present at the April 3rd PB meeting. 41 42 43 Chair announced the following continued hearing: 44 Joe Levis, 1003 Osgood Street, Map 35, Parcel 50. Modification to a Site Plan Review Special 45 Permit to relocate the access roadway and parking lot reconfiguration, Waiver on file until 46 March 27'h. Lincoln submitted a memo and two decisions. Landscape plan and lighting plan Planning Board Minutes of the Meeting March 20,2007 Page 3 p I was submitted and satisfies the requirement of section 8.4 Watershed and Site Plan SP were 2 already put into decision for 1025 Osgood Street. PB went over the decisions, Joe Levis, 160 3 Pleasant St. stated that when he purchased the property he was told there was a soccer field but 4 that was rejected. The soccer field went away but covenant or restriction still is in place. The 5 exact location has not been specified yet regarding soccer field. Soccer field is included in the 6 original decision. Edits: put location of the conservation line of no build in square footage 7 into the decision now. Add to the decision "will review and approve it as submitted" into 8 the new decision regarding the conservation line. If Mr. Levis needs a few parking spaces 9 on the far right then it's ok w/PB to he flexible. Check the new decision and make sure the 10 parking spaces and dumpster area is added to decision. Slot in the bond amount. 11 Highlight the changes to the decision. 12 13 Motion by Richard Rowen, 2nd by John Simons to approve minor modification for a Site Plan 14 Review Special Permit, vote was unanimous 5-0. Timothy did not vote. 15 Motion by Richard Rowen, 2nd by John Simons to approve as modified this evening as outlining 16 the conservation and bond issue this evening, vote was unanimous 5-0. Timothy did not vote. 17 18 19 Chair announced the following public hearing: 20 Robert Maurer, 88 Johnson Street, Map 97, Parcel 2- Frontage Exception Special Permit in 21 R-3 zoning district. Proposing to subdivide existing 3+ acre parcel on Johnson Street, Phil 22 Christenson was present and stated that this is to create 3 lots on Johnson St. There is an existing 23 house and barn on 3 acres presently, has enough frontage on 2 lots, the middle lot is short of 24 required frontage in R-3. Applicant has met all of the requirements, an alternative is to develop 25 3 lots w/cul de sac and leave house and barn in place. Or, take down house and barn and create 4 26 lots instead. Mr. Maurer wants to build a smaller house now and get income from a 3rd lot. No 27 wetland on site, water and sewer on street, they feel this is better than doing a subdivision and 28 create a new roadway. PB looked at where the roadway would be placed if this were to become 29 a subdivision. Garage was added to the barn but it is going to be razed, it was not part of the 30 original plan. If applicant did nothing he could carve out one additional buildable lot. If he 31 chose to construct a short roadway then he could have three lots. PB worked w/a lot of people in 32 the library area regarding types of housing that could be built. Lincoln to look at this issue for 33 next year's Town Meeting. PB isn't delighted w/alternative of lot subdivision. Look at 34 Chestnut Street toward Andover St., PB approved two extra houses there 10-22 years ago; those 35 houses are the best looking houses around. PB wants to make sure what goes in there is keeping 36 w/the existing style of the neighborhood. 37 38 Robert Maurer moved to North Andover in 1962 and lived on Court St,, then moved to 88 39 Johnson St. 30 years ago. The house was uninhabitable and his father and he worked on the 40 house for one year before moving in. It was in terrible shape and not maintained in decades. 41 That house was center of family Iife for 30 years; His children double as family and abutters 42 because they live behind Mr. Maurer now. He would not do anything to detract from this area. 43 He wants to hold lot 3 in hopes that one of his other children will move back, the other lot will 44 go to another one of his children. He spoke w/his abutters on Johnson Street and went over in 45 detail the plot plan. The house he wants to put there will be a 3K square foot colonial, designed . 46 first floor as dining room to convert to a bed room and adjacent is full bath. Abutters concerns Planning[hoard Minutes of the Meeting March 20,2007 Page 4 I are about trees, he brought an arborist in and lot 1 used to be a formal garden, grass and shrubs, 2 however, no trees there now. Those trees are not worth anything. The peripheral of 5 beautiful 3 trees will be maintained. New house will be setback about a half a house. Trees issue was 4 discussed w/his abutter. Disassemble the stone wall to have construction and access. Then re- 5 assemble the stonewall. House was built in 1831 alk/a/Johnson estate. His guide has been to 6 keep the historical look of the house. All of the new houses will face the street PB wants to 7 make sure of this, they don't like it when the houses are facing any which way what ever. 8 9 Chair asked for abutters in favor or not in favor. Glen Johnson 59 Salem St., he wants PB to 10 drive by property, if two houses were to be built on this property it will brake up the historical 11 look, and the stonewall would have to be broken thru to do so. If plan approved is there 12 opportunity to further subdivide this property? Check bylaw because you can not further divide 13 front exception lot once it's approved. Run off from the property storm water and sewerage 14 presents a problem, condition this in development. Further development on this property will 15 affect the abutter's Iots. Topography drops off in direction of Mike Bower, Mike Paine, and 16 Glen Johnson. Runoff renders their yards unusable in June/July, he can't walk in his yard 17 without boots. Mr. Paine doesn't have this problem but he spent 18K installing a drainage 18 system in his backyard. It's clear there is sewerage run off from Dr. Maurer's property. This 19 property is in Watershed District in terms of addressing sewerage, it's important to tie into the 20 town sewer system. High water table or water runoff in area. Adding more septic system to an 21 existing leaching field problem doesn't make sense. Peter Calkins, 79 Johnson St. he selected 22 this neighborhood because of the flavor of this neighborhood, He's asking that PB consider 23 ways that the character of lot and street is protected, setbacks of homes, write in special 24 conditions to this. 25 26 Dr. Maurer stated he spent $6K having the stonewall reconstructed, he cares about it quite a bit, 27 and house has town sewerage and has had it for as long as he's lived there. The new houses will 28 be on town sewer, He put in infiltrations basins so roof water gets infiltrated in the basins in 29 ground. PB told abutter to contact BOH about sewerage problem. 30 31 Mike Bower, 49 Salem St. stated that the amount of water is 4 inches standing in his back yard, 32 he has called Board of Health and advised that the water is smelly and tainted; he's going to go 33 back to the BOH to settle this problem. Problem is this tainted water is going into the watershed. 34 PB can't fix pre-existing water conditions. PB stated their concern w/ground water it's rampant 35 in N.A. Make sure PB condition the decision heavily with infiltrators, conditioned on filing 36 a form A etc. PB wants new construction to reflect what Johnson St. was and is. Come 37 back in on April 17th 38 39 40 MINUTES: 41 Approve the Minutes of the Meeting for March 6, 2007. 42 Motion by Alberto Angles, 2"d by Richard Rowen, to approve the March 6, 2007 PB Minutes, 43 vote was unanimous 5-0. 44 45 46 Planning Board Minutes of(lie Meeting March 20,2007 Page 5 E I Impromptu discussion: 2 Chair recognized that Ellen McIntyre, ZBA member, was in the audience. Chair admonished 3 that at a recent ZBA meeting Ms. McIntyre acknowledge that the Planning Board should do the 4 Planning for the Messina property. The property required a parking variance and kiosk issue 5 from the ZBA. Ellen is here to speak to this issue tonight to say the communication should be 6 opened up between both Boards. The applicant was getting all sorts of different messages, some 7 from ZBA and some from Planning. ZBA should do ZBA issues, PB should do PB issues. 8 9 10 11 UPCOMING PLANNING BOARD MEETINGS: 12 April 3, 2007 13 April 17, 2007 14 15 16 Motion by John Simons, 2"d by Jennifer Kusek to adjourn tonight's meeting, vote was 17 unanimous 5-0 meeting adjourned at approximately 9:15 pm. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are 36 not listed on the agenda. Planning Roard Minutes of Elie Meeting March 20,2007 Page 6