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HomeMy WebLinkAbout2009-04-28 Planning Board Minutes DRAFT/Edited 4/29/09 Rowen edits 4/30/09 approved 1 Town of North Andover 2 Planning Board 3 Minutes of the Meeting 4 April 28, 2009 5 Town Hall, 7:00 PM 6 7 Members present: John Simons, Chairman 8 Richard Rowen, regular member 9 Timothy Seibert, regular member 10 Michael Walsh, regular member 11 Courtney LaVolpicelo, alternate 12 13 Staff present: Judy Tymon, Town Planner 14 Mary Ippolito, Recording Secretary 15 16 17 Chair: called the meeting to order at approximately 7:10 pm. Judy: tonight's agenda contains 18 articles that were not voted on at the April 21 st PB meeting, and additional warrant articles were 19 added as well. 20 21 22 2009 Annual Town Meeting Warrant Articles: 23 24 Article#27o Report of the Community Preservation Committee and Appropriation 25 From the Community Preservation Fund. To receive the report of the Community 26 Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from 27 the Community Preservation Fund, in accordance with the provisions of Massachusetts General 28 Laws Chapter 44B, a sum of money to be spent under the direction of the Community 29 Preservation Committee; Or to take any other action relative thereto. 30 Community Preservation Committee 31 RECOMMENDATION: ❑ Favorable ❑Unfavorable 32 Chair described the table included in the article. Stevens Estate Restoration, Ridgewood 33 Cemetery, Machine Shop Village, Grogan's Field Building, Restoration of historical town 34 records, Old Police Court, Hay Scales Building, Bingham Way, Fountain Drive, RCG will 35 contribute $25 to $35K to Machine Shop Village. Motion by RR to take favorable action on 36 Article #27, 2nd by TS, vote was unanimous. 37 38 39 40 Page 1 DRAFT/Edited 4/29/09 Rowen edits 4/30/09 approved 1 Article #28o Acquisition of Land using Community Preservation Funds 2 To see if the Town will vote to raise, borrow and/or appropriate a sum of money for the 3 acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of 4 land of approximately 188 acres of land owned by any or all of the following: Marjorie V. 5 Kittredge, the Kittredge Family Preservation Trust or the Trust for Public Land as described on 6 Assessor's Map 105A, Parcels 9,10, 12, 14 and 16 to be managed and controlled by the 7 Conservation Commission of the Town of North Andover 8 Community Preservation Committee 9 RECOMMENDATION: ❑ Favorable ❑Unfavorable 10 Windrush Farm is on Lacy Street, Ms. Kittredge is trying to preserve this property, Town will 11 buy 160 acres for $2.5M, needs to get grant from open space institute, for preservation wildlife 12 and $500,000.00 grant. Open House this Saturday 1-4pm. Motion by MW to take favorable 13 action on Article 28, 2nd by RR, vote was unanimous. 14 15 16 Article #32o Amend Zoning Bylaw — Section 8.9 Wireless Service Facilities. To see if 17 the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8.9 Wireless 18 Service Facilities in order to create a revised wireless service facility ordinance as shown below 19 Or to take any other action relative thereto: 20 Planning Board 21 RECOMMENDATION: ❑ Favorable ❑Unfavorable 22 TS: gave an update regarding Wireless Committee activity. 23 24 Chair: wants to give people a shot at this at the next PB meeting of May 5th. 25 TS: e-mailed w/Matt Ginsburg he's not going to present an amendment at the floor from the 26 Committee. That option has probably been taken off the table. Committee will probably support 27 Russo. 28 29 Judy: didn't get a response back from Mr. Russo on whether he would attend PB meetings. 30 31 RR: committee didn't show up last week or this week so they had their opportunities. RR: PB 32 should vote on this tonight. . 33 34 TS: force the issue and let the chips fall where they may. 35 36 Chair: Ask Charlie Salisbury to take these articles in order at Town Meeting. 37 38 Judy: made various previous edits to Article #32. 39 40 RR: wants Judy to summarize the PB bylaw and give it as a handout at Town Meeting explaining 41 the changes and the reason for the change. Motion by RR to take favorable action on article 42 32, 2nd by MW,vote was unanimous. 43 44 45 Page 2 DRAFT/Edited 4/29/09 Rowen edits 4/30/09 approved 1 Article #33o Amend Zoning Bylaw—Section 8.9 (2)—Wireless Service Facilities. To see 2 if the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Facilities, subsections 3 (2)(u)through (2)(aa)to add a definition for Pre-existing Structures. 4 Subsection 8.9(2)(u) through 8.9(2)(nn) is to be amended by removing the text shown as 5 stricken, and adding the text shown as underlined. Section 8.9 Wireless Services Facilities 6 7 Petition of Salvatore A. Russo and others 8 RECOMMENDATION: ❑ Favorable ❑Unfavorable 9 Judy: described the map containing parcels within 600 feet and 300 feet setbacks. 10 11 RR: wording in Article #33 is worded better than the existing bylaw. 12 13 MW: looked at Town of Wayland and they did what our PB is suggesting, it caused a battle and 14 results were not good. It was appealed in Federal court and court told Town to cut a deal. Hold 15 off on this one. 16 17 18 19 Article #40o Amend Zoning Bylaw—Add New Section-Section 18—Downtown Overlay 20 District. To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a 21 new section, Section 18 Downtown Overlay District to read as follows: existing mixed uses of 22 downtown North Andover. 23 Planning Board 24 RECOMMENDATION: ❑ Favorable ❑Unfavorable 25 26 Curt Bellavance: presented. The downtown area is currently made up of four different zoning 27 districts G-B, R-4, R-5 and I-S. Proposed Downtown Overlay District combines several uses 28 already allowed in the individual districts and allow the uses within the overlay. New overlay 29 does not take away or change any existing zoning downtown but ads an alternative choice for 30 Main Street development. Changes such as storefronts closer to the street, break up large 31 buildings with separate doorway and separate facade, etc. (See Warrant Article for specifics.) 32 Window display design allowed. Apply thru Site Plan Review process come to PB for approval. 33 34 RR: on setbacks in downtown is edge of sidewalk the property line? Curt: doesn't know if this 35 goes for every property most would have a 5-foot setback. RR: if we stated under what 36 conditions drive thru would be allowed, add this into planning? Curt: G-B occupies most of 37 downtown area, banks have drive thru now. 38 39 Chair: Mixed-use structure, what's a mixed use structure? Chair: Cleveland St., is residential, 40 now you would be allowing somebody to put a business in the middle of this block, this 41 shouldn't happen because it doesn't make any sense. Curt: it would depend on what type of 42 business they wanted to do, coffee shop/or retail shop. Curt: design criteria only allows parking 43 on side or rear not out front. Curt: will present this at Town Meeting. Chair: do something about 44 defining the mixed-use thing. Chair: allows for a combination of allowed uses on same structure. 45 Judy: read 10.3 SP uses. 46 47 TS: will read Curt's edits once Curt sends them to him. Page 3 DRAFT/Edited 4/29/09 Rowen edits 4/30/09 approved 1 Motion by RR to take favorable action on Article #40, 2nd by TS,vote was unanimous. 2 3 4 Article #410 Amend Zoning May—Downtown Overlay District. To see if the town will 5 vote to amend the Zoning Map for the Town of North Andover to rezone the following:Or to 6 take any other action relative thereto. 7 Planning Board 8 RECOMMENDATION: ❑ Favorable ❑Unfavorable 9 Motion by RR to take favorable action on Article 41, 2nd by MW, vote was unanimous. 10 11 12 13 Article #42o Amend Zoning Bylaw-Section 16.2- Corridor Development District 1- 14 Permitted Uses. 15 Petition of Scott Hajjar, Oscar Pancorbo and others 16 RECOMMENDATION: ❑ Favorable ❑Unfavorable 17 At April 21St PB meeting motion by TS to take unfavorable action on article 42, no one 18 seconded the motion. 19 20 RR: Mr. Hajjar and Mr. Pancorbo would like to provide drive thru for lots that don't abut 21 residential lots. PB: discussed this a couple of years ago, PB made conscious decision not to 22 allow drive thru in this district. 23 24 Chair: PB made conscious decision not to allow drive-thru because CDD1 is tricky area, lot of 25 small lots, not much depth, wetlands, and traffic issue exists, and there are existing structures. 26 Problem to allow somebody to build on the lot that was too small for the district, then there 27 would be more curb cuts than you really wanted. 28 29 Motion by RR move to vote unfavorable action on #42.......MW: drive thru will increase 30 traffic, but there will be an increase in traffic no matter what use PB approves. Mr. Hajjar and 31 Mr. Pancorbo's lots don't back up to a residential area and it's been CDD1 now for a while and 32 they haven't gotten any bites to develop it yet. 33 34 Chair: market has impact, individuals want more than what the property is worth. 35 36 MW: their little jog of red in located in the little area of gray, Countryside Realty is a carve out. 37 38 Chair: Explained that the Countryside Realty property was included in CDD1 in the warrant, but 39 the article was modified at Town Meeting to eliminate that parcel. 40 Chair: Will proposed article increase revenue to Town?: No it won't because what should/would 41 be the highest and most valuable use, and not what's going to work right now. 42 43 TS: there is more traffic with a drive thru. 44 45 RR: the existing Dunkin Donuts is probably 80 feet off the road, and Mr. Hajjar's property will 46 be a lot closer to the road, then it won't take much to back up cars onto the highway. Page 4 DRAFT/Edited 4/29/09 Rowen edits 4/30/09 approved 1 2 CL: agrees w/MW that what was done w/CDD1 isn't working to attract developers to this site. 3 They will never get all of these properties combined to sell all at once. 4 5 Chair: that's because these people aren't as combined/unified as the homeowners that sold to 6 become the Eaglewood property. 7 8 RR: recommends unfavorable action. He would be willing to listen to a developer as to what 9 would be an improvement to the current design conditions. 10 11 Chair: recommends get somebody to come in and have a workshop w/PB. 12 13 Motion by RR to take unfavorable action on Article #42, 2nd by TS,vote 3-2 for 14 unfavorable action. 15 16 17 18 *Article #4 Authorization to Accept Grants of Easements. To see if the Town will vote to 19 authorize BOS and School Committee to accept grants of easements for access, water, drainage, 20 sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in 21 the best interest of the Town. 22 Petition of BOS 23 RECOMMENDATION: ❑ Favorable ❑Unfavorable 24 Motion by TS to take favorable action on Article #4, 2nd by RR, vote was unanimous. 25 26 27 28 *Article #5 Authorization to Grant Easements. To see if the Town will vote to authorize 29 the BOS and School Committee to grant easements for access, water, drainage, sewer, roadway 30 and utility purposes on terms and conditions the Board and Committee deem in the best interest 31 of the Town. 32 Petition of BOS 33 RECOMMENDATION: ❑ Favorable ❑Unfavorable 34 RR: if they grant easements to DPW ok, if they grant easements to private developers no way. 35 Curt will provide more information to the PB on Article #5 before the PB takes a vote tonight. 36 Table this until May 5 PB meeting. 37 38 39 *Article #12 Amend Capital Improvement Plan Appropriations from Prior Years. 40 Petition of BOS 41 RECOMMENDATION: ❑ Favorable ❑Unfavorable 42 Get Bruce Thibodeau, DPW engineer, to come in for Article #22 for discussion. Get Gene 43 Willis, DPW engineer, to come in for discussion. This is for article #12 as well as article 44 #22. 45 Table until May 5 PB meeting. 46 47 Page 5 DRAFT/Edited 4/29/09 Rowen edits 4/30/09 approved 1 *Article #22 Capital Improvement Plan Appropriation Fiscal Year 2010. 2 Petition of BOS 3 RECOMMENDATION: ❑ Favorable ❑Unfavorable 4 Get Bruce Thibodeau, DPW engineer, to come in for Article #22 for discussion. Get Gene 5 Willis, DPW engineer, to come in for discussion. This is for article #12 as well as article 6 #22. 7 Table until May 5 PB meeting. 8 9 10 11 * Article #46 Petition the Legislature— Special Act to Incur Debt for the Purpose of 12 Placing Utilities Underground in the Old Center. 13 Petition of BOS 14 RECOMMENDATION: ❑ Favorable ❑Unfavorable 15 RR: Edits - See Section 2, Page 85, third line from bottom,......RR: read portion of 16 sentence...."during the next prior calendar year" RR: pick one, should be next calendar 17 year. 18 Motion by RR to recommend favorable for Article #46 as amended this evening, 2nd by 19 MW,vote was unanimous. 20 21 22 23 *Article #47 Petition the Legislature— Special Act to Exempt the Town of North Andover 24 from Portions of Prevailing Wage Act. 25 Petition of BOS 26 RECOMMENDATION: ❑ Favorable ❑Unfavorable 27 Motion by TS for favorable action on Article #47, 2nd by MW,vote was unanimous. 28 29 30 31 32 33 Minutes of the Meeting: 34 Motion by TS to accept April 21 Minutes, 2nd by RW, vote was unanimous. 35 36 Motion by MW to adjourn, 2nd by RR,vote was unanimous meeting adjourned at 8:45 pm. 37 38 39 By order of the Planning Board 40 41 42 Approved 43 44 45 Plse. note: the Planning Board reserves the right to take items out of order and to discuss and/or 46 vote on items that are not listed on the agenda. 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