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HomeMy WebLinkAbout2007-04-17 Planning Board Minutes V40IRT011 "A % 2 3 CHU 4 5 TOWN OF NORTH ANDOVER 6 PLANNING BOARD 7 Minutes of the Meeting 8 April 17, 2007 9 Town Hall, 120 Main Street 10 7:00 PM 11 12 Members present: John Simons, Vice Chairman 13 Alberto Angles, Clerk 14 Richard Rowen, regular member 15 Jennifer Kusek, regular member 16 Timothy Seibert, alternate member 17 18 Member absent: Richard Nardella, Chairman 19 20 Staff present: Lincoln Daley, Town Planner 21 Mary Ippolito, Recording Secretary 22 23 Acting Chair Alberto Angles opened the meeting at approximately 7:10 pm, and introduced the 24 Board to the assembly. John Simons would join the panel later in the evening and will take over 25 as acting Chair at that time. Alberto announced the postponements as follows: 26 27 28 POSTPONEMENTS: 29 30 Juniper Woods Realty, LLC, Juniper Woods, Map 108A, Parcel 2 — 8-Lot, Single-Family 31 Definitive Subdivision and Planned Residential Development. First meeting date: August 1, 32 2006. Waiver on file until June 17, 2007, (Continued to June 5, 2007) 33 34 GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47 - Site 35 Plan Review Special Permit - Construct 25,900 s.f. retail/office building within General Business 36 zoning district. Waiver on file until May 8, 2007. (Continued to May 1st, 2007) 37 38 San Lau Realty Trust, 109-123 Main Street, Map 29, Parcel 48 - Site Plan Review Special 39 Permit. Proposed renovation of existing Messina's Shopping Center includes construction of 40 new buildings in the area of the existing market, retail pharmacy, and liquor store. Waiver on 41 file until May 8"'. (Continued to May 1st, 2007) 42 43 Brooks School, 1160 Great Pond Road, Map 90C, Parcel 25, & Map 103 Lot 28 — Site Plan 44 Review Special Permit and Watershed Special Permit in R-2 zoning district. Proposed 45 construction of a 29,447 s.f. +/- two-story Science Building and freestanding greenhouse. (Public 46 Hearing will open on May 1st, 2 00 7) Planning Board Minutes April 17,2007 Page I 1 2 Peachtree Subdivision Drainage Discussion - Gene Willis, Town Engineer, discuss drainage 3 issues regarding Chestnut Street. Awaiting plan from developer. (Continued to May 1st, 2007) 4 5 6 DISCUSSION ITEM (S): 7 None 8 9 Acting Chair announced the following public hearing warrant articles and opened them for 10 discussion: 11 12 Town Warrant Articles 13 14 1. Omnibus Street Acceptance. To see if the Town will vote to accept Bayfield Drive, 15 Flagship Drive, Long Pasture Road, Nutmeg Lane, Periwinkle Road, Sherwood Drive, 16 Thistle Road, Willow Street, and Willow Street (South) Extension as public ways and to 17 authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise 18 any fee, easement or other interest in the above listed streets and any easements. Petition of 19 North Andover Board of Selectmen. 20 (Continued from the April 3, 2007 Planning Board Public Hearing) 21 22 Lincoln stated the following streets were submitted for Street Acceptance: North Andover 23 Business Park; Willow Street (South) Extension; Willow Street; Bayfield Drive; Flagship 24 Drive and recommended to postpone this until the DPW finalizes their issues. No comments 25 from the audience. Continued until May 15t PB meeting. 26 27 28 2. Amend Zoning Bylaw: Add New Section, Section 8.1(5) Off Street Parking Fund. This 29 article proposes adding a new section, Section 8.1 (5) to create a regulatory funding 30 mechanism allowing applicants to submit a payment to the Town in lieu of constructing off 31 street parking spaces as required by the Zoning Bylaw for projects located in the Downtown 32 District. Petition of North Andover Board of Selectmen. 33 (Continued from the April 3, 2007 Planning Board Public Hearing) 34 35 Lincoln stated this article would be taken off the Town Warrant; look at grant for 36 zoning of down down districts. No need to vote on this article, 37 38 3. Amend Zoning Bylaw: Add New Section, Section 7,4(5) and (6) Dimensional 39 Requirements for Building Heights. This article proposes to amend the North Andover 40 Zoning Bylaw by adding new sections, Section 7.4(5) and (6) to include the height 41 limitations/exceptions for pharmaceutical manufacturing uses, certain accessory renewable 42 energy structures, and certain uses located in an Industrial Zoned District. Petition of North 43 Andover Board of Selectmen. 44 (Continued from the April 3, 2007 Planning Board Public Hearing) 45 Planning Board Minu(es April 17,2007 Page 2 r c. l Curt Bellavance, Director of Community Development will speak tonight. Language in this 2 article was modified according to the PB discussion. This will address pharmaceutical 3 manufacturing silos, which are allowed in Industrial zoning district to increase to 115 feet. 4 PB would like a picture of a silo. Motion by Jennifer Kusek, 2nd by Richard Rowen to 5 recommend favorable action, vote was unanimous 4-0, motion approved. 6 7 A 8 4. Amend Zoning Bylaw: Add New Section, Section 17 Osgood Smart Growth Overlay 9 District. This article proposes to amend the North Andover Zoning Bylaw by adding 10 Section 17 Osgood Smart Growth Overlay District and in connection therewith to amend the I1 North Andover Zoning Bylaw Section 3.1 "Establishment of Districts" by adding the name 12 OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD). Petition of North 13 Andover Board of Selectmen. 14 (Continued from the April 3, 2007 Planning Board Public Hearing) 15 16 Lincoln stated this language has been revised. Curt Bellavance to speak tonight. Language 17 in bylaw was 90 % about 6 months ago, fine-tuned language, met with all departments of 18 Community Development who has approved language under 40R. Met with property owner 19 and our Town Counsel to address language. Waiting for State to finalize the language. 20 Awaiting a site eligibility letter to allow Town Meeting to vote on the 40R language. 21 Overlay district will allow a variety of uses (presentation done by Lincoln), Plan requires a 22 restriction regarding affordable units. Town receives money back once permits are issued. 23 20 units per acre to a maximum 530 units. No comments from the audience. Alberto stated 24 that the Planning Department has done good work on this project. Motion by Richard 25 Rowen, 2"d by Jennifer Kusek to recommend favorable action vote was unanimous 4-0 26 motion approved. 27 28 29 5. Amend Zoning Map: Create Osgood Smart Growth Overlay District. This article 30 proposes to amend the Zoning Map of North Andover, pursuant to Section 3.2 of the Zoning 31 Bylaw, to add as a zoning overlay, the OSGOOD SMART GROWTH OVERLAY 32 DISTRICT as shown on Assessor's Map 34, Parcel 17 and identified as 1600 Osgood Street, 33 North Andover, Former Lucent Technologies Site. Petition of North Andover Board of 34 Selectmen. 35 (Continued fr oni the April 3, 2007 Planning Board Public Hearing) 36 No comments from the audience. Motion by Richard Rowen, 2"l by Jennifer Kusek to 37 recommend favorable action vote was unanimous 4-0 motion approved. 38 39 40 6. Town Meeting Warrant Article — Expedited Permitting Procedures. To see if the Town 41 will vote to accept the provisions of Chapter 43D of the Massachusetts General Laws, as 42 amended, pursuant to Section 1 I of Chapter 205 of the Acts of 2006, and to approve the 43 filing of a formal proposal with the Interagency Permitting Board for the designation as an 44 overlay for land at 1600 Osgood Street (Map 34, Parcel 17). The proposed article creates a 45 mechanism in which the state will provide funding to municipalities to incorporate the Planning Board Minutes April 17,2007 Page 3 I expedited permitting process into the Town's Zoning Bylaw. Petition of North Andover 2 Board of Selectmen. 3 (Continued from the April 3, 2007 Planning Board Public Hearing) 4 Lincoln stated that Curt Bellavance would address this article. Asking Town Meeting to vote 5 to allow us to accept the 43D provisions. Town put together an application to the State to get 6 a grant to hire a consultant to review all of our bylaws and regulations in Town that would 7 impact portions of property. Once Town received grant then Town has to come back in 8 again to vote to make the changes acceptable to this article. Motion by Jennifer Kusek 2"d 9 by Richard Rowen to recommend favorable action vote was unanimous 4-0 motion 10 approved. 11 12 13 7. Amend Zoning Bylaw: Amend Section 6 Signs and Sign Lighting Regulations of the 14 Zoning Bylaw. This article proposes to amend the Town of North Andover Zoning Bylaw, 15 Section 6 Signs and Sign Lighting Regulations in order to revise the sign ordinance for all 16 zoning districts. (Petition of North Andover Board of Selectmen.) 17 (Continued fi°ani the April 3, 2007 Planning Board Public Hearing) 18 Lincoln stated this article has been removed from the Town Warrant. No motion was 19 made. 20 21 Acting Chair announced that the following articles #8, #9, #10 were recommend for 22 favorable action at the April 3, 2007 PB meeting. 23 24 8. Amend Zoning Bylaw: Amend Sections 8.9(3)(c)(v), 8.9(5)(d)(vii)(3), and 8.9(8) Wireless 25 Service Facilities. This article proposes to amend the Town of North Andover Zoning 26 Bylaw, Sections 8.9(3)(c)(v), 89(5)(d)(vii)(3), and 8.9(8). The added language eliminates 27 the setback requirements for wireless communication facilities located within an existing 28 enclosed structure and the requirement for an approval letter from the State Board of Health. 29 The language further updates the Radiofrequency Radiation (RFR) Filing Requirements for 30 wireless communication to mirror the submissions of the FCC and establishes a schedule for 31 structural inspections of wireless facilities. (Petition of North Andover Planning Board.) 32 33 Motion by Alberta Angles, 2"d by John Simians to reconimenclfayorableaction regarding 34 article 10 to amend section 8.9(3)(c)(v) and 8.9(5)(d)(vii)(3) and recommend favorable 35 action to delete any changes to 8.9(8) vote was unanimous 5-0. 36 37 38 9. Amend Zoning Bylaw: Amend Usable Open Space Section 8.5.6(F). This article proposes 39 to amend the Town of North Andover Zoning Bylaw; Section 8.5.6(F) in order to further 40 clarify the definition of Usable Open Space and the method for calculation within a Planned 41 Residential Development. (Petition of North Andover Planning Board.) 42 43 Motion by Alberto Angles, 2' by John Simons to recommend favorable action regarding 44 article 11 and to amend the North Andover Zoning Bylaw, Section 8.5.6(F) vote was A 45 unanimous 5-0. i 46 Planning Board Minutes April l7,2007 Page 4 1 10. Amend Zoning Map Parcel Fronting Sutton Street — Assessors Map 28, Parcel 1 and 2 Map 39, Parcel 24. The article proposes the rezoning of the property located at 200 and 220 3 Sutton Street from their current zoning designation of Industrial-S (I-S) to Business 2 (B-2). 4 (Petition of John T. Smolak, citizen petition.) 5 6 Motion by John Simons, 2' by Alberto Angles to recommend favorable action regarding 7 article 12 to rezone Map 28, Parcel 1 and Map 39,parcel 24 for property located at 200 and 8 220 Sutton Street from their current zoning designation of I S to B-2, vote was unanimous. 5- 9 0. 10 11 12 11. Amend Zoning Bylaw: Amend Section 4.133 Industrial 2 District. This article proposes 13 amend Section 4.133 Industrial 2 District of the North Andover Zoning Bylaw by adding 14 Section 4.133(24) to allow additional uses within the district and in connection therewith, to 15 amend Table I (Summary of Use Regulations) under the list of Permitted Uses. The uses 16 allowed mimic the uses proposed within the 40R Overlay District allowing commercial and 17 retail uses within the 12 District. (Petition of John T. Smolak, citizen. petition.) 18 (Continued from the April 3, 2007 Planning Board Public Hearing) 19 20 Atty. Smolak stated this article was a placeholder in the event that something should happen 21 with the 40R article. Atty. Smolak recommended that the PB table their recommendation 22 until Town Meeting. Atty. Smolak submitted a document from Assessor regarding allowed 23 uses (for the record). Consider adopting the uses in CDD2 for this article. PB agreed to 24 table this and make a recommendation at Town Meeting. Lincoln to submit pros and 25 cons and feedback to the PB. 26 27 28 29 12. Amend Zoning Map Parcel Fronting Turnpike Street (Rte. 114) -- Assessors Map 108C, 30 Parcel 9. This article proposes to rezone a parcel of land, North Andover Assessors Map 31 108-C, Parcel 9, located on Route 114/Turnpike Street and Berry Street from its current 32 zoning designation of Residential 2 (R2) to Corridor Development District 2 (CDD2). 33 (Petition of Mark Schwartz, citizen petition.) 34 (Continued frona the April 3, 2007 Planning Board Public Hearin 35 36 Lincoln stated that the I-2 zoning district might not fit the area relative to this parcel. 37 Applicant petitioned the BOS to reopen the warrant to change the zoning from 1- 2 to CDD2 38 to provide more opportunity for the owner to commercially develop the property. PB agreed 39 to Table this until the May 1st PB meeting when the applicant will be available. John 40 Waters, 2125 Turnpike St., remarked unfavorably that the applicant didn't contact him to 41 discuss this rezoning issue, phone numbers were swapped but apparently no attempt was 42 made to communicate. It was noted that the applicant advertised the legal notice in the 43 Tribune for the May 1"PB meeting. Non-resident property owners are also legally noticed. 44 45 46 Planning Board Minutes April 17,2007 Page 5 r 4 1 13. Article 21 —Capital Improvement Plan Appropriation Fiscal Year 2008. 2 PB agreed to Table this until May 1St PB meeting. 3 4 5 14. Article 34 ---- Petition the General Court — Enact General Bylaw, Machine Shop Village 6 Neighborhood Conservation District Bylaw Chapter 134, Neighborhood Conservation 7 District Machine Shop Village. 8 PB agreed to Table this until May 1St PB meeting. 9 10 11 15. Article 38 — Amend General Bylaw Insert New Chapter— Chapter 82 —Demolition Delay. 12 PB agreed to Table this until May 1St PB meeting. 13 14 15 16 17 PUBLIC HEARINGS: 18 19 16. Crusader Paper, 350 Holt Road, Map 78, Parcel 01 — Site Plan Review Special Permit in 20 I-2 zoning district. Proposed construction of 18,000 s.f. addition to existing Crusader Paper 21 building. Requested to be heard at April 17th PB meeting. 22 23 Ben Osgood Jr., Engineer was present. Project was reviewed by VHB and reviewed by 24 Lincoln. Applicant is going to Con/Com for Notice of Intent — project is 200 feet from 25 riverbank. Parking lot has no changes; proposing a bit of extra drive along area of addition, 26 pitch the drainage so it drains in the pond. Applicant is in front of ZBA because this requires 27 122 parking spaces; there are 48 on site. Manufacturing requires 1 parking space per lK s.f 28 Crusader Paper has stayed as a family business since 1986. Engineer is requesting waivers. 29 Received VHB review with minor comments. Dumpsters stay on South side of building; 30 lighting stays the same. Architect will match existing exterior of the addition w/ cement 31 block. This project will improve the site. A few wall lights will be added, light over door 32 added, no additional signage added. Does Fire Department require sprinklers? 3 hydrants 33 are located on site now. Project is on septic system now. Keep open until next PB 34 meeting. Draft decision. 35 36 37 38 17. Ronald & Karen McCluskey, 870 Great Pond Road, Map 103, Parcel 112- Watershed 39 Special Permit in R-1 zoning district. Proposed construction of 458 s.f one-story wood 40 frame addition w/garage under, and patio, and drainage structure. Applicant is grand 41 fathered as lot was created prior to 1994. No grading changes proposed as changes are at 42 existing grade. Portion of deck removed to accommodate the new structure. Work is 100 43 feet of wetland. Order or Conditions have been issued by Con/Com, 44 Please note: John Simons arrived at 8:40 pm. 45 Two driveways are currently located on the property. Lawn mower will be housed 46 underneath proposed family room addition. Drywell will pick up runoff from addition. Planning;Board Minutes April 17,2007 Page 6 I Current down spouts run out to lawn. No additional driveway is proposed, Retaining wall 2 will be broken into in order to accommodate the proposed addition. Proposed construction 3 falls within Non-disturb zone of the Watershed. Proposed patio will be surrounded by 4 stone dust. Gene Willis, DPW, reviewed project with minor edits. Property is on Town 5 sewer. Show actual sewer tie in on the plan. During construction mitigation PB 6 cautioned applicant to be careful because this property is not that far away from the 7 Lake itself approximately 260 feet. Proposed to start work in one month. No noxious 8 chemicals can be used, include in PB decision. Motion by Richard Rowen, 2°d by Jennifer 9 Kusek to close the public hearing tonight, vote was unanimous 5-0, Draft decision. 10 11 12 Chair called for approval of the"Minutes" 13 14 Motion by Jennifer Kusek, 2"d by Alberto Angles to approve the April 3, 2007 "Minutes" 15 vote was unanimous 5-0. 16 17 Impromptu discussions: 18 19 + Lincoln read a letter from Alberto Manzi, Chair ZBA, regarding his preference to 20 comment on the current warrant articles prior to Town Meeting (letter for record). PB stated 21 that Mr. Manzi should plan to do his comments/recommendations ASAP. 22 23 24 • 1003 Osgood property, Joe Levis as a condition of the sale, proposes to tear down 25 the barn located at 1003 Osgood St. This upsets John Simons because it's inconsistent with 26 the history of this property. This information is disappointing because the barn is a 19th 27 Centuty property and the Town is losing this kind of property all the time. 28 29 • In-light of the Town's recent plan to replace regular light bulbs with fluorescent 30 bulbs in order to be cost and energy effective, it was noted that the existing overhead eyeball 31 lights should probably be replaced with cost and energy effective fluorescent bulbs. 32 33 • Riverview Street is flooded due to the storm of this week. The beginning of the 34 road is flooded, and unfortunately this condition has caused flooding of approximately 2 feet 35 of water. 36 37 38 UPCOMING PLANNING BOARD MEETINGS: 39 40 May 1, 2007 Regularly scheduled Planning Board Meeting 41 May 14, 2007 Annual Town Meeting 42 May 15, 2007 Regularly scheduled Planning Board Meeting (CANCELLED) 43 June 5, 2007 Regularly scheduled Planning Board Meeting 44 45 46 Planning Board Minutes April 17,2007 Page 7 I Motion by Richard Rowen, 2"d by Jennifer Kusek, to adjourn tonight's meeting, vote was 2 unanimous 5-0. Meeting adjourned at approximately 9:15 pm. 3 4 5 6 7 8 9 By order of the Planning Board 10 11 12 13 14 15 16 Approved 17 18 19 20 21 22 23 24 25 Planning Boni l Minutes April 17,2007 Page 8