HomeMy WebLinkAbout2007-07-17 Planning Board Minutes tAORT111
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 July 17, 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 Jennifer Kusek, regular member
16 Timothy Seibert, alternate member
17
18 Member absent: Richard Rowen,regular member
19
20 Staff present: Lincoln Daley, Town Planner
21 Mary Ippolito, Recording Secretary
22
23
24 Chair called the meeting to order at approximately 7:10 pm. Chair introduced the panel to the
25 assembly and proceeded to announce the following agenda items.
26
27
28
29 Postponement:
30 Sprint Spectrum L.P. 300 Chestnut Street Modification of a Special Permit
31 installation of a 7' — 6" x10' (8' high) veysaflex equipment cabinet into existing tower
32 compound. Nine new panel antennas w/antenna centerline of 130' — 0" on existing lattice
33 tower within R-3 zoning district. Applicant to submit revised plan, awaiting VHB review.
34 Chair announced that Sprint is postponed until the August 7, 2007 PB meeting.
35
36 Chair called the following discussion items:
37 1. Security Realty Trust,V. Scott Follansbee, 33 Walker Road -Bond release in the
38 amount of$5,000.00 +accrued interest for Brookmeadow Office Park.
39 Lincoln stated that a letter from Engineer and as-built plan is on file and DPW has no
40 issues. Motion by Jennifer Kusek, 2rid by Tim Seibert to release all money plus accrued
41 interest to V. Scott Follansbee of Security Realty Trust vote was unanimous,
42
43 2. Dean Chongris, Redgate Subdivision, Salem Street Conditionally released lots 3 & 4.
44 Awaiting revised surety bond document.
45 Lincoln stated that at the last meeting the PB voted to conditionally release Lots 3 and 4.
46 Changes were not made to the surety bond, however, Mr. Chongris will overnight the
Planning Board
Minutes
July 17,2007
Page 1
I revised surety bond. DPW issue, per discussion with Gene Willis there are items not
2 completed by Mr. Chongris. Engineer, Ben Osgood Jr. will verify changes to stabilize the
3 slopes. Chair wants to wait until the August 7th PB meeting to hear this.. Chair wants the
4 surety to be for the duration of the project, will not accept a security that expires in one
5 year or before the project is completed. Lincoln wants to work w/Accounting and make
6 sure that they don't let surety expire. Place this on the August 7th PB meeting. Send Chair
7 the edited surety form Carol McGravey. PB said we need to have the applicant put the date
8 of expiration on surety. Send a request to the people who have not renewed their surety
9 bond w/PB they are in default.
10
I 1 Please note that Alberto has arrived at 7:15 pm
12
13 Chair called for the continued hearings:
14 3. Edgewood Retirement Community, Inc., 575 Osgood Street, Map 36, Parcels 3, 17,18,
15 and 19 - Site Plan Review Special Permit and a Modification Special Permit to construct
16 27 new cottages & greenhouse & new 20 foot wide roadway with individual driveways to
17 access cottages within the R-2 zoning district. Applicants engineer sent revised plan on
18 5/29/07. Applicant submitted revised drawings on 6/21107, awaiting VHB's review.
19
20 Lincoln stated that staff talked w/Town Counsel to discuss procedural application matters.
21 Application contains 4 lots, only CCRC in Town, Counsel wants them to go forward
22 without asking them to withdraw w/prejudice. PD provided a schedule dated July 11,
23 2007. ZBA grants a variance for setback for 8 units labeled G (see page 3) first step get
24 variance from ZBA for 100' setback and units next to access way. If PB grants SP
25 condition it upon the successful approval of ANR to make one large lot from the 4 lots.
26 Con/Com grants NOI within 30 days, after approval by PB applicant applies for the ANR
27 to combine the lots in the final step. Doesn't affect the original SP issued by PB in 1990?
28 Open Space will comply with setback for entire lot.
29
30 Please note that John Simons arrived at 7:22 pm.
31
32 Size of lot contains not less than 25 acres; one parcel is only 19 acres, therefore couldn't
33 file for separate CCRC, criteria has to be only one lot and can't be 2 lots. By including the
34 new lot it appears to meet all of the specifications that were in the original permit. Now
35 they need to go to ZBA to be in compliance w/zoning. This is pending their application to
36 Con/Com is the PB willing to make a finding tonight? PB asked why wouldn't applicant
37 go for ANR first? This should be a new Site Plan SP if approved by PB.
38
39 Atty. Robert Lavoie stated that he's asking to fold in 19 acres and use them, this could be
40 viewed as a modification to CCRC original permit. Make a modification to existing SP to
41 add 19 acres. What is the amendment to the original SP? Atty. Lavoie to submit that to the
42 PB.
43
44 Chair discussed waivers: Mr. Ingram stated the following: that all additions are there to
45 preserve the quality of life for seniors. Improved the dimensional setbacks not asking for
46 as much relief from ZBA. Con/Com moved the roadway out of 25 foot no build zone.
Planning Board
Minutes
July 17,2007
Page 2
I Historical commission met w/them and asked them to inventory all sheds, and family
2 houses, they will work with Margaret Wheeler regarding barns and will construct their
3 work on the further side from the barns. Asking for 3 waivers. Submitted their review
4 back to VHB. Meeting w/ZBA on August 14. Lincoln to check file to see if waivers on
5 traffic impact study, and community impact study and fiscal impact study are there. Atty.
6 Lavoie pulled out the 1989 traffic report from the PD files. Chair asked was a community
7 impact study done? Atty. Lavoie couldn't find it in the PD file. Lincoln to look at
8 language and see if fiscal impact study and community impact study was previously
9 waved. Lincoln checked and said none were done. Run the traffic impact study by
10 somebody to check if the points are still valid today and have VHB do the evaluation.
11 Look into our PD file and address any significant concerns for these waivers.
12
13 Mr. Ingram of Linbeck did an overhead presentation showing pictures of existing facility.
14 Showed 11 cottages on pictures. PB wants the pictures to be taken from the top of half=
15 mile hill; these pictures are taken from ground level. PB doesn't like the pictures. PB
16 issued its original permitting that got approved by looking at pictures submitted in 1989 all
17 buildings should have a signification amount of open space.
18
19 PB stated that this area is a jewel in N.A. plus Town has spent millions of dollars to
20 preserve the land and open space and prevent encroachment of development up close to the
21 property. Now, what has happened all of these units butt up against the buffer zones in a
22 highly visible and obtrusive way, now, there is a tremendous impact and anyone going up
23 half mile hill will see all of the proposed units.
24
25 Mr. Ingram. stated that there is land that has a covenant placed upon it to use as a walkway
26 to walk to half-mile hill. Roadway has to be paved, or just graveled, to keep it in good
27 condition for citizens to use it.
28
29 Atty. Lavoie stated that in the 1990's the Edgewood construction came about, then Sam
30 Rogers deeded the property and also recorded right of first refusal to Edgewood then Town
31 had the 2nd right of refusal.
32
33 PB wants to know if the proposed buildings can be repositioned away from the half-mile
34 hill view? Margaret Wheeler, Trustee of Reservation spoke and pointed out Weir Hill
35 reservation land, she stated there are two conservation restrictions owned by the Town.
36 Wooded area should be maintained back to the boundary (see lower right side of plan) and
37 kept wooded. She wants proposal from Edgewood regarding conservation restriction of
38 demarcation of line on Edgewood site. Another spot has a large amount of impervious
39 surface, is this drainage land adequate to protect the existing houses on this area? Similar
40 issue of conservation restriction on boundary area (on upper left) of the proposed
41 structures. All this issue is relative to the proposed structures.
42
43 Lincoln will submit his review of the conceptual ANR plan to Edgewood. Lincoln will
44 research to see if the PB can do the modification that they think they can.
45
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Planning Board
Minutes
July 17,2007
Page 3
I time now is 8:45 pm
2
3
4
5 Impromptu discussion:
6 Chair asked about the letter from Town Counsel regarding the definition of a structure
7 relative to trailers pertaining to the Frank Ragonese issue. The bylaw needs to be amended,
8 Lincoln to draft this language. Mr. Ragonese, 1939 Great Pond Road was present and
9 stated that his court case has been heard and now it's in the hands of the court. Would the
10 Ragonese vs ZBA have any effect on this application that the PB is discussing? Probably
I I wouldn't effect this current parking lot decision. Lincoln stated that the engineer supplied
12 all the required reviews. Major landscaping plan has been submitted. Lincoln stated the
13 Plan is satisfactory.
14
15 Continued hearing:
16 4. Angus Realty Corporation (Butcher Boy Market), 1077 Osgood Street, Map 35,
17 Parcel 27- Site Plan Review Special Permit & Watershed Special Permit to permit
18 construction of parking lot expansion area and associated storm water management system
19 within G-B Zoning District.
20
21 Lincoln stated that the PB should review two decisions tonight. Alberto viewed a tape of
22 the past PB meetings, Chair is of the opinion that Mr. Angles is up to speed to vote this
23 evening.
24
25 Most members of the PB have questions regarding the trailer issue. Mr. Ken Yameen was
26 present and stated that"it's in the hands of the court". Chair wants to know what Mr.
27 Yameen's plans are now? Mr. Yameen stated he's waiting for decision from court first.
28
29 Lincoln stated that the Town has been working w/the Yameen's to increase storage space
30 for their products, therefore, eliminating need for trailers in the future.
31
32 Chair asked is there any opportunity such as tenant to be moving out and the Yameen's to
33 do something about the trailer issue then? PB would never have permitted a storage trailer
34 on site. If Mr. Yameen wins the case in court is he not going to do something with the
35 trailers?
36
37 Mr. Yameen said he's waiting for the decision from court.
38
39 PB asked will there be any more trailers put there? Chair stated put in the decision that no
40 additional trailers will be put on this site.
41
42 Ms. Yvonne Yameen stated that every business has trailers in their back yard. Look at
43 Stop and Shop and Demoulas and you will find trailers there.
44
45 PB stated that if zoning change goes thru then some Board would have jurisdiction to make
46 you move the trailers. Urge you to pursue alternatives to what's going on now, alternative
Planning Board
Minutes
July 17,2007
Page 4
I such as possibly expanding;your building. PB wants to be consistent with all future
2 decisions as to how they condition a trailer issue. Check the Messina decision to see if a
3 trailer issue is in there. Condition the decision that a site cannot contain more than 2
4 trailers on site. Possibly at Christmas time this would require the need for storage and use
5 of trailers. Add clause no additional permanent storage of trailer will be allowed on site,
6 temporary trailer maybe allowed for up to a two-week period from time to time during the
7 year. This condition is subject to future zoning changes pertaining to storage of trailers and
8 this decision must always be in compliance with the existing zoning as such.
9
10 Mr. Ragonese stated that the Chair is making a bigger mess of this issue, these are not
11 permitted trailers in the first place, and this is the essence of the Court issue now and that the
12 Yameen's have no intention of moving the trailers, whatsoever. They bring in diesel trailers
13 that make more noise than what is there now. He just got a call from a friend saying that a
14 decision was rendered and he lost the case. Just because a trailer has wheels and has a Maine
15 plate (not a Mass plate) doesn't mean that it's going to be moveable. Trailers have been
16 there for 6 years in the same location. Mr. Ragonese stated that, "Its been hell for 6 years."
17
18 Chair stated to put in the warding that additional trailers would not be permitted.
19
20 Chair asked the Yameen's that if you brought in the trailers are they kept there until January?
21 The Yameen's stated that the food is only in the trailer for a couple of days then put on the
22 shelves. Additional Screening was initially put in at original approval to help Mr. Ragonese.
23
24 Upon a motion by Alberto Angles, 2nd by John Simons to close the public hearing tonight for
25 a Watershed SP and Site Plan SP, vote was unanimous.
26
27 Site Plan edits: check out the reference to a two-story building? Is it one story or two stories?
28 Check 5.3 acres and locus says 7.3?make sure that corner of intersection be kept watered
29 down to keep the dust from the new project located at the corner (Mad Maggie ice cream)
30 will be opening. Upon a motion by John Simons to approve a Site Plan Review Special
31 Permit as amended this evening, 2nd by Jennifer Kusek, vote was unanimous-.
32
33 Edits: Watershed SP add at snow removal snow area- look at deed restriction and if original
34 decision has it then put it in- take out on page 2 that John Simons and Richard Rowen -
3 5 check out if no pesticides, put in this decision info. about pesticides. Upon a motion by
36 Alberto Angles to approve a Watershed Special Permit as amended this evening 2nd by John
37 Simons, vote was unanimous
38
39 Continued hearing: ?
40 5. GFM General: Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47 —
41 Site Plan Review Special Permit - Construct 38,430 s.f. retail/office building within General
42 Business zoning district. Applicant submitted waiver for June 19, 2007. Revised plan a
43 submitted on 7/1112007. Lincoln stated that he is satisfied with the review.
44
45 Atty. Smolak wants to address the common driveway. Common driveway is located East on
46 the property this creates a single driveway instead of two driveways. July 9, 2007 is current
Planning Board
Minutes
July 17,2007
Page 5
I rev. on plan. Construct a 6-foot fence on easterly boundary put on plan. Max building height
2 is 45 feet. Con/Com recommended a 6 foot vinyl fence be provided as a buffer between
3 parking area and green line wetland boundary on plan. Tim Willett stated that sewer line is
4 going in wrong direction, however, it has now been designed property. Large front window
5 looks better than previous view. Screened dumpster, condition Mass Highway cut and
6 MEBA, look at landscape plan and see 2 %2 inch -rhododendrons in a couple of spots. Fix it.
7 Upon a motion by Alberto Angles to close the public hearing, 2nd by John Simons, vote
8 unanimous 5-0. Staff to draft decision for next PB meeting.
9
10 Chair called for the Rublic hearin s:
11 6. GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47
12 Request for Common Driveway Special Permit within General Business zoning district.
13 Lincoln stated that this is the first public hearing for a Common Driveway. Use the July 9,
14 2007 plan. VHB did review this project and has no issues w/it. Upon a motion by Alberto
15 Angles to close the public hearing, 2nd by John Simons, vote was unanimous. 5-0 approved.
16
17
18 7. RCG North Andover Mills LLC , One High Street {a/k/a/ 120 Water Street & 21 High
19 Street — Preliminary Planned Development District Special Permit -- Conversion of 35,
20 000 s.f, of office space to 15,000 s.f. of retail space, and twenty 1 & 2 bedroom
21 apartments within the I-S zoning district.
22
23 Attorney Smolak stated Alex and David Steinberg were present. This is 1"phase of project
24 contains 22 '/2 acres in size, within the I-S zoning district. 235,000 s.f. of office and R&D
25 space. Applicant is requesting preliminary approval of first phase. They will file a definitive
26 plan for approval once the preliminary is approved. This is corner stone combined w/the
27 Messina project that will liven up the down town area and the Town is fortunate to have this
28 group come to Town.
29
30 David Steinberg said they would work within the footprint available. Do portion of
31 residential and retail together. Working essentially within the buildings, except for the
32 penthouse relative to doing the rooftop construction. Retail portion along High St. will start
33 construction on 2"d floor in SW corner and goes down to first floor to create a streetscape.
34 Restaurant will be used for first space. Chris Morris will be the owner of the approximate 3K
35 s.f. restaurant. The 2nd aspect is the residential conversion associated with the Water St.
36 entrance; there is already a 30-space parking lot, and 20 loft style apartments 1 and 2
37 bedroom and studio as well. Penthouses in Bldg 11 are on the side of the Water St. entrance
38 overlooking the pond. Using their own construction team they want to start as soon as they
39 can pull permits.
40
41 Chair asked when you mix residential and commercial what do you do for emergency exits?
42 Mr. Steinberg stated that there might be certain shared egresses. Residents have a separate
43 front lobby. Parking is an issue; applicant is planning to add on-street parking for retail and
44 street parking along Water Street as well. e
45
Planning Board
Minutes
July 17,2007
Page 6
1 Corner of intersection needs a 4 way stop. Mr. Steinberg will work w/Machine Shop Village
2 relative to this.
3
4 How can the Town help to enhance the streetscape area? Zoning Administrator should look
5 at this issue. PB wants to help control this issue. Maybe outdoor tables located on the
6 sidewalk?
7
8 Alex Steinberg stated that 15K s.f is total of retail, the restaurant is only 3K s.f.
9
10 Who approves the 4 way stop signs? Police and BOS vote on it. PB should recommend the
11 stop sign issue. High Street is 35 feet wide, so parking on both sides would be too narrow.
12 However, one side of the street parking would be ok preferably on restaurant side
13
14 Possibly a change in signage would break up the "long commercial look of the buildings"?
15 Pick out a residential looking window instead of the existing blacked out windows. Re do
16 landscaping and rearrange parking too. Add a row of bricks. This building has a complete
17 wall of glass and 14 foot ceilings, some windows needs to become operable, 8 percent has to
18 be light and 4 percent has to be vented put some kind of patterning for some relief Check on
19 what the criteria is to approve this PDD SP.
20
21 Alberto wants something done with the street parking. Lincoln to get comments from
22 Officer Carney of the Police Department.
23 Draft a decision.
24
25 Paul Gilligan,Walker Rd. abutter likes that the applicant is coming in piece by piece. He
26 believes that 20 apartments and 30 parking spaces aren't going to cut it. Nor is the distance
27 from the restaurant and parking lot going to make the restaurant accessible
28
29 Upon a motion by John Simons, 2nd Alberto Angles to close the public hearing, vote was 5-0
30 unanimous. PB should do a site visit. Applicant can meet PB on Saturday, July 28th at 9ish.
31
32 Public hearings:
33 S. H. David & Allyson Fournier, 15 Timber Lane--Map 64 --Parcel 38 - Watershed Special
34 Permit — Raze existing single-family dwelling and construct a new single-family dwelling
35 with deck, pool, and garage within the Non-Disturbance zone of the Watershed Protection
36 District.
37
38 Atty. Borenstein was present and stated that he just received VHB's review this afternoon.
39 He explained the project, which is to tear down the single family home; Fournier's have
40 owned this property for 17 years. Will replace w/a new home, pool, deck, garage etc.
41 Wetland line is set and got an extension to issue an Order of Conditions from Con/Com.
42 Project is on sewer now. Wetland is isolated. Proposing a much larger home. Put in 25 foot
43 long stonewall. Shed and patio are inside 50 foot. Moving house and driveway outside 100-
44 foot area. A permanent structure in the Watershed requires a variance from the ZBA.
45 Continue this until Aug 7th PB meeting.
46 s
Planning Board
Minutes
July 17,2007
Page 7
1 Impromptu discussions:
2
3 * Planning Department sent a letter to cell flower applicants to advise them that they have 30
4 days to respond otherwise their SP will be revoked. Put this issue on the August 7`h PB
5 agenda who has or has not responded to the 30 day letter.
6
7 * Chair to review the list of surety bonds and get back to Mary and determine which registered
8 letters will have to be sent out, applicants must renew their surety bond money or PB will go
9 back in and look at the permits and take back the permits. In a declining economy such as
10 this, the issue of road repairs that should have been done by the applicant don't get taken care
11 of, then it becomes the Town's problem. Chair is trying to avoid allowing this to happen.
12
13
14 * Chair to talk w/Town Counsel to discuss language of future surety bonds.
15
16
17 * Town Manager issued a letter to Mr. St. Hillaire (small white residential structure located
18 adjacent to Nursing Home on Turnpike Street) as Town wants to renovate existing building.
19 Deed over this structure to the Town and Town will take it over.
20
21
22 APPROVAL OF MINUTES:
23 9. Approval of the June 26, 2007 Minutes.
24
25 PB stated that they need time to read the"Minutes"before approving them,
26
27 Motion to adjourn by John Simons, 2"d by Alberto Angles, vote was unanimous 5-0 meeting
28 adjourned. at approximately 10:40 pm.
29
30
31 UPCOMING PLANNING BOARD MEETINGS:
32 August 7, 2007
33 August 21, 2007
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Planning Board
Minutes
July l7,2007
Page 8