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HomeMy WebLinkAboutPlanning Board Meeting Agenda 05.04.10 PLANNING BOARD Agenda Tuesday, May 4, 2010 Town Hall, 120 Main Street Top floor conference room 7:00 PM DISCUSSION: 1 Red ate Subdivision: Salem Street Dean Chongris - drainage issue. DISCUSSION: 2 Berry Street Investments, LLC.; Margaret Fiore, Trustee. 16 Berry Street— Construction of a definitive subdivision consisting of 14 new dwellings on a cul-de-sac/dead-end road. 3 CONTINEUD PUBLIC HEARING: Clear Wireless LLC, is requesting a Special Permit for the following premises. 300 Chestnut Street, Special Permit for installation of a wireless service facility consisting of six antennas and one equipment cabinet. 2_03 Turnpike Street, Special Permit for installation of wireless service facility consisting of four antennas and one equipment cabinet. <=> Artice 4. Authorization to Accept Grants of Easements, To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectman Favorable Unfavorable MINUTES: April 20, 2010 Please 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 the agenda. May 4,2010 agenda—Planning Board VtORTH PB Report 04123/10 of ,,ED " 0 p�R Are P Toii,w ofNo7-1h,4ndoi,er Annual Town Meeting May 11,2010 Planning Board Report The Planning Board makes the recommendations regarding the following Town Meeting warrant articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: 2 Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of casements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: X Favorable ElUnfavorable Motion by R. Rowen to recommend favorable action on Article 4,Motion 2"d by T. Seibert. Vote was unaniniolls. 9 Article 15. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as voted by: A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14, 2007 Annual Town Meeting, Article 21, Line 23, "Waverley Road Relief Sewer Main", an amount not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements". B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the "Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town Meeting, Article 24. Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: X Favorable 11Unfavorable Motion b),M. Walsh to recommend favorable action on Article]5A,Motion 2`4 by R.Rouen. Vote was imanimous. PB Report 04123110 G7 Article 16. Amend Zoning Bylaw — Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless Telecommunications Overlay District: Or to take any other action relative thereto: Board of Selectmen RECOMMENDATION: X favorable 'Unfavorable Motion by M. Walsh to recoumieiid favorable action ori article 16, Alotimi 2"`r by C. LaVolpicelo. J�ote was unawnious. R Article 17. Amend Zonin B law—Section 3 Zoniniz Districts and Boundaries Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district to the list of designated districts within the bylaw. Or to take any other action relative thereto. Section 3, Subsection 3.1, is to be amended adding at the egad of listed districts, the text shown as underlined. Wireless Telecommunications Overlay District Board of Selectmen RECOMMENDATION: X favorable DUnfavorable Motimi by M. Walsh to reconnnend favorable action ori article 17,Motion 2"`r by R. Rowen. Vote was urrmrurious. 9 Article 18 . Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if the Town will vote to amend the Zoning Bylaws by inserting the following language: "Drive—thru restaurants shall be permitted within the CDD1 zone provided they are located more than 250 feet from the R6 zoned district." Or to take any other action relative thereto. Petition of Scott Hajjar and others RECOMMENDATION: [ Favorable X Unfavorable Motion by R. Rotia en to recommend unfavorable action oii article 18, Motion 2"i by T. Seibert. Vote was 3 in favor of the motion and 2 against the motion. 9 Article 27. Election of Planning Board Members, To see if the Town will vote to amend Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that chapter, (6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of the town. Petition of Alan Swahn and others RECOMMENDATION: favorable X Unfavorable 2 PS Report 04123110 Motion 4y T. Seibert to recommend inrfavorable action on Article 27, Motion 2"d by M. ffalsh. Vote was rttranintotrs. m Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2011 as detailed below, provided that, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the Town of North Andover, for any capital project in excess of$500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have the following condition added to it: "provided that this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 debt exclusion referendum under General Laws Chapter 59, Section 21C(k)": Fiscal Year 2011 CIP Recommendations: Town Manager's Line # Project Description Fund Code Recommendations I Roadway Improvements BIN-G $ 380,000 2 Sidewalk Reconstruction BIN-G $ 50,000 3 Senior Center Roof Replacement BIN-G $ 26,000 4 Facilities Master Plan B/N-G $ 150,000 5 Police Station Equipment BIN-G $ 405,000 6 School IT Network Equipment BIN-G $ 863,000 7 Revenue Billing System BIN-G $ 90,000 8 Middle School Roof Replacement B/N-G $ 310,000 9 Body Armor Replacement BIN-G $ 40,000 10 Fire Departinent Radio Equipment BIN-G $ 432,000 11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000 12 Fire Sprinkler Sys. Kittredge School BIN-G $ 450,000 General Fund Total $ 3,251,000 13 Meter Replacement B/N-W $ 450,000 Water Enterprise Fund Total $ 450,000 BIN-S $ - R/A-S $ - Sewer Enterprise Fund Total $ - * Fund Codes spelled out below 3 PB Report 04/23/10 Funding Recommendation Code Totals Raise and Appropriate - General Fund R&A-G $ - Raise and Appropriate - Water Enterprise R&A-W $ - Raise and Appropriate - Sewer Enterprise R&A-S $ - Bonds/Notes - General Fund BIN-G $ 3,251,000 Bonds/Notes - Water Enterprise B/N-W $ 450,000 Bonds/Notes - Sewer Enterprise B/N-S $ - Total All ital Projects $ 3,701,000 Board of Selectmen RECOMMENDATION. X Favorable [Unfavorable Motion by R. Rowers to recorrrrrrend favorable action ori Article 28, sections 1, 2 and 13. Motion 2"r by T. Seibert. Dote was unarihnous. C•D Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; Or to take any other action relative thereto. Community Preservation Committee RECOMMENDATION: X Favorable ,_3Unfavorable Motion b>>R. Roulerr to r•ecorrrinerrd favorable action on Article 29, Motion 2"`r by M Walsh. Mote was urianirrrous. o Article 31. Amend Zoning Bylaw -- Section 6 Signs and Outdoor Lighting Regulations, Subsection 6.3.21 Definitions__- Sign Size (Area). To see if the Town will vote to replace the current definition of Sign Size (Area) with a revised description. Section 6, Subsection 6.3.21, is to be amended b),removing the text shown as stricken, and adding the text shown is underlined. 6.3 Definitions 11. Sign Size (Area) - sign is the entire area '�vithin a single eo finuous perimeter euelosing the extreme limits of lettering, 5 ClAmblems> or other figures, againstPart of the display or used to diff-efentinte the sign from the bfie-k.-I-ro-und b n eopy shall not be ineluded. (a). For a sin either free-standing or attached the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed on which they are dis la ed but not 4 PB Report 04/2311.0 including any supporting framework and bracin2 «hich are incidental to the display itself.. (b). For a sin painted upon or applied to a building the area shall be considered to include all lettering wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face• a (c), Where the sign consists of individual letters or symbols attached to or painted on a surface building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. Or to take any other action relative thereto. Inspector of Buildings Planning Board RECOMMENDATION: X Favorable ❑Unfavorable Motion by T.Seibert to recommend favorable action on Article 31, Motion 2"�1t1711. Walsh. Vote was unanimous. R Article 32. Amend Zoning Bylaw Section 5.1.1-Earth Removal. To see if the Town will vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the underlined words as follows: 5.1 General 1. Excavation, removal, stripping, or mining of any earth material exeep as '�II�' aft pe itted on any parcel of land, public or private, in North Andover, is prohibited, except as allowed by Section 5.4 Permits for Earth Removal;. Section 5.5 Earth Removal Incidental to Development, Construction or Improvements: and Section 5.6 Miscellaneous Removal of Earth. Or to take any other action relative thereto. Inspector of Buildings RECOMMENDATION: X Favorable ❑Unfavorable Motion by M. Walsh to reconantend favorable action on Article 32,Motion 2"d Uy T. Seibert. Vote was unanimous. M Article 33. Amend Zoniniz Bylaw-Section 7.3 - Setbacks. To ,see if the Town will vote to amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and adding Sections 7.31, 7.32 and 7.33 as follows: 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on comer lots shall have the required fiont setback froze both streets, except in Residence 4 (R4) District, where the setback from the side street shall be twenty(20) feet minimum. 5 PB Report 04123/10 &7.31 —Projections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. i X7.32—Projections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. 7.33 —Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. Or to take any other action relative thereto. Inspector of Buildings RECOMMENDATION: X Favorable C' Unfavorable Motion by T. Seibert to recommend favorable action ofr article 33,A9otion 2"d by M. ff alsh. Vote ivas zmai ltrous.. W Article 37. Amend Zoning Bylaw — Section 4 Buildings and Uses Permitted Subsection 4.133.11 Industrial 2 District. To see if the Town will vote to allow alternative energy uses as-of-right within light industrial uses permitted in the Industrial----2 district. . Section 4,Subsection 4123.11,is to be amended by adding the text shown as underlined. 4.133 Industrial 2 District 11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b. Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturin2 such as wind solar, biomass and tidal on an 6 PB Report 04/23/10 lot with a minimum of twenty-five 25 acres; less than twen -five 25 acres but a minimum of ten (10) acres by Special Permit. Or to take any other action relative thereto. Board of Selectmen RECOMMENDATION: X Favorable Unfavorable Motion by R. Roiti)ett to recotortttertd favoa•able action on Article 37,Motion 2"d by T.Seibert. irate was ttttattitttotts.. o Article 38. Amend North Andover Zoning Bylaw— Section 4.137 Floodplain District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the correct flood maps and Building Code reference. Amend Section 4.137 by adding the underlined language and by removing the text shown as stricken to read as follows: 4.137 Floodplain District 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, 780 CMR 120.G Seetion 3107 "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency(FEMA) for the administration of the NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEINIA Flood Boundary & Floodway Alap dated june 2, P93 both maps which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM Floo'way Maps and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building and Conservation Commission. 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G 3199 "Flood Resistant Construction"); 7 PB Report 04/23/10 Or to take any other action relative thereto` Division of Community Development RECOMMENDATION: X Favorable Unfavorable Motion by R. Roiven to reconvnend.favorable action an Article 38,Motion 2"`r by T.Seibert. Vote was unanimous.. o Article 40. Amend General Sylaws --Chapter 28 Housing Trust Fund, Section 5C Powers of Trustees. To see if the Town will vote to remove Town Meeting approval as a requirement for selling or leasing of real estate property by the Housing Trust Fund. Chapter 28, Section SC, is to be amended by removing the text shown as stricken. CHAPTER 28 - HOUSING TRUST FUND 28-5. Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44, Section 55C: C. With the approval of the Board of Selectmen andTown T,r,.....cn to sell,lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; Or to take any other action relative thereto, Board of Selectmen RECOMMENDATION: X Favorable ]Unfavorable "r Motiony T.bSeibert to reconmrerrd_favo'able action on Article 40. Motion 21Z3,R. Roiverr. Vote was arranimorrs. 8