Loading...
HomeMy WebLinkAbout2008-02-06 Planning Board Minutes NO R Tli O� %-E ID 2 DRAFT 3/4/08 * _ 3yy C11 e� T CO[HiC newK.t V 5 ��SSRcE�u5���5 6 7 TOWN OF NORTH ANDOVER 8 PLANNING BOARD 9 Minutes of the Meeting 10Wednesday, February 6, 2008 11 Town Hall, 120 Main Street 12 7:00 PM 13 14 Members present: Richard Nardella, Chairman 15 John Simons, Vice Chairman. 16 Richard Rowen,regular member 17 Jennifer Kusek,regular member 18 Timothy Seibert, alternate member 19 20 21 Member absent: Alberto Angles, Clerk 22 23 Staff present: Lincoln Daley, Town Planner 24 Mary Ippolito, Recording Secretary 25 '.6 L? Chairman Nardella introduced the panel to the assembly at approximately 7:05 prn. 28 29 Chair stated that during voting yesterday the additional egress road located at the high school 30 was locked and gated. When the Planning Board rendered their decision they wanted that gate 31 open for certain events at the high school, the reason being that it's a matter of public safety that 32 our Town have one entrance and one exist. There was a traffic jam.-up at one of the previous 33 elections, and the Superintendent (Mr. Hartonnian) promised that somebody would man the gates 34 to ensure that people could getout. Chair instructed Lincoln to send a letter asking why the gate 35 to Rte. #125 was not opened for the election on Tuesday night and send it to the School 36 Committee,principal of our high school and cc Town Manager. Chair stated there is no reason 37 to have everything bogged down, 'PB makes developers live up to their decisions, so we make 38 school department live up to their decisions, or we do something about it. 39 40 41 CHAIR CALLED FOR THE FOLLOWING POSTPONEMENT: 42 43 ]. The DF Parker Company,LLC,500 Sutton Street, Map 74,Lot 1-B. Site Plan 44 Review Special Permit to permit construction of a 20,540 s.£, two floor masonry and steel pet 45 care facility and a Watershed Special Permit for the construction of a detention basin in the 46 Non-Discharge buffer zone within the I-2 zoning district. Applicant requested to be postponed, 47 as their engineer needed more time to respond to VHB's review. 48 Planning Board Minutes of the Meeting February 6,2008 Page 1 I' CHAIR CALLED FOR FOLLOWING DISCUSSION: 2 3 Annual Town Meeting Zoning Amendments: 4 2. Rte. 125 Corridor Rezoning—Workshop to discuss the rezoning of parcels along the 5 northern corridor of Rte. 125 and Osgood Street. 6 7 Lincoln did a presentation showing the different parcels on the zoning map, pink color signifies 8 B-2 new zoning district. 9 10 Chair stated create language regarding a particular zone and call it B-2 or B 1, Lincoln wants to 11 work within the confines of the current zoning and not to create a new zoning district. Chair 12 wants to make this flexible. 13 14 RR what's B-2 for? Lincoln explained the property owners want their district done individually. 15 Some of the pre-existing non-conforming lots were like that when their development was built 16 provided they don't go beyond the lots lines they currently have, this is for any pre-existing non- 17 conforming use. 18 19 JK agrees to keep this simple. 20 21 RR asked why not go with B-2 and CDD1 or CDD2 district? Lincoln stated he agreed, combine 22 one structure w/4 business in it. Make them only one-acre lots PB doesn't want drive thru 23 restaurants. 24 25 Chair stated just call it CDD3? Follow the same theme as before and drive thru is only permitted :6 by special permit. 27 28 RR stated restrict a bank drive thru but restrict the distance where another bank drive thru could 29 be built. 30 31 CHAIR CALLED FOR FOLLOWING DISCUSSION ITEM: 32 33 3. Modifications to Sections 8.1 Off-Street Parking and 8.3 Site Plan Review— 34 Formation of Subcommittee to update the current parking regulations. 35 36 Lincoln submitted his review to the PB tonight. See#1 put in a movie theatre, 2 providing 37 design standards etc. (see handout). 38 39 Chair asked are our Town's parking regulations/spaces better than other towns? 40 41 Lincoln stated that our parking regulations are prohibitive, especially in the down Town area, it 42 creates a sea of parking, our regulations in place look at the use within a retail facility or plaza 43 and also the times in which the uses are actually being utilized by hours of operation and because 44 of this we over constructed parking spaces in Town. This creates a burden on the applicant to 45 adhere to those standards and creates a less than desirable parking design on overall project. As 46 opposed to designing the project they designed the parking first as opposed to designing the 47 project first. �S Manning Board Minutes of the Meeting February 6,2008 Page 2 lF Chair stated marry up Lincoln's suggestions with what we have today. He sees single and multi 2 family 2 per dwelling units what are the requirements today? 3 4 Lincoln stated some are the same. Chair stated we have issues when we get to section regarding 5 restaurants then we come up with the Park Street Redevelopment and we find that the parking 6 would have been too much. 7 8 RR stated the lot across the street (Messina's Plaza) is never totally full and it's half the number 9 of parking spaces required. 10 11 Lincoln stated that looks at the kind of spaces utilized, the Chowder House is open a little after 12 hours,but otherwise the parking lot is empty. 13 14 Chair stated there was a pre-existing bylaw existing at the time when Messina's Plaza was built 15 if they built down town they only needed 50% of the required parking spaces that parking lot is 16 literally half of what it was supposed to be and there is still plenty of parking imagine if it were 17 twice the size? 18 19 Lincoln to submit a table of what he is proposing verses what we have now. 20 21 Lincoln stated number 8 on page 7 see parking provided on a separate lot, an example being 22 RCG, they have a parking easement on the West Mill site which they couldn't really use to 23 satisfy their parking requirements according to our current bylaw, this section would allow them 24 to do that. Most important, looking at common parking areas among different uses such as a 25 restaurant and a business. A restaurant requirement is really tough to meet; this one actually 16 looks at the entire plaza based on the peek use during that time of day. 27 28 CHAIR CALLED FOR FOLLOWING DISCUSSION: 29 30 4. Modifications to Section.4.2 Phased Development Bylaw—The Phased Development 31 section is set to expire on July 1, 2009. 32 33 Lincoln stated Atty. Urbelis submitted a memo stating Section 4.2 bylaw would expire on July 1, 34 2009. Town should complete the Master Plan or extend the 4.2 bylaw for an extra few years and 35 address it then. Per Curt Bellavance the Town is looking to revise its Master Plan that is more 36 than 8 years old. PB still has to do more work on our current studies that apply to Section 4.2. 37 38 Lincoln recommends put language in current bylaw Section 4.2 to allow the PB to issue a SP to 39 allow for it's own Phased Development in Town such as RCG as an example. 40 41 Chair asked if we have exemptions to Phase development such as 55 and over housing? Because 42 if you look at RCG and it's going to be one-bedroom apartments and we're guessing 90% single 43 people why do we want to restrict it? 44 45 RR stated see Boston Hill as an example, from an environmental point of view, stabilize it each 46 winter,but don't drag it thru 6 years, it will become an eye soar and a risk. 47 -8 RR stated that this Town in the mid-80's could not keep up with the rapid growth, and that's why 49 this bylaw was put in initially to give the Town a change to let the infrastructure keep pace. If Planning Board Minutes of the Meeting February 6,2008 Page 3 1 there was a subdivision with 90 homes in it then maybe you would have to phase it, the school 2 impact, if that isn't the case and there is no screaming need for infrastructure to catch up with the 3 development pace then it's a burden that is not necessary. 4 5 Lincoln stated see page 56 (underlined in red) this may give PB flexibility to design phase 6 developments,which are more relevant to what we are seeing now. 7 8 Chair asked could RCG apply for modifications retroactively? 9 10 Lincoln stated no when decisions are approved by the PB that decision must adhere to the 11 standards of the bylaw at that time. 12 13 RR asked could it apply for a modification? 14 15 Lincoln stated yes. 16 17 Chair stated so RCG could come in and apply for a modification under the new zoning bylaw? 18 19 Lincoln stated yes. 20 21 Chair commended Lincoln for his good work on this project. 22 23 24 CHAIR CALLED FOR FOLLOWING DISCUSSION: 25 ?6 5. Modifications to Section 2. Definitions to define the term "Structure" and "Trailer". 27 28 Lincoln stated this stems from a previous issue which involved a recent Site Plan Review process 29 and an appeal process. Our Town Counsel along with Butcher Boy filed a dismissal involving 30 an appeal by Mr. Ragonese on the PB decision. 31 32 RR asked did the Court define what is a structure? 33 34 Lincoln stated yes. The Court decision involving the definition of what a structure actually is as 35 applies to the trailers on the Butcher Boy site is well defined. 36 37 Lincoln stated see page 2 for his recommendation: "Structure means a combination of materials 38 that form a construction that is safe and stable including among other buildings stadium stands, 39 reviewing stands,platforms with staging observation towers, ratio towers, water towers,water 40 tanks, private and public swimming pools, permanent storage trailers and condexes, and the rest 41 is the same, where the addition would be is: where the North Andover bylaws are silent then the 42 current of the Mass Building code shall be assumed to apply". 43 44 Chair is troubled by the term permanent storage trailer. If we define the bylaw more specifically 45 then the Building Inspector will have something to hang his hat on. How does he tell the 46 difference between permanent storage trailer that has wheels and a temporary storage trailer that 47 has wheels? «`18 Planning Board Minutes of the Meeting February 6,2008 Page 4 1 Lincoln stated that will fall upon the recent court decision which defines what a permanent trailer 2 is. 3 A 5 Chair asked if the PB could enhance that somehow? We know what we want to exclude. 6 7 RR stated put the court language in there so that they don't have to look up what the language is. 8 9 10 CHAIR CALLED FOR FOLLOWING DISCUSSION: 11 12 6. Modifications to Section 6. Signage and Sign Lighting Regulations. 13 14 Lincoln submitted the same language as last year. Due to the lack of interest on everyone's part 15 there is a recent push by the BOS to examine the issue of signs and put forth a sign bylaw. 16 Lincoln stated he's working w/BOS and ZBA Chairman to revise this to a certain degree and to 17 have this ready this year. 18 19 20 CHAIR CALLED FOR FOLLOWING DISCUSSION: 21 22 7. Wireless Bylaw Committee Update. Modification to the Section 8.9 Wireless Service 23 Facility 24 25 TS stated they want a draft bylaw by March 7th and asking for feedback by April 7th. TS will '.6 continue to send language to the PB even though this project is moving slowly. 27 28 RR stated if the purpose in the bylaw is to get rid of cell phone towers then committee is on the 29 wrong direction. 30 31 Chair stated TS to look at what the purpose of the Cell Tower Committee is. 32 33 TS stated he didn't know if what was currently under the purpose section under#1, he would 34 assume that what is in there is in the current bylaw, the committee has not addressed that section 35 yet, what they have addressed is definitions etc. 36 37 TS stated the Committee membership changed, a woman was added as a resident w/health care 38 experience. 39 40 RR stated the original discussion was geared around wireless facilities, the transmission of radio 41 waves emitting issue,however, if committee thinks their charter is to get rid of all towers then 42 they are wrong. 43 44 Chair stated we have"one new cell tower in Town" on Osgood Hill property. The other towers 45 were put up many years ago. Look at the 600-foot issue and come up with some realistic 46 regulations. 47 18 Lincoln stated we have a project in CDD development that is now done so it's working, have a 49 lot of inquires on CDD1 district. Planning Board Minutes of the Meeting February 6,2008 Page 5 „ 1 2 Chair stated when people from Avalon spoke they said they would come right back in? Curt 3 stated it's still in design phase, should be hearing soon hopefully. 4 5 6 CHAIR CALLED FOR CONTINUED HEARING(S): 7 8 8. Park Street Redevelopment LLC, 498 Chickering Road, Map 71, Parcel 26. Site 9 Plan Review Special Permit to raze existing structures of gas station and automobile service 10 station and construct a 5,000 s.f. one-story retail building. 11 12 Lincoln stated drainage design was addressed w/engineer. Lincoln drafted a decision. 13 14 Edits: 1. Revised calculation of parking needs to be modified in accordance w/what they 15 presented. 2. They responded to traffic analysis on Rte. #114 but how do they categorize the 16 drive thru? However, VHB has a different opinion of what a restaurant is? Discussions are on 17 going. 18 19 Chair asked did study use morning peak hour? Lincoln stated basic concern is the queuing in 20 the morning; the morning hours are more utilized. 21 22 Please note: John Simons arrived at Bpm. 23 24 Lincoln stated make one of the entrance ways an exit only. 25 ...)6 Brian Darcey stated Dermott Kelly provided his traffic study to VHB and his study was right on 27 in his evaluation. 28 29 Lincoln stated the issue is the queuing effect on Chickering Road. PB can make changes in the 30 future if they need to regarding the queuing of cars. Put arrow showing entrance and exit. 31 32 Steve Stapinski stated driveway and parking lot is designed to be two-way traffic in front and 33 one way in back. Circulation wouldn't work if you had one exit and one entrance. 34 35 RR stated leave one of them as is, and make the other one a two way. 36 37 Lincoln will put a condition in the decision that PB will review this during the first year of 38 operation. 39 40 Mr. Stapinski stated he answers to Mass Highway authority, even though we have exiting curb 41 cut, then PB may go in to modify this curb cut but Mass Highway may say no. 42 43 Chair stated put in the decision pending Mass Highway approval. 44 45 Mr. Stapinski to send a PDF for modification to Lincoln ASAP. 46 47 Motion by RR, 2nd by JS to close the public hearing vote was unanimous 5-0. 18 Planning Board Minutes of the Meeting February 6,2008 Page 6 I Chairs edits: Finding of fact#3; see if this needs to be modified by Lincoln. TS #2, take out 2 Berry Street in decision. JK 493 Chickering Road is wrong change it to 498 make it consistent 3 throughout. JK said page 2 at top see 493? 4 5 Chair stated do we need environmental monitor? Lincoln stated we could take it out. Chair 6 stated put in"if required" at the direction of PB. Chair stated get rid of the word 7 environmental leave construction monitor in. 8 9 Chair asked if Mobile will clean up site does PB get a copy stating site is clean? Lincoln stated 10 usually yes, if not he can contact DEP. 11 12 Brian Darcey stated he has owned the property for a year and he has paperwork from Mobile 13 stating the site has been cleaned up. 14 15 JS stated put this in finding of fact (about Mobile cleaned up site.) 16 17 Chair stated bond this for$5K as site opening bond, which can be rolled over into $15K as- 18 built bond. Chair wants Mr. Darcey to keep this site clean. Chair will look to enforce this 19 issue. Put in RR statement about reviewing this site within the first year. 20 21 Mr. Darcey stated prior to certificate of occupancy see#8 he feels the $15K bond would be 22 covered in this issue. Chair stated the $15K is for as-built issue. Mr. Darcey stated P#8 23 reference demonstrating materials regarding sign? This stays in. 24 25 Motion by RR to approve 498 Chickering Road Site Plan SP as amended 2nd by JS, vote was >6 unanimous 5-0. 27 28 CHAIR CALLED FOR PUBLIC HEARING(S): 29 30 9. Robert Ercolini, 880 Great Pond Road—Map 103,Lot 111 —Watershed Special 31 Permit to raze existing dwelling and construct a single-family dwelling, driveway, &roof runoff 32 infiltration system within the Non-Disturbance and Non-Discharge district within the R-1 zoning 33 district. 34 35 Lincoln stated this is to raze existing house and construct a new residence etc. Applicant went to 36 ZBA for relief from 4.136 and determined that a variance was not needed because building a 37 new structure doesn't apply to the percentage of the new structure. 38 39 Patrick Bower, Andover Consultants, stated since existing structure will be completely removed 40 then looking at conforming lot w/conforming structure will be ok, VHB reviewed project, and 41 Mr. Bower reviewed their comments. He's working w/Con/Com and filed NOI. New house has 42 increase in impervious area. VHB stated separation from water table issue. Engineer specified 43 stone trench would take care of run off. 44 45 JS asked how close is corner of construction to lake itself? Lincoln stated 111 feet. There is a 46 variance issue for this purpose to build within 100+feet of lake. Question is there a tributary to 47 the lake lying within 100+feet of proposed structure? Engineer stated the stream is intermittent. `;8 Planning Board Minutes of the Meeting February 6,2008 Page 7 1 Chair stated 189-foot variance was granted on a 250-foot non-disturbance area? Deck is 2 encroaching on the lake by about 40 feet? 3 i 4 Mr. Ercolini stated he is removing existing structure and complying w/wetland protection Bylaw 5 to rebuild a new structure. When Atty. Vivenzio is available he may be able to put this issue into 6 perspective, Mr. Ercolini wants to stay in this neighborhood and build a retirement home there, 7 which should be better and good for the Town. Mr. Ercolini stated he would use a stone 8 foundation and canter leave it out, talking to architect on how to achieve this. Engineer stated 9 existing driveway would stay the same. Engineer stated standard pavers incorporate spaces for 10 stony pervious material. 11 12 RR asked what kind of soils are there? Engineer stated pre-draining soils are there now. 13 Engineer stated cellar drain is clean ground water. Put rip wrap stone there to defuse creating a 14 ditch. 15 16 JS wants engineer to state these are best practices regarding infiltration is working, and 17 demonstrate that it is better than it was with the other house but prove it beyond a reasonable 18 doubt. 19 20 Engineer stated bridge is used because it's in a wetland and has been there historically. 21 22 RR asked is stonewall going to be 7 feet high? Engineer said it's going to be 2 feet high. 23 24 Engineer stated hay bale line runs with wall so work done doesn't run off into wetland, 25 6 Lincoln read 47 regarding less than 50%of gross floor area. There is an existing two-bedroom 27 home located there now, and there is an abutting property containing the barn. 28 29 Chair stated it falls to the PB to protect the lake so Lincoln stated VHB has made comments and 30 reviews. They made their usual statement that project will not affect the lake etc. 31 32 RR stated you would strip existing lawn he wants to see recommendation by a professional 33 (landscape architect) to propose where to put shrubs etc. and to satisfy Con/Com. 34 35 Lincoln wants him to check the Variance from ZBA because it only permits the relief from 100 36 foot buffer zone and 15 feet regarding wetland resource area, therefore, there was only one 37 variance issued and it should have issued two variances the other being from the lake itself. 38 39 Chair instructed Lincoln to send a letter on the applicant's behalf asking what the intent of the 40 ZBA was regarding their variance. 41 42 David Poalino, 940 Great Pond Rd, abutter,his concerns are major such as replacing a 1200 s.£ 43 home with 8K s.f. home. Most of the homes on Great Pond Rd. are set back several hundred feet 44 from the lake front, this project is very close to the water, the stream is very shallow in that area 45 it's 2 feet in the summer it's a lot less then that in the winter and it does not flush out. 46 0 47 Chair stated VHB does their review and they are the experts. PB will make a site walk maybe a 8 site walk on 10 at 8am. Mary send e-mail to PB reminding them. Not for this Saturday but for Planning Board Minutes of the Meeting February 6,2008 Page 8 ,1 next Saturday do a site walk. Mr. Ercolini will meet the PB then, and engineer should be there 2 too, and abutter is welcome to join the site walk as well. 3 4 JK asked what's with the big house on the lake that is being built? Lincoln stated it's on going 5 issue by the building inspector, not sure what the time line is? Lincoln to get back to JK. 6 7 CHAIR CALLED FOR PUBLIC HEARING: 8 9 10. RCG, 21 High Street W Map 069.0 & 068.0 Lot 0001 & 0010 for a Site Plan Review 10 Special Permit and Definitive Plan Approval for Planned Development District Special 11 Permit for Phase 2 which shall include the renovation and conversion of approximately 65,000 12 s.£ of existing vacant space and total of fifty residential, loft-style, one&two bedroom 13 residential units located within the second and fourth floors of Building#3A and the fourth and 14 fifth floors of Building No.1 the conversion of other space within the existing building to 15 commercial uses along with parking and other improvements on the premises in the I-S zoning 16 district. 17 18 Board to open this petition, however, applicant wishes not to be heard this evening as they are 19 gathering additional information for the February 19th PB meeting. JS asked are they coming in 20 with residential? 21 22 Lincoln stated the issue of the parking garage wouldn't be resolved until Town Meeting. 23 24 JS made a site walk to look at the parking issue. They need to look at parking on both sides of 25 the street to come up with a better parking strategy. Slope changes of land etc. Easement issues �6 also. 27 28 RR stated neighbors made agreement regarding the parking garage and PB understands this 29 issue. Find out what was done regarding the limitation of the parking garage. Lincoln stated 30 they could modify the Special Permit from the ZBA, or amend the bylaw to allow them to extend 31 the backside of the property. 32 33 JS stated the decision that was done by the ZBA is what it is. Check the deed and see if it was 34 ever recorded. 35 36 37 CHAIR CALLED FOR APPROVAL OF THE "MINUTES". 38 39 10. Minutes for the following Planning Board Public Meetings 40 ■ November 20, 2007 41 ■ December 4, 2007 42 ■ December 18, 2007 43 * January 15, 2008 44 45 Motion by JS to approve the following"Minutes": Nov 20, 2007, Dec 4, and Dec 18,'2007 so 46 moved by RR vote was unanimous. 47 49 UPCOMING PLANNING BOARD MEETINGS: Planning Board Minutes of the Meeting February b,2008 Page 9 d I r i 2 ■ February 19, 2008 3 ■ March 4, 2008 4 . March 19, 2008 5 6 7 Mary to get back to the Chair on the March PB meeting is there a conflict with the primary 8 election? 9 10 Motion made by RR to adjourn, 2"d by JS,motion approved vote was unanimous meeting 11 adjourned at approximately 9:30 pm. 12 13 14 15 By order of the Planning Board 16 17 18 19 Approved 20 21 22 23 24 25 }6 27 28 Note: The Planning Board reserves the right to take items out of order and to discuss and/or vote 29 on items that are not listed on the agenda. Planning Board Minutes of the Meeting February 6,2008 Page 10