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HomeMy WebLinkAbout2007-08-07 Planning Board Minutes NO pT,11 qNo 1Lyy T � o[ryli X1WKM � �9SsacKus���y TOWN OF NORTH ANDOVER PLANNING BOARD Minutes August 7, 2007 Town Hall, 120 Main Street 7:00 PM Members present: Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member Member absent: Alberto Angles, Clerk Staff present: Lincoln Daley, Town Planner Mary Ippolito, Planning Assistant Chair called the meeting to order at approximately 7:10 PM. Chair introduced the panel to the assembly and proceeded to announce the following agenda items. Postponement: There were no postponement items. Chair called for the following discussion items: 1. Ray Cormier, Chatham Crossing Subdivision. Modification to the approved drainage design to create above ground detention pond. Chair stated this has been an ongoing drainage structure issue with this subdivision and that an underground detention basin was not constructed,now they are looking at an above ground detention basin to handle the water management for the entire site, they will be looking for street acceptance soon. DPW agreed upon a less invasive design of a detention pond. Dan Corvious w/DK Engineering stated there is no detention present now for the basin. Please note: John Simons and Timothy Seibert arrived at 7:15pm. Planning Board Minutes August 7,2007 Page 1 RR wants to know why the condo association didn't put the detention basin in themselves? Chair stated that DPW is happy to see this detention pond design being put in now. Chair read a letter from Gene Willis dated May 24. JS stated that the PB spent a lot of time on the submittal of the subdivision approval process regarding drainage, grading, etc., and that the detention pond was located at the front end of the subdivision. JS stated now this is not what we're asked to do. JS stated that PB was lead to believe that underground detention basins were"state of the art." This needs to go thru a modification application. Chair stated that the engineering study required that this needs to hold a great deal of water in the basin. JS said this in not a minor modification. RR feels that the condo owner's property value has decreased because of this issue. Dan Corvious stated that the detention pond is 4 feet deep and it will be screened. JS stated that the PB should have an open process and let everyone know of this process. Chair stated some of the abutters were not in agreement at the original subdivision process. Chair wants to deal with the issue at hand now. Applicant should file a modification application and legally notice for a public hearing. Make sure Gene Willis will endorse this plan submitted by Mr. Corvious tonight. RR wants to hear from DPW why maintenance is such an issue with this project. If this street is accepted at Town Meeting then the Town maintains the drainage structure? Mr. Corvious will place exactly what should be on the plan of land. Chair asked if we approve this kind of project and the Town assumes the maintenance of this structure then think about this, Chair said maybe they would not have gone down this route because it's not coming out of the condo association, it comes out of the Town. RR thinks people in subdivision have the right to speak up. Mr. Corvious to submit a good strong plan that depicts everything, fence etc. and tell PB what he intends to plant. 2 Wireless Service Facilities, - Resolution of Site Plan Permits, Planning Department sent a letter to wireless service facility companies requesting that the Site Plan Permits be renewed and established a 30-day window to respond. Lincoln stated we have been working w/Sprint on the procedures required. Chair wants to give them until August 13ffi, if they don't contact us by then to make plan to renew then there is a penalty$300.00 per day. State our bylaw. 3. Surety Bond Administration Process. Chair to review the list of surety bonds and provide feedback to Planning Staff to identify expired surety bonds and establish a notification process for renewal. Chair to talk w/Town Counsel to discuss language of fixture surety bonds. Chair explained the Dean Chongris surety bond issue and that the surety bond doesn't expire. Chair wants PD to be proactive and send out letters prior to expiration. Planning Board Minutes August 7,2007 Page 2 Chair signed both letters to Peachtree (Mr. Darcy) and to Peter's Street Realty Trust (Tribune). 4. John Carroll, 642 Turnpike St,, Requesting a waiver from Site Plan Review Special Permit to allow a change of use from Residential to CDD2— Lincoln stated that this property is located away from North Andover side, it's near McGregor's Pence Co. There is language in the zoning district to allow applicant to request a waiver and not go thru application process. JS doesn't like not legally noticing the abutters because the PB wants to do this the right way. Chair doesn't want to open this up for review. Lincoln read Section 16.11 of the bylaw section regarding a waiver. JS wants to know the specifies of the language. JS asked does it say under the bylaw when change of use from residential to non-residential you have to comply with the Site Plan process? Lincoln read the bylaw relative to 8.3 and CDD2 district. John Carroll was present,his intended use is strictly for landscape design and to renovate a single family dwelling into office space, same foot print and he's bringing it up to code. He may do cobblestone detail in parking area. Maybe some signage will be done. Lincoln is in favor of this project. This is the first applicant to come into the CDD2 district. JS wants to re-read the language in the bylaw. This one is pretty benign and a small lot,PB really didn't need to see this tonight. Chair explained that PB needs to clean up the language in CDD2 district in the bylaw. Motion by Richard Rowen to waive the Site Plan Review SP for CDD2 zoning district, 2"d by Timothy Seibert, vote was unanimous 5-0. 5. Chai Senabunyarithi, former owner of Chai Restaurant, 1070 Osgood St. Requesting a bond release in the amount of$5,000.00. Letter from engineer and as-built submitted. Motion by Richard Rowen to release and close out the bond of$5,000.00+ accrued interest, 2"d by Jennifer Kusek, vote was unanimous 5-0. 6. 365 Johnson St.,Joe Pelich. Requesting a bond release in the amount of$1,000.00. Letter from engineer and as-built submitted. Chair directed the PD to put this on the next PB agenda because the wording submitted in the letter doesn't seem correct. DPW didn't get back to the PB on this issue. Chair called for the Continued Hearines: 7. Sprint Spectrum L.P.—300 Chestnut Street—Modification of a Special Permit installation of 7' —6"x10' (8' high) versaflex equipment cabinet into existing tower compound. Nine new panel antennas w/antenna centerline of 130' —0" on existing lattice tower within R-3 zoning district. Applicant to request to Withdraw Without Prejudice Planning Board Minutes August 7,2007 Page 3 Lincoln stated the PD is in receipt of a letter from the applicant requesting to withdraw without prejudice. Upon a motion by Jennifer Kusek to allow Sprint Spectrum, L.P. to Withdraw Without Prejudice, 2nd by Timothy Seibert, vote was unanimous 5-0. 8. Edgewood Retirement Community, Inc., 575 Osgood Street,Map 36, Parcels 3, 17, 18, and 19 - Site Plan Review Special Permit and a Modification Special Permit to construct 27 new cottages & greenhouse &new 20 foot wide roadway with individual driveways to access cottages within the R-2 zoning district. Applicant sent revised plans on 6121107 Lincoln stated this meeting is to discuss VHB review, and historic commission, and visual from Half Mile Hill view scape. Mr. Ingram stated he wants a waiver for the traffic study. He obtained traffic studies in 1986 and 1989. Both are consistent with current conditions now. Study indicates its well below maximum volume of traffic and there should not be any excess use. Chair stated traffic study is 20 years old. RR doesn't have an issue w/27 more cottages. Motion to waive a traffic impact study for Edgewood Retirement Community application by Richard Rowen, 2nd by Jennifer Kusek, vote was unanimous 5-0. Mr. Ingram asked that the fiscal impact study be waived, public services is major impact, road within site is private road, Edgewood will be responsible for maintaining the roads, garbage is Edgewood's responsibility too,utilities were designed for 250 capacity. No impact upon school. JS asked if they crosschecked the reality with original study of fiscal impact? Mr. Ingram could not give specific figures regarding Fire Dept, etc. Motion to waive additional fiscal impact report regarding Edgewood application by Richard Rowen, 2nd by Timothy Seibert, vote was unanimous 5-0. JS voted in favor but it doesn't mean he endorses the overall project. Mr. Ingram stated that because of the Community impact study, and because of the neighboring historic structures etc. he has developed smaller rather than larger structures & took measures to restore the barns&tearing down dilapidated existing structures. Chair thought that in original decision the community impact study was waived? PB discussed the definition of what a community impact study is. Mr. Ingram will submit a study and outline the points done in 1989 and call it a community impact study. VHB submitted their review and Mr. Ingram will finalize their comments tomorrow. Historic Commission met w/them and addressed their issues; they sent e-mail to Lincoln indicating that they will not oppose the demolition of sheds in this project. Submitted photos of Half-Mile Hill and included construction of units. Including evergreen plantings on Edgewood side of property to keep a visual buffer. Planning Board Minutes August 7,2007 Page 4 PB discussed tree plantings of evergreens etc. JS wants stakes at the end of where the building is and at the top of the new building and at the other end of where new structures are, and front of driveway of buffer. JS wants to see architectural renderings tonight_Get VHB responses. If there are open items Lincoln to address them.. Edgewood will not do any work beyond the moratorium line. Edgewood to put together a community impact report. Come back in at the next PB meeting. 9. H. David & Allyson Fournier, 15 Timber Lane—Map 64 —Parcel 38 - Watershed Special Permit—Raze existing single-family dwelling and construct a new single-family dwelling with deck,pool, and garage within the Non-Disturbance zone of the Watershed Protection District. Continue from June 26th. Lincoln stated he has a final review from VHB and issues have been addressed, he's satisfied with the application and he recommends approval and draft a decision for the next PB meeting. Atty. Borenstein stated see the VHB review he needs a variance from ZBA? Permanent structure in Watershed requires a variance from_ZBA, however, this is an accessory structure such as a pool. Motion to close public hearing tonight by John Simons, 2nd by Richard Rowen, vote unanimous, 5-0. Draft a decision. PUBLIC HEARING: 10. Thompson Brothers Industries,Inc. 210 Holt Road, -Map M34 &M77 Parcel L27, L38, L40 &L14- Site Plan Review Special Permit to construct a recycling facility and solid waste transfer station of approximately 30,000 s.f. within 1-2 zoning district. Philip Jagoda, Engineer, explained the project, as it is a solid waste recycling facility, 30,000 s.f. This was approved by State and local permits. BOH dictated the site design. EOEA granted a certificate of approval. Con/Com confirmed wetland of 100 feet of area of delineation. NOI was submitted in July. 17,000 s.f. in SE comer of buffer zone. Required underground storage mandated by BOH. Applicant needs to combine lots via form A. Bill Thompson, owner, stated lot 1 is not part of the site assignment process. Lincoln to check this out. At minimum take the middle two lots and combine them via form A. Lots 2, 3, 4 specifically were designed to handle the drainage on those lots. Chair wants the PB to read the entire package. Lincoln to make sure to read site assignment. Traffic study done and most of traffic flow was dictated by the traffic study. Trucks are mandated to use Haverhill connector. Planning Board Minutes August 7,2007 Page 5 Lincoln received VHB comments. Make sure final plan is in compliance w/Town of N.A. bylaws. Fiscal Impact and Community Impact were completed for the site assignment. Steel constructed facility,height restricted to 40+ feet ("restricted to 40+ feet" sounds awkward. It contradicts itself). He should submit complete renderings of facility to Lincoln. The existing business in on lot 4 currently. Come back in on 215. If applicant doesn't have their responses then ask them to submit a continuance. DRAFTED DECISIONS: 11. GFM General Contracting Corp., 1812 Turnpike Street,Map 1061),Parcel 46 & 47— Site Plan Review Special Permit - Construct 3 8,43 0 s.f. retail/office building within General Business zoning district. Applicant submitted waiver for June 19, 2007. Revised plan submitted on 7/11/2007. Closed the public hearing and draft a decision. Same set of plans for both decisions. #16 condition trailer strike the word strictly. Motion to approve a Site Plan SP for a retail office bldg. as amended this evening by John Simons, 2nd by Richard Rowen, vote was unanimous 5-0. 12. GFM General Contracting Corp., 1812 Turnpike Street,Map 106D, Parcel 46 & 47 Request for Common Driveway Special Permit within General Business zoning district. Lincoln stated that this is the first public hearing for a Common Driveway. Use the July 9, 2007 plan. VHB did review this project and has no issues w/it. Closed the public hearing. Driveway will be constructed in accordance with the plans submitted. Motion to approve a SP Common Driveway as amended this evening by John Simons, 2nd by Jennifer Kusek, vote was unanimous 5-0. 13. RCG North Andover Mills LLC , One High Street (a/k/a/ 120 Water Street& 21 High Street—Preliminary Planned Development District Special Permit—Conversion of 35,000 s.f. of office space to 15,000 s.f. of retail space, and twenty 1 &2 bedroom apartments within the I-S zoning district. Drafted decision. Motion to approve Preliminary Planned Development District SP. Edits: eliminate the word correctly on letter a.put in sufficiently. Motion to approve a PPDD SP by John Simons, 2nd by Richard Rowen, vote was unanimous 5-0. PB wishes the applicant best of luck. Lincoln to ask Town Counsel if a preliminary is required. APPROVAL OF "MINUTES": Approval of the June 26, 2007 Minutes. Motion to approve the Minutes as amended by Richard Rowen, 2nd by Jennifer Kusek, vote unanimous 5-0. d Planning Board Minutes August 7,2007 Page 6 Approval of the July 17, 2007 Minutes. Motion to approve the Minutes by Jennifer Kusek, 2nd by John Simons, vote was 4-0 unanimous. Richard Rowen abstained from voting. Motion by Jennifer Kusek to adjourn at approximately 9:30 pm, 2nd by Tim Seibert. UPCOMING PLANNING BOARD MEETINGS: August 21, 2007 September 4, 2007 September 18, 2007 By order of the Planning Board Approved Planning Board Minutes August 7,2007 Page 7