HomeMy WebLinkAbout2008-05-20 Planning Board Minutes VtORT}{
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 May 20, 2008
9 Town Hall, 120 Main Street,
10 Top floor meeting room.
11 7:00 PM
12
13 Members present: John Simons, Chairman
14 Jennife'u, -sek, Clerk
15 Richo "n,regular member
16 Timot*be it,regular member
17 Richar '•d ella{sat in on the meeting tonight}:
18
19 Member absent: Alberta.Angles, Vice Chairman
20
21 Staff present: Lincoln Daley, Town.Planner
22 Mary Tppolito, Recording Secretary
23
?4
15 Chairman Simons called the meeting to order at approximately 7:05 pm and announced the
26 postponements:
27
28 Chairman Simons congratulated Richard Nardella on his new position as a member of the BOS
29 and thanked Rick for his many years of service to the Planning Board. As a result of his
30 leadership of the Board at the last 2 Town Meetings we had some significant zoning changes that
31 were passed very smoothly and very cleanly and it's a reflection of the credibility of the Board
32 and your leadership has brought us there. Speaking personally, John enjoyed all the years and
33 he'll miss tot sitting next to Rick etc. John presented Rick with a gift.
34
35 Rick stated it has been almost 20 years that he's served on the PB and a lot of people have served
36 on the BP. Everybody tries to do the best job they can,this is not a compensated Board.
37 Everybody works awfully hard to accomplish a goal and he's always going to be interested in
38 what the PB does because so much effects revenues in Town, and expenses in Town. Everyone is
39 watching and hoping that the PB can deliver better,more productive, commercial projects and
40 new rezoning as time goes on. Rick thanked the entire Board.
41
42 Chair also mentioned that Lincoln Daley, Town Planner, would be leaving us. He will be missed
43 and thanked Lincoln on behalf of the Board. You have done a wonderful job and if he looks at
44 all the things the Board has taken on in the last 3 years he doesn't know how you found the time
45 and effort to do it. Board is very appreciative of it, thanked Lincoln very much.
46
Planning Board Meeting
May 20,2008
Minutes of the Meeting
Page 1
Jen's edits 6/6/08.A.lafy's edits- 64/08
I
1
2 CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENT (S):
3
4 The DF Parker Company,LLC,500 Sutton Street,Map 74,Lot 1-B. Site Plan Review Special Permit
5 to permit the construction of a 20,540 s.£two floor masonry and steel pet care facility and a Watershed
6 Special Permit for the construction of a detention basin in the Non-Discharge buffer zone. Applicant
7 submitted waiver for June 3, 200&
8
9 T. Mobile, Wireless Communications, 451 Andover Street, Map 24, Lot 28. Special Permit to allow
10 the replacement of existing three antennas with three antennas of a similar sized model, mounted in same
11 locations, and the construction of one additional radio cabinet adjacent to existing radio cabinet on the
12 rooftop within the General Business zoning district.Waiver submitted until June 4,2008.
13
14 G.M.Z.Realty Trust,—1679 Osgood Street,Map 61,Parcels 16 &34. Preliminary Subdivision&
15 PRD to construct 7 single-family lots within the R-2 zoning district. Waiver submitted until June 3, 2008,
16
17
18 CHAIR CALLED FOR THE FOLLOWING DISCUSSION(S):
19
20 1. Gabrielle Schmitt, 165 Bridle Path. Watershed Special Permit-Request to release performance
21 bond in the amount of$1,000 (plus accrued interest).As-built plan and letter from engineer
22 submitted. Lincoln recommended the Board release the bond+accrued interest. Motion by RN to
23 release and close out a bond for$1K+accrued interest, 2"d by RR,vote was unanimous.
24
25 2. Kenneth Yameen, 1895 Great Pond Road. Watershed Special Permit-Request to release
16 performance bond in the amount of$2,000(plus accrued interest).As-built plan and letter from
�7 engineer submitted. Lincoln stated this project was done in 1999 and modified in 2002 and
28 recommends the bond be released. Motion by RN to release and close out$2K+accrued interest,
29 2nd by RR,vote was unanimous.
30
31 CHAIR CALLED FOR THE FOLLOWING PUBLIC HEARING(S
32
33
34 3. Bell Atlantic Mobile of Mass Corp. d/b/a Verizon Wireless,401 Andover Street,Map 20,
35 Parcel 33. Renewal of a Special Permit to operate an existing building mounted wireless service
36 facility consisting of three arrays of four panel antennas(twelve total antennas)located behind the
37 parapet of the existing building, an equipment room in the attic space, and an emergency generator on
38 the rooftop behind the parapet within the General Business zoning district.
39
40 Lincoln stated that all we are looking to do is a renewal of an application for a Special Permit.
41
42 Atty, Tim Twardowski, of Robertson and Cole,was present& stated their 3 year lapse period is now
43 coming due,they filed a renewal of a SP within the 3 year lapse period with the Planning Department.
44 He is not changing anything(he pointed to a Site Plan and where the wireless is located). There is no
45 part of the wireless facility visible.
46
47 RR asked if there are requirements in the Bylaw regarding requirements for renewal requests for a SP?
48 Lincoln said yes,they submitted RF study and any kind of engineering study required under our Bylaw.
49 ZBA gave them a variance for dimensional relief in 2002 allowing them to meet the dimensional-foot
s0 setback. Lincoln stated the applicant has adhered to all the guidelines in the zoning bylaw. We can ask
Planning Board Meeting
May 20,2008
Minutes of the Meeting
Page 2
Jen's edits 6/6/08Mafy-'s Gait` 6/3/09
1 for further information from the applicant if we need to. Need the actual GPS coordinates of all the
2 surrounding towers in the area showing locations of the actual coordinate system of the wireless towers.
3 Atty, Twardowski stated-see tab"F"they are currently operating at less than 1110 of 1 percent of
4 maximum required RF emissions.
E
5
6 JK asked if there are any maintenance issues? Atty.Twardowski stated there is nothing in the
7 submittal requirements addressing that question. These sites are routinely monitored and maintained on
8 a monthly basis if any issues detected they are addressed forthwith. A sound analysis was also done to
9 demonstrate that it was done according to our bylaw.
10
11 Michael Kramer,Engineer,stated he installed 12 antennas from the previous SP approval,there have
12 been no changes to that installation in the last three years we are still held by the FCC regulations that
13 we were held to the first time it was done.
14
15 RR cautioned Atty.Twardowski to meet all of the application requirements because it's in your best
16 interest to do so.
17
18 JS asked how do you measure the frequencies? Mr.Kramer stated he hires a consultant to measure
19 with a calibrated device to go to various points along the roof and take measurements of the RF power
20 and submits a report. Look at page 6 of tab F for further information relative to measurements.Keep
21 the public hearing open until June P and draft a decision.
22
23 Atty. Twardowski did submit payment in the amount of$2K(check# 124316) for an outside consultant
24 review fee and stated if this project did not warrant an outside consultant review he would request his
25 money be returned to him. If was noted that Mary is still holding the check and has not deposited it
26 with the Treasurer's office as she was waiting to be advised if this project required a review from VHB.
27 If the PB is satisfied by the next meeting they will ask to waive the VHB review fee.
28
29
30 CHAIR CALLED FOR THE FOLLOWING PUBLIC HEARING:
31
32 4. Sunit Mukherjee,M.D.—213-21.5 Sutton Street—Map 39,Parcel 15- Site Plan Review
33 Special Permit to convert existing structure to business office use and to construct proposed driveway
34 &parking area within I-S zoning district.
35
36 Dr.Mukhe&e was in front of the PB in 2005 to convert his current medical office from a residential
37 dwelling. This is a new application to convert another existing residential dwelling to a medial office
38 He wants to create a new access/egress around the building itself.
39
40 Atty. Scalise stated Dr.Mukherjee purchased the abutting dwelling and now wants a change in use and
41 a SP. Dr.Mukherjee has operated his medical practice in this neighborhood for a long time. Dr.
42 Mukherjee intends to dress up the proposed medical office. This change from two residential
43 structures to two medical buildings will fit the area well and Dr.Mukherjee takes good care of his
44 property.
45
46 RR asked what is the current zoning? Atty. Scalise stated I-S.
47
48 RN stated Dr.Mukherjee did a wonderful job of rehabbing this building. However, a landscape plan is
49 missing.
50
Planning Board Meeting
May 20,2008
Minutes of the Meeting
Page 3
Jen's edits 6/6/08N!af5,'s edits 6/3/08
1 Lincoln stated there are several components missing from the application submittal. Lincoln stated the
.2 landscape plan is missing etc.
3
4 Atty. Scalise stated there were pictures of things included with the application.
5
6 Dr.Mukherjee stated there would be one physician and 3 employees;his employees are parking on the
7 street now and he tries to give his patient's the preference to park along the structure and it's worked
8 out well over the last two years.
9
10 RN stated you now want 9 parking spaces? Dr. Mukherjee stated yes.
11
12 RN asked if 4 employees were to take up 4 parking spaces that will leave 5 parking spaces left for your
13 patients, is that enough? Dr.Mukherjee stated yes.
14
15 PB stated this project could have one unified parking area by combining both parking lots.
16
17 RR stated make only one driveway instead of having 2 driveways; therefore,both driveways could be
18 combined into one wider driveway&eliminate having two driveways.
19
20 RN asked if the new parking regulations affect this project? Lincoln stated yes.
21
22 Atty. Scalise stated the fence is coming out. The exit will be two driveway's wide.
23
24 Lincoln stated there are opportunities to be creative with the parking.
25
26 JS stated if you take the fence down this would create conflict if you keep two separate drives out.
-7 Have only a single curb cut, and a single way out, (instead of two curb cuts side by side).
28
29 RN stated add some plants and less paving it may cost less money.
30
31 Jack Sullivan is filling in tonight for Scott Giles. He stated the existing site at 213 Sutton St.would
32 have the entire asphalt area as porous pavement for storm water management standards; Christensen
33 and Sergi did drainage calculations and were submitted to the Town Engineer. (Didn't know if Mr.
34 Willis was able to get comments back to Lincoln). Analysis was submitted to show that pre and post
35 rates of runoff would be balanced. Existing dumpster at 217-219 Sutton will be utilized for both
36 buildings. Mr. Sullivan agrees with the PB regarding that the fence should come down it makes sense
37 and to make only one curb cut for the exit. Attached to the SP application there are some fence details,
38 landscape plantings, and additional lighting information. See landscaping planting and lighting
39 information showing photos and signage. if you don't have the application packet it may have gone to
40 the ZBA instead,Mr. Sullivan will make sure the PD gets that information.
41
42 JS asked for a full set of plans showing elevations and stamped by a PE,he stated this application is
43 incomplete,however,he stated he thought this application should not be a big problem(but it's not
44 ready). Mr. Sullivan stated he had no previous involvement in this process.
45
46 Lincoln stated he would clean this up and work with the applicant to make sure the application is
47 complete.
48
49 JS stated he didn't mean to be too harsh because he thinks this is a good project.
50
Planning Board Meeting
May 20,2008
Minutes of the Meeting
Page 4
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edits s 3/09
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1 RN asked where the dumpster is located on the property at 217-219 Sutton St.? If you are going to
2 merge the two driveways into one maybe you could find a more appropriate spot for the dumpster.
3 Atty. Scalise pointed to a little square located on the plan that is the dumpster area.RN stated have
4 your engineer look at finding a better spot for the dumpster.
5
6 Joanne, Office Manger, for Dr.Mukherjee spoke and stated she submitted the application and when
7 she brought it in everything was in there,landscaping, lighting, everything, so she's not quite sure
8 what's missing this is the first she's heard that it's not complete.
9
10 JS stated it's not a big deal we're not that nasty.
11
12 Lincoln stated he would work w/applicant to ensure everything is complete.
13
14 Put them on for June 3 meeting.
15
16
17 CHAIR CALLED FOR THE FOLLOWING PUBLIC HEARING:
18
19 5. Key Lime,Inc.-Mayflower Drive subdivision a/k/a Old Salem Village—Map 107B,parcels
20 16& 73. Modification to Site Plan Review Special Permit,to allow a change in units 13-14,2122,
21 29-30, 31-32 from duplex units to single units and change name of Old Salem Village to Mayflower
22 Drive within V-R zoning district.
23
24 Atty. Howard Speicher stated Old Salem Village was approved a couple of years ago, started out for 56
25 town house units, it went down to 36 units w/mix of duplex and singles. 9 units are built at this point,
16 now owners are more interested in single-family units. Take 4 duplex buildings and separate them and
27 turn them into 8 single-family units.Now the mix will be 26 single family and 10 duplex units
28 RN asked does separating of buildings encroach on any setbacks? Atty. stated no.
29
30 RR asked is this one big lot? Atty, said it's in a condominium form of ownership so it's one big
31 condominium. Peter Ogrin,Hayes Engineering, spoke it's .75 %it's 1,,154 more s.f, which is less than
32 1 percent of impervious surface. At the request of the 911 -department-to change the name from Old
33 Salem Village to Mayflower is why the applicant wishes to change the name.
34
35 Motion to close public hearing and direct staff to prepare a decision. Motion by RN, 2"a RR,to
36 approve the Modification for Key Lime, Inc.vote was unanimous.
37
38
39 #7 was moved to postponements.
9 40
3 41
42 DRAFTED DECISIONN:
43
44 8. RCG,21 High Street,Map 0690 & 068.0 Lot 001 & 0010. Site Plan Review Special Permit &
45 Definitive Plan approval for PDD Special Permit for Phase 2, which shall include renovation,
46 conversion of approximately 65,000 s.f. of existing vacant space and total of fifty residential, loft. style,
47 one & two bedroom residential units located within the second and fourth floor of Bldg. #3A and
48 fourth and fifth floors of Bldg.
49
Planning Board Meeting
May 20,2008
j Minutes of the Meeting
Page 5
Jen's edits 6/6/08''afy's edit, 6/3/08
1 #1 the conversion of other space within the existing building to commercial uses along with parking
2 and other improvements on the premises within the I-S zoning district for in phase 2. (Motion to close
3 public hearing by Alberto Angles and 2"d by Richard Rowen. Vote was unanimous.)
4
5 JS asked about the mix of 50 units,what are they? David Steinberg stated he does not have
6 breakdown,however,it is blended, see the application package it's in there the first ten are five two-
7 bedrooms.
8
9 Edits: JS stated see finding of facts...add it also provides proper buffers to surrounding areas.
10
11 JK asked what are the hours? Lincoln stated see lies. of construction on page 7,#10.
12
13 RN are they opening up the street to do any kind of work? Lincoln stated they are doing minor
14 landscaping and curbing on High St. and striping on Water St.
15
16 Bond for$5K as-built. See#4 and#8 in the decision.
17
18 Mr. Steinberg said see in PDD plan some soil will be kept on site and using some of it, it is located in
19 center of site.
20
21 RN wants soil watered and put tarps over it. Lincoln stated see page 6, #7.
22
23 Lincoln stated incorporate language regarding alternative transportation by MVT,TMA will work
24 w/applicant to provide transportation. See page 8,#18 will this impact your restaurant? Mr. Steinberg
25 stated this is ok, maybe he can come back and ask for a waiver.
26
27 RR does COO go unit by unit? Mr. Stenberg said yes.
28
29 RR said note 8A regarding layout substantially complying w/plans etc. (he wants the Building
30 Inspector to do what he should do).
31
32 Motion by RN to approve the Site Plan Review SP as ammended this evening, 2 by JK,vote was
33 unanimous.
34
35 Now PB discussed the Site Plan SP.
36 RN asked if parking is ok w/construction of 50 units? Mr. Steinberg stated he prefers to get enough of
37 the current uses;he has plenty in the plan. Parking calculations are based on the previous parking
38 requirements. Change the hours of operation to be consistent on both of these applications. 8A is
39 determined by the PB for performance guarantee(get DPW to work w/PD to set the bond amount).
40 See 8C, JS stated they should ask for appropriate waiver.
41
42 Mr. Steinberg wants to start phase 3 this summer, July,August time frame.
43
44 Atty. Smolak thanked Lincoln for all of his work in the past few years. RN wished Mr. Steinberg the
45 best of success with his project.
46
47
48
49
50
Planning Board Meeting
8 May 20,2008
Minutes of the Meeting
Page 6
i'.
Jen's edits 6/6/08" ed�6/3/08
1 DISCUSSION ITEMS BY THE PLANNING BOARD TONIGHT:
2
3 Town Meeting Summary.
4
5 Establish FY 2009 Planning Board Goals and Objectives:
6
7 a. Abutter Notification Process. Include the following;abutters have been notified by certified mail. k k
8 The applicant is responsible for sending the legal notices to the abutters,per a certified abutters
9 list,via certified mail.
10
11 a. The applicant is responsible for the postage fee for each certified mailing.
12
13 b. Put addendum in all Planning Department application's ASAP. Certified mailing
14 receipts come back to Mary.
15
16 c. Attach a certified abutters list to each application.
17
18 d. Revise the Rules and regulations.
19
20 b. Modification to the Adaptive Re-Use Bylaw. Referred the Rte. 125 article of Mr. Lafond, and Mr.
21 Carroll's project they withdrew their article without prejudice. PB spend time w/applicant and
22 w/abutters.
23
24 c. Commercial Building Design Review and Guidelines. Trying to improve existing buildings in
25 Town such as Walgreen's building. Project has turned out differently than what they thought it
?6 would be. Take a look at our decision and see if they did what we wanted them to do. What
27 would we like Walgreen's to do to fix it up? See the Shell gas station across from 1600
28 Osgood St.
29
30 h. RR stated the Insurance company on Main Street, (Sullivan and Foster) project turned out very
31 well.
32
33 1 RR stated the lights are not synchronized at the CVS pharmacy.
34
35 j. Eaglewood Mall and Waverley Road lights were supposed to be synchronized at a cost to the
36 developer check this out.
37
38 k. RR asked what was the deal with the exit to the high school on voting night? Check it out.
39
40 1. RN wants that roadway opened during election times.
41
42 in. Take a look at Tim Seibert's issue.
43
44 n. JS stated play a role in the development design of CDD; Rte 125. Lincoln stated without sewer
45 going in soon commercial isn't very interested. PB needs to fight for capital improvement plan at
46 Town Meeting next year to get sewerage connected.
47
48 o. JS wants to have another discussion about the priorities for next year.
Planning Board Meeting
May 20,2008
Minutes of the Meeting
Page 7
Jen's edits 6/6/09.44 y's edits 6/3/09
r
1 p. RR stated the problem still exists is the cell tower bylaw. TS stated committee wanted to get the
2 Town to buy in, because it was not drafted, they didn't have time to get the feedback in time for Town
3 meeting. Now they want a 6-month extension. PB will need to get involved.
4
5 RR stated PB should go thru bylaw now and say this section is unworkable now and give this info to the
6 committee. a
7
8 JS stated PB is not supposed to farm out this task to a committee.
9
10 TS will have to draft a new bylaw in time for the next Town Meeting right now the Town gave committee
11 another 12 months. RR stated we have not seen anything. JS stated PB should step in with subtle
12 leadership. RR wants ability to express PB point of view before the draft comes out by committee. TS
13 stated Curt has to get BOS to submit new names of committee, he wants to ask Curt for a draft and
14 committee can start working on it. RR stated he would like to be able to prior to Town Meeting have an
15 issue paper, how and why we stand on issue in writing. JS stated we have our recommendation on the
16 articles. TS stated should the PB solicit opinions of what people want us to look at. RN stated there is an
17 open mike night to do that. JS stated meet w/other land use boards to get their discussion on this, and
18 meet w/BOS on development issues. RN stated Chair of BOS should ask other boards about their
19 concerns. Lincoln stated Curt organized Iand use board meetings.
20
21 q. RN asked what's happening w/55 acres near the airport? RR said someone wants to use 20,000+ s.£
22 which is thousands of feet in Town,Lincoln stated he would contact Curt and ask him to call Rick.
23
24 r. Parking Requirement and Design Guidelines.
25
?6 APPROVAL OF MEETING MINUTES:
27
28 ➢ April 29, 2008
29 ➢ May 6, 2008
30
31 Motion by JK, 2nd by RR to approve April 29 &May 6, 2008 Minutes,vote was unanimous.
32
33 PLANNING BOARD MEETINGS:
34
35 ➢ June 3, 2008
36 ➢ June 17,2008
37 ➢ July 1, 2008
38
39 Motion by TS to adjourn,2"d by RR, vote was unanimous meeting adjourned at approximately at Spm.
40
41 By Order of the Planning Board
42
43 Approved
44
45
46
47 NOTE;The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on
48 the agenda.
Planning Board Meeting
May 20,2008
Minutes of the Meeting
Page 8