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HomeMy WebLinkAbout2007-05-01 Planning Board Minutes f j1pRTh 1 o 2y �. T C,COCML,MMtM,y 3 fit �rap r� 4 sg1CHUg� 5 TOWN OF NORTH ANDOVER 6 PLANNING BOARD 7 Minutes of the Meeting S May 1, 2007 9 Town Hall, 120 Main Street 10 7:00 PM 11 12 Members present: Richard Nardella, Chairman 13 John Simons, Vice Chairman 14 Alberto Angles, Clerk 15 Richard Rowen, regular member 16 Jennifer Kusek, regular member 17 Timothy Seibert, alternate member 18 19 Members absent: none 20 21 Staff present: Lincoln Daley, Town Planner 22 Mary Ippolito, Recording Secretary 23 24 25 Chairman Nardella opened the meeting at approximately 7:15 pm and introduced the Board to 26 the assembly. Chair announced the following postponements: 27 28 POSTPONEMENTS: 29 30 Juniper Woods Realty, LLC,Juniper Woods,Map 108A,Parcel 2—S-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) Chair asked why Juniper 33 Woods is not being heard tonight. 34 Lincoln stated there are conservation issues that need to be addressed; applicant submitted 35 an extension until June 19'� 36 37 38 GFM General Contracting Corp., 1812 Turnpike Street,Map 106D,Parcel 46 & 47—Site 39 Plan Review Special Permit - Construct 25,900 s.f retail/office building within General Business 40 zoning district. Waiver on file until May 8, 2007. 41 Lincoln stated the applicant would send an additional waiver. Applicant is in front of the ZBA 42 regarding dimensional setback issues, applicant will redesign the building. PB stated that this 43 applicant has been on the agenda for a long time and if applicant doesn't submit the 44 required information soon they may be advised to withdraw without prejudice. 45 Planning Board Agenda May 1,2007 Page I 1 Chair called the followinti discussion items 2 3 1. Peachtree Subdivision Drainage Discussion - Gene Willis, Town Engineer, discuss 4 drainage issues regarding Chestnut Street. Awaiting plan from developer. (Continued to 5 May 1st, 2007). 6 Lincoln stated he met w/developer of Peachtree Development, and he's still waiting for a 7 plan from the developer; this issue has become frustrating and Lincoln will issue a letter 8 to the developer giving them a deadline date to respond. Planning Department will 9 place the developer on the June 5tkPB agenda and will inform the abutter, Mr. 10 Hughes, to be present. 11 12 2. Mailan Vu- 583 Chickering Road—Map 84,Parcel 28, (GB zoning district next to 13 Mango Grille) is requesting a waiver of a Site Plan Review Special Permit as applicant 14 is proposing a change of use to open a nail salon of approximately 931 s.f. 15 Lincoln stated this is a simple change of use request, small project less than 1,000 s.£ 16 and recommend a waiver of a Site Plan Review be issued. Motion by Alberto Angles, 17 2"d by Richard Rowen to waive a Site Plan Review Special Permit,vote was 18 unanimous 5-0. PB stated to make sure applicant is aware that she should handle 19 any chemicals properly. 20 21 Chair called the followina bond releases: 22 23 3. Autumn Chase a/k/a Molly Towne Road - Subdivision Phase 1 --Posted subdivision 24 bond on 1/25/06 for $90, 210.00. Mr. Carroll is requesting a partial release of 25 $43,450.00 leaving a balance of$46,760.00 for the remaining work. As-built and letter 26 form engineer submitted. 27 Chair asked if the road on Summer St. needs a binder coat? Bill Hmurciak, Engineer, 28 DPW, was present and stated that he was not happy with the condition of the road. He 29 wants improvements done and a better fix, the road was paved to thickness necessary; 30 however, there are problems with trench and sediment that is not acceptable by DPW. 31 Mr. Carroll was present and stated he needs to give the road a final overlay. Molly Towne 32 Road was inspected by Tim Willet, DPW, and submitted written comments stating that 33 he's "ok" w/partial bond release for Phase 1, however road now needs a final coat. 34 35 It was noted that there is another separate bond for a Site Opening in the amount of 36 $10,000 that is being held in the Planning Department. Chair wants to allow a partial 37 release of$40,000 therefore, leaving a balance of$50,210.00 in the bond account for any 38 remaining work, Motion by Richard Rowen,2"d by Jennifer Kusek to release 39 $40,000 of bond money to Mr. Carroll for Phase 1 for Abbey Lane, and retain 40 $50,210.00 in the bond account for any remaining work, vote was unanimous 5-0. 41 42 Please note: John Simons arrived 7:29 pm. 43 44 4. 1-7 Ellis Court—requesting to close out a performance bond for$5K. As-built and 45 letter from engineer submitted. Planning Board Agenda May 1,2007 Page 2 I Lincoln stated this project looks good. Gene Willis reviewed the original as-built plan 2 and submitted his edits. These edits were incorporated into a new as built plan that was 3 submitted this evening. PB is in receipt of a letter from Mr. Willis approving a release 4 of bond money. Motion by Alberto Angles, 2nd by Richard Rowen to release and 5 close out the bond in the amount of$5,000.00+accrued interest, vote was 6 unanimous 5-0. 7 8 9 5. 49 Orchard Hill Road—AAA Merrimack Valley—(interior expansion only) requesting 10 to closeout performance bond for $IK. As-built and letter from Architect submitted. 11 Lincoln stated this was interior retrofit only and is completed, and he recommends a 12 release of bond money. Tim Willett reviewed the plan and stated he had no issues with 13 this project. Motion by Alberto Angles, 2nd by Richard Rowen, to release and close 14 out the bond for$1,000.00+ accrued interest, vote was unanimous 5-0. 15 16 „ 17 Chair called following Town Warrant Articles: 18 PUBLIC HEARING: 19 20 6. Omnibus Street Acceptance. To see if the Town will vote to accept Bayfield Drive, 21 Flagship Drive, Long Pasture Road, Nutmeg Lane, Periwinkle Road, Sherwood Drive, 22 Thistle Road, Willow Street, and Willow Street(South)Extension as public ways and to 23 authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or 24 otherwise any fee, easement or other interest in the above listed streets and any 25 easements. Petition of North Andover Board of Selectmen. Continued until May i't PB 26 meeting. 27 Lincoln stated that the BOS had their hearing and granted the applicant an extension until 28 May 7". Gene Willis, DPW, is working on the project to help get the punch list 29 completed. This issue is only relative to street acceptance for North Andover Business 30 Park; Willow Street, & Willow Street(South)Extension and Bayfield Drive. Lincoln 31 pointed out a map depicting the layout of North Andover Business Park regarding article 32 50 of the Town Warrant (see page 135 of Town Warrant). PB will only vote on this one 33 street acceptance article for North Andover Business Park only. Motion by John 34 Simons to recommend unfavorable action on article 51, 2nd by Reichard Rowen, vote 35 was 5-0 unanimous. Lincoln recommended that article 50 be tabled. 36 37 38 7. Amend Zoning Bylaw: Amend Section 4.133 Industrial 2 District. This article 39 proposes amend Section 4.133 Industrial 2 District of the North Andover Zoning Bylaw 40 by adding Section 4.133(24)to allow additional uses within the district and in connection 41 therewith, to amend Table 1 (Summary of Use Regulations) under the list of Permitted 42 Uses. The uses allowed mimic the uses proposed within the 40R Overlay District 43 allowing commercial and retail uses within the I-2 Zoning District. (Petition of John T. 44 Smolak, citizen petition.) PB agreed to table this and make a recommendation at Town 45 Meeting. Lincoln to submit pros and cons and feedback to the PB. Planning Board Agenda May 1,2007 Page 3 I Lincoln stated that this article is to include additional uses in CDD2 Zoning District. 2 Uses being allowed in amendment resembles 40R district. Atty. Smolak wants to enter 3 this article at Town Meeting if the 40R doesn't get a favorable vote at Town Meeting. If 4 both are shot down then there is always a 40B option. Mark Rees was present and stated 5 that he's in the final stages of meeting w/the developer of 40R. Motion by John Simons 6 to recommend unfavorable action on article 31, 2'd by Jennifer Kusek, vote was 7 unanimous 5-0. 8 9 10 8. Amend Zoning Map Parcel Fronting Turnpike Street(Rte. 114)—Assessors Map 11 108C, Parcel 9. This article proposes to rezone a parcel of land, North Andover 12 Assessors Map 108-C, Parcel 9, located on Route 114/Turnpike Street and Berry Street 13 from its current zoning designation of Residential 2 (112)to Corridor Development 14 District 2 (CDD2). (Petition of Mark Schwartz, citizen petition.) PB agreed to Table 15 this until the May 1st PB meeting when the applicant will be available. 16 Lincoln stated that the applicant wants to rezone to CDD2 instead of Industrial-1. 17 Previously a number of residents stated that they were not in favor of this rezoning, 18 Lincoln met w/future owner of the property to discuss possible options. 19 20 Attorney Jill Mann was present and stated her argument as to why CDD2 is a better fit 21 for her client, PB asked for clarification as to what articles pertain to this rezoning issue. 22 It was stated that Article 32 pertains to this zoning issue as applicant is requesting to 23 rezone from Residential zoning district to CDD2 zoning district. (see Town Warrant page 24 98). Also, article 33 was the original article requesting a zoning change from a 25 residential zoning district to Industrial 3 zoning district. (see Town Warrant page 99). 26 Atty. Mann stated that this property is currently zoned for Residential use. There is a 27 need for the Town to create tax revenue. This area is better suited for CDD2 to allow 28 property to be developed in a colonial style appeal rather than the unattractive quality of 29 an industrial development. 30 31 Chair asked for input from the Board. One member likes the soccer field fitting into this 32 project. PB is disappointed that nothing has been submitted by the applicant in the form 33 of any supporting documentation outlining a plan of land what so ever in order for the PB 34 to make a complete determination if this project meets the requirements to go any further. 35 Lincoln stated that maybe he could work with the developer in the future to explore some 36 options. PB advised the applicant that the traffic impact and parking issues need to be 37 looked at in advance. PB doesn't support this applicant at this time. Motion by John 38 Simons to recommend unfavorable action for article 32 as discussed tonight,2"d by 39 Alberto Angles, vote was unanimous 5-0. Motion by John Simons to recommend 40 unfavorable action for article 33, 2nd by Alberto Angles,vote was unanimous 5-0. 41 PB stated that Atty. Mann should withdraw these articles from Town Meeting. 42 43 9. Article 21 —Capital Improvement Plan Appropriation Fiscal Year 2008. 44 PB agreed to Table this until May 1"PB meeting. 45 Bill Hmurciak, DPW, addressed this issue detailing project descriptions as they appeared 46 in the article. In particular Mr. Hmurciak stated that line items #12, Roadway Planning Board Agenda May 1,2007 Page 4 I (unaccepted) improvements and#13 Sidewalk construction are a continuation of 2 unaccepted roadways. Autran Ave, roadway/sidewalk in particular have generally 3 deteriorated and are not eligible for funding. Autran Ave. is in poor condition because a 4 stream drains into the nearby common, and into the subdivision across street. Money 5 would have to come from bonding to cover expenses to fix these issues(see Town 6 Warrant for description). Motion by Alberto Angles to recommend favorable action 7 on article 21, 2nd by Richard Rowen, vote was unanimous 5-0. 8 9 10 11 10. Article 34 — Petition the General Court -- Enact General Bylaw, Machine Shop Village 12 Neighborhood Conservation District Bylaw Chapter 134, Neighborhood Conservation 13 District Machine Shop Village. PB agreed to Table this until May 1"PB meeting. 14 PB asked how does this warrant article impact the High Street (former Davis & Furber 15 mill buildings)? Lincoln stated that he spoke w/the owner of the property and that the 16 owner plans to proceed as scheduled with his project and to work within the confines of 17 the Conservation district, 18 19 Chair doesn't like the working in this article. Liz Fennessey, 77 Elm St., gave an 20 explanation of Article 34. The approval of this article at Town Meeting would grant the 21 Machine Shop Village Neighborhood Conservation District certain entitlements however, 22 the entitlements are less restrictive than those of the Old Common District Committee. 23 24 Intent of the Old Common District is to preserve the flavor of the existing old colonial 25 houses. Intent of the"Machine Shop Village Committee" is less restrictive such as a 26 group of buildings and their settings that are architecturally and/or historically distinctive 27 and worthy of protection based on their contribution to the architectural, cultural, 28 political, economic or social history of the community. A neighborhood Conservation 29 District bylaw protects the overall character of the neighborhood by regulating the 30 demolition of significant buildings and making sure new construction respects the scale, 31 massing, setback and materials of the historic structures. 32 33 PB and Ms. Fennessey discussed the regulatory process relative to the various aspects of 34 the zoning and building permitting process and how it relates to this article. The issue of 35 how an applicant is directed thru the Town's permitting process in order to meet with the 36 Planning Department, Conservation Department, and Board of Appeals was discussed. 37 The judgment of the members of the committee dictate almost everything that could be 38 constructed? 39 40 Chair is going on record as not supporting this article 41 42 There was debate that this article is limited, however, the value to the community far out 43 ways the negative aspect of the regulatory progress? PB wants to take the time to 44 read this article. Table this until the PB meeting of May 14. 45 46 Planning Board Agenda May 1,2007 Page 5 1 2 11. Article 38 —Amend General Bylaw Insert New Chapter—Chapter 82—Demolition 3 Delay. PB agreed to Table this until May 1'PB meeting. 4 Lincoln stated this article would allow for delays of demolition up to 15 months to 5 buildings such as 75 years old. PB is to read this bylaw, because as the bylaw is written 6 Chair would not support it. PB wants the author of this article to present in front of the 7 PB. Why did BOS object to this article, and what is the Building Inspector's part in this 8 article. BOS recommended unfavorable action on this bylaw. Table this until the PB 9 meeting on May 14eh 10 11 -- „ rings: �� Chair caped the f©llowine Continued Hea 14 12. San Lau Realty Trust, (Messina's Plaza) 109-123 Main Street, Map 29,Parcel 48 - 15 Site Plan Review Special Permit. Proposed renovation of existing Messina's Shopping 16 Center includes construction of new buildings in the area of the existing market, retail 17 pharmacy, and liquor store. Waiver on file until May 811i. Kept public hearing open. 18 Draft decision. 19 Lincoln met w/Architect and applicant, issues entail screening for roof unit, screening on 20 NE side of property, and review from VHB. Chris Huntress is present, the Messina 21 family, & Atty. Smolak, and a CVS representative are also present. 22 23 Applicant was in front of the ZBA and closed their public hearing. VHB has no 24 additional issues outstanding. Applicant submitted a revised plan tonight which includes 25 screening of AIC units on rooftop, overall lighting plan, and hours of operation. 26 27 Mr. Huntress explained the landscaping plan. Lincoln feels screening on NE side is 28 satisfactory. Included a six foot fence of screening to surround all the dumpster 29 locations. June Thornton, School St. abutter was quoted as saying "we have a real case 30 of the uglies". Lighting plan handed out. First Street has wood rail fence and light 31 fixtures, more landscape area near main entry, included kinds of bushes recommended, 32 on back side they want the headlights shielded as they come thru drive thru, there is 6 33 foot fence that should shield the lights. Is it possible to replicate the vinyl fence as a 34 traditional wooden fence along the back of the property? 35 36 Hours of operation to be 7 am to 10 pm (7 days per week)truck deliveries from 6 am to 37 11 pm(7 days per week,)trash pick up 7 am to 9 pm. Abutter stated why do we need two 38 CVS pharmacies open 24/7? 39 40 Chair will submit his edits to Lincoln. 41 42 Dan Bean, 29 First St., is concerned about hours of operation, the current hours of 43 operation are until 10 pm, why extend it until 11 pm? This is a residential area and people 44 need their rest. Why make deliveries so late at night? Developer is working w/the PB 45 regarding their hours of operation; also, the Messina family wouldn't ignore these 46 requests. Abutters want everything shut off at 6pm. Abutters stated that headlights from Planning Board Agenda May 1,2007 Page 6 I cars exiting the shopping plaza,are shining into their windows on First Street. Marie 2 Hughes, 2 Bingham Way, hours of delivery are terrible can't the deliveries be done a 3 little better?June Thornton, abutter, stated she's happy with what the PB is doing. Her 4 tenant gets up prior to 2:00 am each morning in order to open up CVS for their deliveries. 5 6 Motion by Richard Rowen, to close the public hearing, 2"d by John Simons, vote was 7 unanimous 5-0. Motion by John Simons, 2"d by Alberto Angles to approve a Site 8 Plan Review Special Permit as amended this evening,vote was unanimous 5-0. 9 10 11 13. Crusader Paper, 350 Holt Road,Map 78, Parcel 01 — Site Plan Review Special Permit 12 in I-2 zoning district. Proposed construction of 18,000 s.f addition to existing Crusader 13 Paper building. Kept public hearing open. Draft decision. 14 Lincoln stated that all VHB issues have been addressed. Lincoln recommends approval of 15 this Site Plan Review Special Permit. Motion by Alberto Angles, 2"d by Richard 16 Rowen to close the public hearing, vote was unanimous. 5-0. 17 18 Decision edits see page 2 the second Hoot should be Holt. Show the current revision 19 date on the plan of land, 20 21 Motion to approve the Site Plan Review Special Permit as amended this evening. 22 Chairman Nardella and John Simons will not vote this evening because they did not 23 attend all of the meetings. Tim Seibert will be a full voting member on this decision, 24 25 More edits: Remove 7b stock piling material, not worried about things running into the 26 lake on this one. 27 28 Motion by Richard Rowen, 2"a by Jennifer Kusek, to approve a Site Plan Review 29 Special Permit as amended, vote was unanimous 4-0. 30 31 32 14. Ronald & Karen McCluskey, 870 Great Pond Road,Map 103,Parcel 112- 33 Watershed Special Permit in R-1 zoning district. Proposed construction of 458 s.f, one- 34 story wood frame addition w/garage under, and patio, and drainage structure. Applicant 35 is grand fathered as lot was created prior to 1994. Closed public hearing. Draft decision. 36 Edits to decision: Findings of facts, no new connections proposed for sewer and water 37 take this out. Conditioning the deed, restriction happens before pulling a building permit. 38 Chair will abstain from voting on this one. Tim Siebert will vote tonight. More edits: 39 Finding of Facts: take out single-family residence (only building a patio and small 40 addition). Motion to approve a Watershed Special Permit as amended this evening, 41 2"d by Jennifer KuseL Vote was unanimous 5-0. Voting members: Simons,Angles, 42 Rowen,Kusek, & Seibert. 43 44 45 46 Plamung Board Agenda May 1,2007 Page 7 1 Chair called the following Public Hearines: 2 3 15. Brooks School, 1160 Great Pond Road,Map 90C, Parcel 25, & Map 103 Lot 28 — 4 Site Plan Review Special Permit and Watershed Special Permit in R-2 zoning district. 5 Proposed construction of 29,447 s.f +l-two-story Science Building and freestanding 6 greenhouse. (Public Hearing will open on May 1 st, 2007) 7 8 It was noted that VHB submitted a review. Applicant's engineer fax'd their review to the 9 Planning Department; however, he has not submitted a revised plan. 10 Dan Ahearn, Architect; John Scott, Engineer; and John Trovage representative of Brooks 11 School, were present. Mr. Ahearn presented a video presentation of the proposed Science 12 building project which contains a seminar room and will replace the outdated Science 13 room classes. Mr. Scott presented the site plan stating that he took advantage of the 14 existing driveway, main entry area containing Main Street campus, court yard is formed 15 between existing and new buildings, site is in the Watershed Protection District within 16 the general zone, detention pond is in the non-discharge zone. Brooks School is known 17 for its campus beauty, nice trees on site, arborist was hired to preserve remaining 18 specimens on the site. Very little pavement in court yard, plantings will be put in, 19 students will use a small hand pump for their science projects, campus connected to 20 Town sewer system, Mass Electric supplies electricity to the campus, this is not an 21 expansion, only an improvement, no need for any new parking, ample parking, no one 22 even at graduation time has ever been unable to park their vehicles, see no reason to pave 23 green way, lighting confined to step lighting. Mr. Scott now needs to send his review to 24 VHB. PB liked the drainage design. Detention pond is located 350 feet from lake. 25 26 Please note: Recording Secretary is required to stay at the PB meeting no later than 11:00 27 PM per the Clerical Union. 28 29 30 16. Angus Realty Corporation (Butcher Boy) — 1077 Osgood Street,Map 35,Parcel 27- 31 Site Plan Review Special Permit& Watershed Special Permit to permit construction of 32 parking lot expansion area and associated storm water management system within G-B 33 Zoning District. (Public Hearing will open on May 1St, 2007). Awaiting review from 34 VHB, 35 36 Lincoln to fill in the rest of the "Minutes" from his notes. 37 38 39 40 Approve the Minutes of the Meeting of April 17, 2007 41 42 43 44 UPCOMING PLANNING BOARD MEETINGS: 45 May 14, 2007 Annual Town Meeting 9 Planning Board Agenda May 1,2007 Page 9 I May 15, 2007 Regularly scheduled Planning Board Meeting (CANCELLED) 2 June 5, 2007 Regularly scheduled Planning Board Meeting 3 4 5 6 7 By order of the Planning Board 8 9 10 11 12 Approved Planning Board Agenda May 1,2007 Page 9