HomeMy WebLinkAbout2008-04-15 Planning Board Minutes pORTIf
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 April 15, 2008
9 Town Hall, 120 Main Street
10 7:00 PM
11
12 Members present: John Simons, acting 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
24 Acting Chairman Simons introduced the panel to the assembly and called the meeting to order at
5 approximately 7:10 pm.
26
27 CHAIR ANNOUNCED THE POSTPONEMENT (S):
28
29 The DF Parker Company, LLC, 500 Sutton Street, Map 74, Lot 1-B. Site Plan Review
30 Special Permit to permit the construction of a 20,540 s.f. two floor masonry and steel pet care
31 facility and a Watershed Special Permit for the construction of a detention basin in the Non-
32 Discharge buffer zone within the I-2 zoning district. Requested continuance until May 6`f'PB
33 meeting.
34
35 T. Mobile, Wireless Communications, 451 Andover Street, Map 24,Lot 28. Special Permit
36 8.9 to allow the replacement of existing three antennas with three antennas of a similar sized
37 model, mounted in exact same locations, and the construction of one additional radio cabinet
38 adjacent to existing radio cabinet on the existing leased rooftop space within the General
39 Business zoning district. Awaiting VHB review.
40
41
42 CHAIR CALLED FOR PUBLIC HEARING(S):
43
44 2008 ANNUAL TOWN MEETING WARRANT ARTICLES:
45
Planning Board Meeting
Minutes of the Meeting
April 15,2008
Page 1
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1 I) Article 14: Capital Improvement Plan Appropriation Fiscal Year 2009. (Petition of
2 the North Andover Division of Public Works).
3 Bruce Thibodeau and Gene Willis were present, Mr. Willis stated this is part 3 of a multi-year
4 project of road improvements, which includes major drainage issues. There is no other way to
5 -fix drainage problem without CIP approval. Drainage problem comes from Autran Ave. across
6 area down Adams Ave. Foxwood booster pumping needs to upgrade pumps.
7 Motion by AA to recommend favorable action on Article 13, sub section #14.
8 #15. #16. #179 2"d by RR, vote was unanimous.
9
10
11 2) Article 19: Appropriation and transfer of funds to purchase former Merrimack
12 Valley Federal Credit Union Building. (Petition of Board of Selectmen)
13 No vote was taken.
14
15
16 3) Article 25: Enforcement of General and Zoning Bylaws (Petition of Steven Tiydel).
17 Atty. Urbelis stated even if this passed it wouldn't have any effect, it's written to compel land
18 use boards and ZBA to do certain things, however, the Boards have their own independent
19 obligation under State law. This article could not compel Board to do other than what Boards are
20 compelled to do. Mr. Tryder's bylaw would not allow PB to grant a Special Permit or the ZBA
21 to grant a variance. This bylaw would compel Board members to be removed from their position.
22 TS asked how often would Town Counsel be compelled to explain why the ZBA is doing what
23 it's doing? Atty. Urbelis stated this bylaw would require that a legal opinion would have to be
14 done.
25 Motion by RR, 2nd by AA to recommend unfavorable action, vote was
26 unanimous.
27
28
29 4) Article 26: Enforcement of Wireless Service Facilities Zoning Bylaw Section 8.9.3
30 (c)(v)(1) (Petition of Michael Dyer.)
31 Atty. Urbelis stated this bylaw tells the ZBA what it is supposed to do. Atty. Urbelis stated how
32 could the ZBA be forced to have a hearing? The permit for cell tower was issued by the Building
33 Inspector for First Calvary Baptist church. Atty. Urbelis recommended a negative on this bylaw.
34 Motion by RR, 2nd by AA to recommend unfavorable action, vote was
35 unanimous.
36
37
38 5) Article 27: Amend General Bylaws-Add New Section — Chapter 92 Eminent
39 Domain. (Petition of Edwin Tripp III)
40 Ted Tripp, 262 Boston St., stated this article would limit so land could be taken for public
41 purposes only. RR added in P2, the purpose...,.....RR wants to add the word in roadway.
42 Mr. Tripp agreed.
43
44 TS asked if Town wants to do eminent domain? Board stated no.
15
Planning Board Meeting
Minutes of the Meeting
April 15,2008
page 2
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1 Atty. Urbelis stated he's concerned about wording there should be clarity how easements are
2 handled in the article. Mr. Tripp should say we can still take easements, and see P2 it can be
3 read to limit the taking of those 4 specific things that are there, insert in there for actual public
4 use and ownership including but not limited to.
5
6 Mr. Tripp stated he has no problem as he could see it could be difficult to ascertain what it
7 means. In terms of easements this kind of language would also apply to casement, if you take an
8 easement on a property it would only be taken for public use.
9
10 Chairman Simons wants to see the final language in time for the next PB meeting.
11 No vote was taken.
12
13 6) Article 29: Acceptance of Fould's Terrace as a Public Way (Petition of Board of
14 Selectmen.)
15 Gene Willis will be at BOS Meeting on the 28th for taking of Foulds Terrace. Wants to get it
16 accepted as a public way in front of Town Meeting 08.
17 Motion by AA to recommend favorable action, 2"d RR, vote was unanimous.
18
19
20 7) Article 30: Taking of Autran Avenue for a Public Way (Petition of Board of
21 Selectmen.)
22 Autran Ave. will be in front of BOS but will not go for Town Meeting in 08. Atty.Urbelis stated
23 there is a Federal tax lien on part of the property, if it isn't cleared up at Town Meeting it will be
74 withdrawn.
25 Motion by RR, 2 o by TS, to recommend favorable action, vote was
26 unanimous.
27
28
29 8) Article 32: Amend Vote Article 42-1997 Annual Town Meeting-Removal of
30 Development Restrictions on Map 62, Parcels 18, 9, and 64. (Petition of Board of Selectmen)
31 No vote was taken,
32
33
34 9) Article 33: Amend North Andover General Bylaws, New Chapter, Chapter 160
35 Storm water Management& Erosion Control Bylaw (Petition of the North Andover Division
36 of Public Works.)
37 Gene Willis stated the intent of the bylaw is that it's a Federal mandate that Towns have these
38 land disturbance laws within their bylaw. DPW creates these bylaws then work w/PB and
39 Con/Com so that if a project has gone thru extensive review by PB then DPW will waive their
40 review.
41
42 Atty. Samolak stated there are 7 separate reviews of storm water under Federal law all of which
43 are at different odds. The processes in here are unclear,maybe it can be worked out thru
44 regulations.
45
Planning Board Meeting
Minutes of the Meeting
April 15,2008
Page 3
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1 Chairman Simons stated if Atty. Smolak would like to be the PB consultant and submit his
2 comments to the PB? Chairman Simons stated hold off until the next PB meeting for comments
3 form Atty. Smolak.
4
5 Gene Willis stated our regulation is 40,000 s.f. of disturbed land. Andover is different it's
6 relative to one acre. Chairman Simons wants to hold off on this until the next meeting, Atty.
7 Smolak to give Lincoln and Gene Willis copy of his comments.
8 No vote was taken.
9
10
11 10) Article 34: Amend General Bylaws—Add New Chapter— Chapter 134 Machine Shop
12 Village Neighborhood Conservation District Bylaw. (Petition of Board of Selectmen)
13 No vote was taken.
14
15
16 11) Article 35: Amend North Andover Zoning Bylaw— Section 4.122 - Residence 4 District.
17 (Petition of the Zoning Board of Appeals).
18 No vote was taken.
19
20
21 12) Article 36: Amend North Andover Zoning Bylaw— Section 6 Signs and Sign Lighting
22 Regulations. (Petition of the Planning Board)
23 No vote was taken.
24
25 13) Article 37: Amend Zoning Bylaw -- New Zoning District, Amending Section 16.
26 Addition of Corridor Development District 3 (CDD3). (Petition of the Planning Board)
27 Lincoln stated drive thru would not be allowed for fast food restaurants because they would have
28 a negative impact on Town; it's removed from the use table. Properties on Northern corridor are
29 zoned I-S and 1-2 some should be residential and some commercial. Lincoln did an overlay in
30 purple and in green.
31
32 Chairman Simons wants to keep the rezoning a straight line. Lincoln should correct the purple
33 line for Town Meeting. Rezoning includes about 29 properties of various sizes.
34
35 RR asked if CDD3 is a new zone? Lincoln stated yes.
36
37 Chris Adams, 35 Webster St. E. Boston, MA asked what happens to his property? The PB wants
38 to rezone the entire piece of property.
39
40 Joan Betty, 67 White Birch Lane, asked why change the properties zoning if it's mostly
41 residential? Once it's rezoned it will be entirely CDD3. It abuts her land. Lincoln stated it
42 provides for a natural buffer there.
43
44 Chris Adams feels this property would be land locked if the PB left it the way it is now. Mr.
45 Adams thought a hotel or a mall could possibly go in there to get the maximum use of the
Planning Board Meeting
Minutes of the Meeting
April 15,2008
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1 property. Mr. Adams asked if Betty could give him an easement to go out onto Bradford St.?
2 Lincoln stated it's open space area and can't be touched.
'3
4 PB asked could you put parking of commercial in a residential zone? Chairman Simons stated
5 for Lincoln to draw the zoning line straight across.
6
7 Motion by RR to recommend favorable action on Article 37 with definition of
8 what the true lines would be as discussed tonight, 2nd JS, vote was unanimous.
9
10
11 14) Article 38 Amend Zoning Map—Rezone Rte. 125/Osgood Street between
12 Barker's Farm and boundary of Haverhill- Corridor Development District 3 (CDD3).
13 (Petition of the Planning Board)
14
15 Motion by RR, 2 d by TS to recommend favorable action, based on discussion
16 tonight, vote was unanimous.
17
18
19 15) Article 39: Amend Zoning Bylaw Section 8.1 Off-street and Section 8.4. Screening
20 and Landscaping Requirements for Off-Street Parking. (Petition of the Planning Board)
21 No vote was taken.
22
23
4 16) Article 40: Amend North Andover Zoning Bylaw_ Section 4.2. Phased
25 Development Bylaw (Petition of the Planning Board.)
26
27 Lincoln stated PB didn't know if they should take favorable or not favorable action on this
28 article.
29
30 Atty. Smolak stated there is nothing left to plan as all of the plans were put together since 2002.
31 He's asking for approval for 70 units to build. He wants PB to develop an alternative schedule
32 instead.
33
34 RR stated would Boston Hill come back in to us and ask for an alternate schedule? RR stated
35 live with the language and in a year it goes away.
36
37 AA stated live with it.
38
39 JK stated are their any other projects that will come back to us for alternative schedule?
40
41 RR stated put in decision to come up with alternate schedule.
42
43 AA stated in practical sense we're only living with it for a year.
44
Planning Board Meeting
Minutes of the Meeting
April 15,2008
Page 5
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1 Motion by RR to recommend favorable action on article 40, I'd by AA, vote
2 was unanimous.
3
4
5 17) Article 42: Amend North Andover Zoning Bylaw—Section 2.68 Structure (Petition
6 of the Board of Selectmen).
7
8 Lincoln stated minor modification done, and incorporated comments in Town warrant to reflect
9 the comments. Presented article to ZBA their concern was court decision based on use and
10 connected to power source.
11
12 Frank Ragonese, 1939 Great Pond Rd., stated he disagrees w/ZBA and what they are saying.
13 What is designated time period, how long is the time period? In the future this may be a problem.
14
15 Lincoln stated to a maximum of 60 days or at the discretion of the Building Inspector.
16
17 Mr. Ragonese stated he's all set.
18
19 Motion by AA to recommend favorable action of Article 42, 2°d RR, vote was
20 unanimous.
21
22
23 18) Article 43: Amend North Andover Zoning Bylaw — Section 4.126 - Business 1 District
4 and Section 4.127 Business 2 District. (Petition of the Board of Selectmen)
25
26 No vote was taken.
27
28
29 19) Article 44: Amend Zoning Map - 2302 Turnpike Street, Assessors Map 108A, Lot 9
30 from Residential (R-2) to Business 2 (B-2) (Petition of John Smolak,)
31
32 Atty. Smolak presented for Kevin and Elizabeth Murphy. Parcels are located at Sharpners Pond
33 Rd. and Rte. 114. Applicant wants to rezone to B-2 and work w/abutters. Chris Huntress put
34 together a plan development 24,000 s.f. of development to contain 7500 s.f. of office use.
35 Maintain 50 foot buffer across the front. Grade drops 15 feet.
36
37 Chairman Simons stated 360-degree access needs to be provided for the Fire Dept. approval.
38
39 Mr. Huntress argued site plan is compliant with the site plan regulations. Mr. Murphy would
40 like to do this with his property and this would likely be brought back in a Site Plan Review SP.
41 Mr. Murphy had discussions with an abutter and he seemed to be happy with this project. Mr.
42 Murphy talked to John Waters, abutter, and he was going to distribute drawings to the rest of the
43 neighbors.
44
Planning Board Meeting
Minutes of the Meeting
April 15,2008
Page 6
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1 Chairman Simons wants to see the whole section on the screen tonight. Chairman Simons stated
2 rethink thru the implications of what we're doing because this parcel could move straight up into
3 residential. Go thru B-2 see if there are any uses the PB would find noxious uses such as auto
4 service station, restaurants (good use) funeral parlor(noxious use) printing and reproduction, taxi
5 depot and gas service station etc.
6
7 JK does not want to see a Duncan Donuts there.
8
9 Chairman Simons stated that Lincoln should collect the information for the other uses too.
10
11 Mr. Huntress stated most tenants are reluctant to commit until the zoning is put in place.
12
13 Chairman Simons wants to hold off on voting until the PB makes a site visit first.
14 No vote was taken.
15
16
17 20) `Article 45: Amend Zoning Map —4 Parcels: 396—398 Andover Street, 404
18 Andover Street, 424 Andover Street and 426 Andover Street from Residential 4-114 to
19 Business 1 (B-1). (Petition of Peter Lafond)
20
21 Atty. Dorn Scalise stated 4 lots are involved in this article, one is at Lafond Ins, and next two lots
22 owned by Mr. Carroll, and Mesezvey family is next. Change froxn R-4 to B-1 District. Lots are
23 in area near Bertuccis Restaurant and Ethan Allen, &John McGarry office bldg. Requested B-1
24 because applicant met w/neighbors so B-1 is in keeping with the current use. These lots face Rte
25 125 they should not be in R-4 zoning district now.
26
27 Mr. Carroll gave the Board a hand out of two properties, one is duplex &another single-family
28 cape. He owns Remax Real Estate office he wants to expand his business in North Andover. He
29 proposed to put in a bank there and have"apartment up"possibly 4 apartments. Has adequate
30 parking. He's here to improve the property. Uses in B-1 are restaurant,retail,bank, offices,
31 25,000 s.f. lot size. He wants to remove part of Prospect St(paper street).
32
33 Peter Lafond spoke,he wants to improve the neighborhood, wants to maintain the character of
34 the look of his business motif, This isn't going to be a Taj-Mahal it's a win/win for everybody.
35 Top lot is 1 OK s.f. next one down is 20K s.f the other two are 10K s.f. total SOK s.£ over an
36 acre. Prospect St. is paper street abutters own to the middle of that street as long as the Town
37 doesn't want the street.
38
39 Morris Lynch, 24 Highland Terrace, he's opposed as soon as it's rezoned to business it will
40 continue up Rock Rd, etc, he's concerned about the amount of traffic this area is a bottleneck
41 now.
42
43 Robert Kettinger, abutter, 26 Woodbury Lane, his mother in-law (Mrs. Lewis) is abutter and is
44 opposed to it, there were only one-on-one meetings w/Mr. Carroll,but not communicated as a
45 neighborhood meeting.
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Planning Board Meeting
Minutes of the Meeting
April 15,2008
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1 Cheryl Kettinger, abutter, 26 Woodbury Lane, (she's representing her mother Mrs. Lewis) she
2 lived there a long time, the neighborhood children walk down the paper street to get to school.
3 The children in the neighborhood use the paper street. She doesn't want a parking lot 2 inches
4 away from her property. It's a nice quiet neighborhood now.
5
6 Abutter from Wilson Rd. (couldn't get his name) he's not opposed to the development but it's all
7 residential on that side of the road, it's just going to take the Markey property and his house will
8 be looking at a dumpster. Where is the water going to go because Andover Street is flooded?
9 Becky's pond is ruined now. He doesn't want to hear dumpsters being emptied.
10
11 Chairman Simons asked how tall is the building? Mr. Carroll stated he would keep it within 30
12 feet high. The picture doesn't show any parking. Mr. Carroll stated no one would fight him on
13 the zoning change as long as he kept it to 4 properties. Chairman Simons stated if you build a
14 new structure you have more complications as you can see from tonight. Mr. Carroll stated
15 he's not going to create any extra traffic from putting in a bank and apartments up.
16
17 Chairman Simons stated the PB does not typically vote on this article tonight.
18
19 Nancy Lever, 21 Rock Rd. she owns the 2nd home facing Mr. Carroll's building, she would be
20 looking directly into Mr. Carroll's building, she doesn't want to hear dumpsters being emptied
21 at night time, Mr. Carroll bought the property knowing it had to be refurbished. She's
22 opposed. Let the abutters know when the PB will meet again.
23 No vote was taken.
?4
15 CONTINUED HEARING(
26
27 21) 880 Great Pond Road, -Map 103, Lot 111. Watershed Special Permit to raze existing
28 dwelling and construct a single-family dwelling, driveway, &roof runoff infiltration system
29 within the Non-Disturbance district within the R-1 zoning district. ZBA modification for
30 Variance was granted.
31
32 Pat Bower, Engineer, addressed VHB review, clarification regarding variance on project.
33 Chair requesting letter from both Engineers stating the project will not result in reduction of
34 water quality, once PB gets it we'll incorporate into our decision.
35
36 Mr. Bower stated he did provide a stamped letter. Proposed a solid continuous wall in the
37 barrier/buffer zone and reduced the lawn area. He produced a maintenance plan regarding
38 machinery; he produced a maintenance plan he would use for a large development plan. Mr.
39 Ercolini has made every effort to do even more than what was asked of him.
40
41 Lincoln stated what measures does Con/Com incorporate in the approval of their plan?
42
43 RR stated as part of the approval process what does Mr. Ercolini do regarding his intention for
44 the bridge-rebuild it? Engineer stated they don't know yet.
45
46 VHB will issue a final letter in agreement regarding minimal effect on the lake.
Planning Board Meeting
Minutes of the Meeting
April 15,2008
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2 Continue this until next meeting. Keep this open tonight. Draft a decision for the next meeting.
3 PB to let the applicant know if he needs to provide any more information. JK wants Lincoln to
4 check the project down the street what is the status? Look at bond on that project.
5
6
7
8 22) RCG, 21 High Street, Map 0690 & 068.0 Lot 001 & 0010. Site Plan Review Special
9 Permit & Definitive Plan approval for PDD Special Permit for Phase 2, which shall include
10 renovation, conversion of approximately 65,000 s.f. of existing vacant space and total of fifty
11 residential, loft style, one &two bedroom residential units located within the second and fourth
12 floor of Bldg. #3A and fourth and fifth floors of Bldg. #1 the conversion of other space within
13 the existing building to commercial uses along with parking and other improvements on the
14 premises within the I-S zoning district
15
16 Atty. Smolak stated this project involves conversion of existing buildings 65,.000 s,£ into 50
17 residential and 50K vacant space into commercial.
18
19 David Steinbergh stated small design changes were made on Site Plan, per VHB. Con/Com
20 went thru one change. Detention pond detailing done. Added 100 parking spaces and increasing
21 buffer area. Increase the green space, keep a bunch of trees. He's in front of Con/Com next
22 week. He's adding some paved areas.
23
14 Atty. Smolak stated if we get a clean letter from VHB regarding storm water management will
25 the PB close the Public Hearing on May 6th and issue a decision then? Chairman Simons stated
26 yes.
27
28 DISCUSSION:
29 Chair asked if Board wanted to meet on April 29, at a Special Public Hearing? Board stated yes.
30
31 PB stated wait until the May 61h PB Meeting to elect officers.
32
33
34 APPROVE MINUTES OF THE MEETING(S):
35 April 1, 2008
36
37
38
39 PLANNING BOARD MEETINGS:
40
41 May 6, 2008 ---Regularly Schedule Planning Board Meeting
42 ■ May 13, 2008 —Annual Town Meeting
43 ■ May 20, 2008 —Regularly Schedule Planning Board Meeting
44
45 Motion to adjourn by RR, 2nd by AA, meeting adjourned at approx 10:30 pm.
46
Planning Board Meeting
Minutes of the Meeting
April 15,2008
Page 9
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2
3 By order of the Planning Board
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5 Approved
Planning Hoard Meeting
Minutes of the Meeting
ApHI 15,2008
page 10