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HomeMy WebLinkAbout2008-10-07 Plannnig Board Minutes DRAFT 10/16/08 Jen's edits 10/21/08 1 2 3 4 5 Town of North Andover 6 Planning Board 7 October 7, 2008 8 Minutes of the Meeting 9 Town Hall, 120 Main Street 10 7:00 PM 11 12 13 Members present: Richard Rowen, acting Chairman 14 Jennifer Kusek, Clerk 15 Timothy Seibert,regular member 16 Michael Walsh,regular member 17 Courtney LaVolpicelo, alternate 18 19 Member absent: John Simons, Chairman 20 21 Staff present: Judy Tymon, Town Planner 22 Mary 1ppolito, Recording Secretary 23 24 25 Chair called the meeting to order at approximately 7:05 PM. 26 27 28 29 Chair announced the following Postponements: 30 31 John Cahill— 166 Salem Street, Map 37D, Parcel 21. Definitive Subdivision known as 32 The Captain Nathaniel Berry Homestead, consisting of a new 292 foot long roadway and 33 3 new proposed lots each containing 25,000 s.f. & existing lot containing 32, 174 s.f 34 with existing single-family dwelling within R-3 zoning district. Postponed until Oct. 21. 35 36 John Cahill— 166 Salem Street, Map 371), Parcel 21. Watershed Special Permit to 37 construct a new 292 foot long roadway and 3 new single-family homes, portions of the 38 roadway, one house and a storm water detention/infiltration basin will be within the non- 39 discharge buffer zone. Postponed until Oct. 21. Applicant wishes to be heard at Oct. 215 40 PB meeting. 41 42 43 44 45 Page 1 DRAFT 10/16/08 Jen's edits 10/21/08 1 Chair called for Request for bond close out: 2 3 1. Crusader Paper Company,350 Holt Road, performance G bond $3K, to 4 construct storage space. Letter from engineer and as-built submitted. Letter of 5 approval from DPW. 6 Ben Osgood Jr. was present stated the site is in conformance w/design plans,he's 7 done drainage calculations &it differs a little bit but it does meet the requirement of 8 post development flow. Site stabilized, grass growing in good shape. Gene Willis 9 and Tim Willett submitted their approval. Motion by JK to release$3K bond money 10 for 350 Holt Rd., 2nd by TS, Vote was unanimous. 11 12 13 Chair called fro Request for bond close out: 14 15 2. Lawrence Howell, contractor,for 870 Great Pond Road,performance G bond 16 $2K. Applicant constructed a patio with one car garage underneath within the 17 watershed. Applicant was not present, however, Jack Sullivan, Engineer, submitted a 18 letter and as-built. Gene Willis and Tim Willett submitted their approval. 19 Motion by JK to release all bond money for 870 Great Pond Road, 2nd by TS, vote 20 was unanimous. 21 22 23 Chair called for Discussion: 24 25 3. Donald Stanley, 58 Country Club Circle. Mr. Stanley wants to finish off the 2"d 26 floor space for a recreation room over his newly constructed detached garage. He 27 was granted a Watershed SP on February 28, 2007 with conditions. 28 Mr. Stanley presented & submitted a request to put in water over the garage area for a 29 recreation room. After a year of using the garage he wants to use the 2nd floor 30 recreation room for a cigar smoking area, this is ideal spot. He asked if PB would 31 amend the Watershed SP decision to grant him his request. He has no intent to use 32 this as additional living space. He will add a half bath there. He's on Town sewer 33 and Town water now. 34 35 Judy advised Mr. Stanley to present to the PB tonight. Mr. Stanley asked to get rid of 36 the condition regarding no connection to water. He has not hooked up connection for 37 Town water or sewer yet. Chair stated if Mr. Stanley puts water in there the PB 38 should recognize that it's probably a real living area and address it that way. It 39 should be treated as an accessary use in the house. Floor space is 600 s.£, Mr. 40 Stanley asked to proceed w/a modification. Chair advised that Mr. Stanley has to file 41 an application for a modification to the original Watershed Special Permit, file 42 application, legally notice the abutters, etc. and address 3A &3B. PB wants to treat 43 this as if it's livable space over the garage. PB will waive requirements for drainage. 44 PB will waive outside consultant review. 45 46 Page 2 DRAFT 10/16/08 Jen's edits 10/21/08 1 Chair called for Discussion for preparation for Town Meeting of 2009: 2 3 3. Wireless Bylaw—The Wireless Bylaw Committee will be meeting to discuss the next 4 steps with the goal of submitting a bylaw for ATM. Judy handed out a summary of 5 regulations to PB tonight includes zoning information and PB regulations, Judy gave 6 a Wireless Bylaw update, first meeting took place last week. Curt is on the 7 committee as well as Judy, Al Manzi, ZBA, &4 residents on the committee, total 8 overall 7 member committee. At an organizational meeting, Atty. Tom Urbelis 9 advised on open meeting law, however, he didn't discuss a draft produced by the last 10 committee. Chair stated that the committee should understand the PB issues 11 w/current bylaw. It's a difficult law to enforce, and PB doesn't want to be in 12 violation of Federal law. Don't want to choose between evils. Needs consistency, 13 PB will put restrictions in, be aware what Fed. law allows. PB wants a fully 14 compliant permitting process. 15 16 Judy stated that Atty. Urbelis pointed out that any bylaws would have to pass muster 17 w/PB and ZBA. Without a positive recommendation at Town Meeting nothing would 18 fly. 19 20 Chair will address one point if a SP is granted it's as if they have a license and a 3- 21 year renewal. if PB reviews application compliant w/Federal and Town Bylaw, and 22 facility is totally compliant w/requirements of SP, then Chair recommends we get 23 away from 3'year renewal. If antennas were changing that would require a new SP. 24 There's no benefit for anyone to come in again 3 years later. Wireless facility itself 25 separates that from discussion of a new antenna structure. 26 27 TS asked what did committee talk about? Judy stated they discussed members of the 28 committee, a new member has expertise w/wireless and works for wireless company. 29 Another member is a resident who is a lawyer and Curt stated it would be helpful to 30 have legal knowledge and wireless knowledge. Someone said that was a conflict of 31 interest. PB stated the better the informed input the better the decisions to be made 32 by the committee. 33 34 TS asked is there is a draft bylaw? The first draft should be complete and sent to 35 Boards: BOS, PB, etc. Then each board points out where they disagree and gather 36 input and go into ratification stage and vote if they will listen to argument presented. 37 If Judy needs to have to go back to the first draft it will bog everyone down. TS 38 stated he finished the language. Next step is getting other people to support language 39 and then put it in front of the Town. TS does not recommend Judy to go back into 40 that draft. Instead, give that draft to all the boards and give the amount of time to 41 work with their input then vote on final language. 42 43 Chair stated if prior committee had a draft ready for review then send it out to all 44 appropriate boards. He doesn't want to micro manage this thing. PB has not yet seen 45 the new crafted language. Distribute it to the committee and critique it. 46 Page 3 DRAFT 10/16/08 Jen's edits 10/21/08 I MW stated it would be helpful to see what the product was for a thoughtful response 2 and recommendation of it. 3 4 TS did not distribute the language. 5 6 JK wants to see the language to be in compliance otherwise how can PB defend it and 7 do reviews from there. 8 9 TS stated Urbelis should give his input and at same time other boards give their input. 10 I 1 Chair stated send it to PB. 12 TS suggested to come up w/calendar for drop-dead dates, submittal of second draft 13 date. 14 15 Chair stated distribute existing draft and existing bylaw within a week to PB. 16 17 MW wants outline of what Federal law allows individual committees to adopt, and 18 what to adopt to be consistent w/Federal law. 19 20 ' Chair asked Judy to distribute to PB and to other Boards a copy of draft worked up 21 last year, Atty. Urbelis should bullet where bylaw doesn't meet Federal law, and then 22 committee put together schedule and get their draft in time before Warrant closes. 23 Stamp DRAFT all over it. 24 25 The following are members of the committee: Thea Fournier, Gin Vilante, Karen 26 Carroll, and 4 residents appointed by BOS, also Curt, and Al Manzi. 27 28 Chair called for next discussion: Storm water Bylaw: 29 30 5. Community Development is working on a bylaw in preparation for ATM. 31 Judy has draft of rules and regulations for the Town for a new Storm water 32 management erosion control and may require changes. 33 34 Chair asked what would it do? 35 36 Judy stated it would require a project of certain size to meet new standards, State has 37 mandated as of January I". It has to do with runoff from property, techniques and 38 infiltration for diverting runoff. Standards are in place by the State, Town has to 39 conform to standards. 40 41 Chair asked would we eliminate this from rules and regs if PB adopts a bylaw? If 42 you put it in zoning bylaw, then take it out of rules and regs, RR wants existing rules 43 and regs and compare them to requirements by State for bylaw and find out where our 44 rules and regs are deficient and what to address now. 45 Page 4 DRAFT 10/16/08 Jen's edits 10/21/08 1 Jennifer Hughes, of Conservation, and Judy will take a month to do this review and 2 have it ready first week in December, mail it to PB ASAP. 3 4 5 Chair called for discussion on rezoning: 6 6. Discussion on how to rezone down town area,businesses, owners, discussed what 7 they want to see in germs of attracting and enhancing_their businesses. Judy wants to 8 enhance businesses that are already there. Use it as a tool to generate new businesses 9 down town in 2010. Needs more input from down town businesses. This is still at 10 survey stage so it's not ready. 11 12 Chair stated Machine Shop Village is example of how to legislate a look. Judy stated 13 she wants to look at things such as mixed uses, allowed uses, etc. 14 15 MW asked from Sutton Street to church area? Yes, MW asked is transportation 16 facility in Lawrence is this Smart Growth? Judy knows transient oriented 17 development; parcels have to be within 1/2 mile of transportation center. 18 19 Chair asked has anyone stated extend parking, or come up with creative solutions, 20 problem should be stated by someone. Bradstreet School would be part of this. 21 22 Chair called for discussion. on 43D is expedited permitting. 23 7. Consultant should draft a set of regulations because applicant for 43D would not 24 receive Site Plan Review they would be eligible for 43D application process. Town 25 voted at the last Town Meeting to approve 43D. 26 27 Chair stated it would be beneficial to PB if applicant submit a full set of requirements 28 submitted properly, applicant has to help themselves. Hold their hand and go over 29 application before they actually submit application. 30 31 Chair called for discussion of Gene Willis letter: 32 8. Judy read a letter from Gene to the PB regarding new systems proposed and how they 33 should not contain storax scepters, etc. (submit memo for the record). Chair stated 34 take his input and discuss it and then perhaps get it.into rules and reqs. Listen to what 35 his suggestions are then move forward accordingly. 36 37 Chair called for discussion of final submittal of electronic submission of as-built 381plans: 39 9. Judy stated she has a meeting set up to discuss this. Capture the information 40 electronically and look at it in GPS database. Other towns are already doing this 41 within Merrimack Valley, Haverhill, Salisbury require this now. If it is a digital file 42 then it's public property it can be accessed by the public and be potentially changed. 43 Chair stated it's a solvable issue, maintain the masters. This is in addition to PB hard 44 copy for starters. 45 46 Page 5 DRAFT 10/16/08 Jen's edits 10/21/08 1 2 3 Chair called for discussion: 4 10. JK stated review prior projects approved for pro and cons. Any projects that have 5 loose ends review these projects. Maybe some things did or did not work well. Judy 6 look to see who is coming in to complain? Judy can make a short list herself. She 7 will welcome input from PB. JK wants PETCO facility looked at, all you see is air- 8 conditions on top of the building they should have put up a fagade to block it. 9 Little Professionals signage, they should put the actual sign they showed in their 10 plans. Chair wants to know what's happening at Redgate subdivision? 11 12 13 Chair called for discussion: 14 11. Amend zoning map 4 parcels,396—398 Andover St., 404 Andover St.,424 15 Andover St., and 426 Andover St. from Residential R-4 to Business B-1. 16 Judy submitted copies of lots on Andover St., (Mr. Lafond and Mr, Carroll warrant 17 article from last year's town warrant). 4 parcels to rezone from R-4 to B-1. JK asked 18 what was the issue, size of project? Changed the neighborhood from residential to 19 business? Paper street is existing and kids play there for years. Chair stated it's not 20 their property. A judge may have been involved in the paper street issue. 21 22 JK asked why should it be given to the PB to handle the property? Let developer do 23 it. 24 25 TS stated they wanted to take control of road and put a property there. Mr. Lafond 26 said he might not be in compliance now. Mr. Lafond is living and operating his 27 business in that house. Judy said ease it into the neighborhood with a business use 28 such as adaptive reuse. TS stated if applicant can't develop across the paper street the 29 project would not work Mr. Carroll wants to put a structure on it. John Simons 30 wants PB to come up w/ideas for area to try to make it work. 31 32 Courtney said why not just use the two center lots to change to business? Leave the 33 corner lot alone. 34 35 Chair called for discussion: 36 12. Planning Department advised PB that Mr. Ben Osgood, Sr.--is applying for 37 Street Acceptance for Abbott Village Estates- as-built submitted to Gene Willis, Mr. 38 Osgood has met w/Conservation & applied for partial Certificate of Compliance. 39 40 41 Chair called for CONTINUED HEARINGS: 42 43 13. DF Parker Company, LLC, 500 Sutton Street, Map 74,Lot 1-B. Site Plan 44 Review Special Permit to permit the construction of a 20,540 s.f. two-floor masonry 45 and steel pet care facility and a Watershed Special Permit for the construction of a Page 6 DRAFT 10/16/08 Jen's edits 10/21/08 1 detention basin in the Non-Discharge buffer zone Meeting kept open, decision 2 drafted. 3 4 Atty. Jill Mann doesn't want to be heard tonight because there are only 3 voting 5 members present. NEED FOUR VOTING MEMBERS FOR THIS ONE. Jill to 6 present on Oct. 21St. PB wants Judy to draft decision and vote at Nov. 18th meeting. 7 8 9 10 Chair called for PUBLIC HEARINGS: 11 12 14. Robert H. Farnum,Jr. , 673 Great Pond Road, map 63, Parcel 27. Watershed 13 Special Permit to resurface rear patio and 347 s.f of heated impervious surface 14 area will be added to existing patio to include a 64 s.f spa located within the non- 15 discharge zone of the Watershed. 16 17 Applicant wishes to add a patio area and in ground spa within 325 non-discharge 18 zone. However, he is outside of 100 feet of wetlands. No impact to watershed or 19 to wetlands. Patio will create storm water discharge; slopes are flat so discharge 20 will go into planting bed infiltrate into ground. If it doesn't get into wetland it 21 will no get into lake. Spa works in conjunction with existing pool connected to 22 Town sewer. Judy didn't see any issues, very Iittle run off, chlorinating system is 23 in place in pool and spa will connect to it. Judy submitted VHB review to the PB, 24 minor issues. 44 VHB wants language to be more definitive. 25 Chair stated a few percent increase of adding impervious surface is minor issue. 26 Look at language in VHB letter and make improvements in the language. 27 A lot of lawn in the area and large wooded area before you get to wetland area. 28 Set up drainage to go away from the spa. This was not a requirement from 29 Con/Com because it's 100 feet outside. TS asked how was the existing in ground 30 pool discharge handled? Pool run off goes into sewer system it will never be 31 discharged into lawn area, Judy draft decision for Oct. 21 meeting. 32 33 34 APPROVE MINUTES OF THE MEETING: 35 36 15. August 19, 2008 & September 17, 2008. 37 38 TS made the following edit, Aug. 19 -page 2 - line 19 - after March of 08, and intended 39 to present it strike presented. 40 41 Motion by JK to approve Aug 19 and Sept. 17 Minutes, 2°1 TS, vote was unanimous. 42 43 PLANNING BOARD MEETINGS: 44 October 21, 2008 45 November 4, 2008 meeting cancelled due to Presidential election. 46 November 18, 2008 Page 7 DRAFT 10/16/08 Jen's edits 10/21/08 1 December 2, 2008 2 December 16, 2008 3 4 5 6 Motion by 7K to adjourn, 2nd by TS, meeting was adjourned at approximately 9:00 PM 7 vote was unanimous. 8 9 10 1I 12 By order of the Planning Board 13 14 15 16 Approved 17 18 Page 8