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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 MINTUS OF THE MEETING
8 April 1, 2008
9 Town Hall, 120 Main Street
10 7:00 PM
11
12
13
14 Members present: Richard Nardella, Chairman
15 John Simons, Vice Chairman
16 Alberto Angles, Clerk
17 Richard Rowen, regular member
18 Jennifer Kusek, regular member
19 Timothy Seibert, alternate member
20
21 Staff present: Lincoln Daley, Town Planner
22 Mary Ippolito, Recording Secretary
23
24
25 Chairman Nardella introduced the panel to the assembly and opened the meeting at
26 approximately 7:10 pm.
27
28 Chair stated since his recent election to the BOS he will remain on the PB just to hear the
29 hearings that are already in process, if there are any new hearings he will excuse himself
30 and just finish up the previous meetings.
31
32 On behalf of the Planning Board Richard Rowen thanked our Chair for his many years of
33 service. Chair acknowledged the number of years of service that this PB has totaling 20+
34 and thanked the PB for their continued service to the Town.
35
36
37 CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENT(S):
38
39 The DF Parker Company, LLC, 500 Sutton Street, Map 74, Lot 1-B. Site Plan
40 Review Special Permit to permit construction of a 20,540 s.f., two floor masonry and
41 steel pet care facility and a Watershed Special Permit for the construction of a detention
42 basin in the Non-Discharge buffer zone within the I-2 zoning district.
43
44 RCG, 21 High Street - Map 069.0 & 068.0 Lot 0001 & 0010. Site Plan Review Special
45 Permit and Definitive Plan Approval for Planned Development District Special Permit
46 for Phase 2, which shall include the renovation and conversion of approximately 65,000
Planning Board
Minutes ofthe Meeting
April 1,2008
Page I
approved
1 s.f of existing vacant space and total of fifty residential, loft-style, one & two bedroom
2 residential units located within the second and fourth floors of Building #3A and the
3 fourth and fifth floors of Building No.l the conversion of other space within the existing
4 building to commercial uses along with parking and other improvements on the premises
5 in the I-S zoning district.
6
7 Chair announced that the PB would move into Executive Session and called for a
8 roll call.
9 I, Alberto Angles, Jr. vote to go into Executive Session.
10 I, John Simons vote to go into Executive Session.
11 I, Richard Rowen vote to go into Executive Session.
12 I, Jennifer Kusek vote to go into Executive Session.
13 I, Timothy Seibert vote to go into Executive Session.
14 I, Richard Nardella vote to go into Executive Session.
15
16 Motion to move into Executive Session at approximately 7:15 pm.
17
18 EXECUTIVE SESSION:
19
20 1. Executive Session with the Planning Board and Attorney Thomas Urbelis.
21 Litigation issue relative to Stacey Hughes-Birch vs. Town of North Andover Planning
22 Board.
23
24 Motion to come out of Executive Session, Chair called for a roll call to come out of
25 Executive Session and to resume the regularly scheduled PB meeting of April 1, 2008.
26
27
28 Regularly scheduled Planning Board meeting of April 1, 2008:
29
30 CHAIR ANNOUNCED THE FOLLOWING DISCUSSION(S):
31
32 2. Bond release for 249 Marbleridge Road, Watershed Special Permit—Bill
33 Barrett requesting release and close out of$3,000.00. Letter from engineering and as
34 built submitted.
35
36 PB voted to release all remaining bond money $3,000.00 + accrued interest for 249
37 Marbleridge Road to Bill Barrett by unanimous vote.
38
39
40 3. ANR application for Ruth C. Nason, Trustee, a/k/a Stonehouse Farm, 276
41 Washington Street, Boxford, MA. Applicant wishes to divide a lot located on the
42 Boxford and North Andover line.
43
44 Lincoln stated there is a guardrail, which covers the entire extent of the property on Lot
45 #1. This is a State Road and the State will not take it down unless they give the applicant
46 a stipulation that he can't access this lot. Georgetown Planner stated could this guardrail
Planning Board
Minutes ofthe Meeting
April 1,2008
Page 2
approved
1 be taken down in order to allow access into the lot? Chair remembered a different lot that
2 was denied because of topography and an existing pond on the lot. Chair stated PB
3 doesn't have any right to do anything on this until Town Counsel is consulted in this
4 matter, and requested the applicant speak to Boxford, DPW to see if the guard rail is
5 necessary or not. JS recommended that Lincoln deny this ANR application if the
6 applicant refuses to give us an extension.
7
8 CHAIR CALLED FOR THE FOLLOWING DISCUSSION: 2008 ANNUAL
9 TOWN MEETING WARRANT ARTICLES:
10
11 4. Rte. 125 Corridor Rezoning— Creation of the Corridor Development District 3
12 (CDD3).
13
14 Lincoln stated see page #2 of the PB packet it includes language to allow pre-existing
15 non-conforming use to expand up to 25% as Special Permit thru ZBA.
16
17 Chair stated PB is giving these people the same rights that exist in our Bylaw today.
18 They will have to come back to us for a Site Plan SP to expand their use. Lincoln stated
19 Microwave Engineering is ok with the language submitted in the rezoning corridor.
20 Lincoln wants 2 t/2 acres for minimum lot size. PB is restricting the drive thru by more
21 than 500 linear feet and it will be restricted to only certain businesses this means fast
22 food restaurants. Lincoln stated turn to 2nd last page parcels #34, #31 toward Bradford St.
23 area.
24
25 Chris Adams stated he doesn't have plans for his property yet until they bring in
26 sewerage and change zoning. He stated fast food operations would not locate here unless
27 they get a drive thru.
28
29 PB stated they do not want to look like Route #1. JS does not want this stretch of Rte.
30 #125 to look like Lawrence or Middleton. PB has consistently backed their philosophy.
31 Chair stated there is likely that this zoning will result in further additional zoning. PB is
32 trying to increase the value of the land in the area.
33
34 Mr. Adams asked what does the PB want to see there? Mr. Adams stated a nice
35 restaurant, but it does not have a drive thru?
36
37 Lincoln included entire parcel area for the Town Meeting. Purple area is zoned for parcel
38 # 61, #6 is within R-2 and I-S. Parcel #34, #31 is R-2 and I-S.
39
40 JS explained how to divide the upper parcel; it can go to the larger part of the lot, which
41 is commercial, and go another 100 feet all the way to the back.
42
43 JK stated combine the two parcels to expand it makes good sense.
44
45 Mr. Adams lot would stay residential? Make one lot all residential the lot on the upper
46 corner.
Planning Board
Minutes of the Meeting
April 1,2008
Page 3
approved
1
2 Lincoln asked about a pie shape lot entire lot should be CDD3?
3
4 Chair stated leave it 100% commercial. Mr. Barker's lot is changing from industrial to
5 commercial. Chair wants to make sure PB include everything they want to include for the
6 Warrant information.
7
8 Chair stated it would take 3 or 4 of you to combine your lots to come up with a 5-acre
9 parcel and you will get a good development and a larger parcel is worth more money.
10 Parcels will be 2 t/2 acres in size. Chair stated if PB has any changes in language they can
11 be made in the motion. Chair stated that he made a lot of changes to the language and he
12 would discuss them at a later meeting. BOS will only make their recommendations at
13 Town Meeting.
14
15 Mr. Adams wants to work with the abutters in order to make the delineation line one
16 straight line instead of a jagged one.
17
18 Chair commended Lincoln for doing such a good job on this zoning project.
19
20 Mr. Adams stated he is very impressed by this progressive Planning Board.
21
22 Tyler Munroe thanked the PB and stated they did a great job, and he's waiting to get
23 some sewer along this corridor.
24
25 Lee Babb, 21 Cherise Circle, asked if the warrant articles would be posted on the web site
26 regarding this rezoning corridor? Chair stated this rezoning would not affect the White
27 Birch subdivision abutters very much at all. He has Alcon Co. located in his back yard,
28 and what was proposed was never built, lighting is different, color of building was
29 different.
30
31 Chair stated put your concerns in writing and let Lincoln run with it and appraise the PB.
32
33
34 5. Modifications to Sections 8.1 Off-Street Parking and 8.4 Screening and
35 Landscaping Requirements for Off-Street Parking.
36
37 Lincoln stated look at page #8 section should be highlighted in your packets. If proposed
38 development 8.1.8 etc.
39
40 Chair stated if variances are required send them to the ZBA and they will deal with it
41 regarding the parking regulations. It was noted that Town Counsel stated the appropriate
42 venue should be thru a Site Plan Review SP regarding parking. PB is ok w/this but
43 continues the talking w/ZBA.
44
Planning Board
Minutes ofthe Meeting
April 1,2008
Page 4
approved
1 AA stated PB would need to document each individual case when PB waives certain
2 restrictions etc. because there needs to be continuity and base the waiver on findings of
3 facts. Chair commended Lincoln on doing a fine job on this project.
4
5 6. Modifications to Section 4.2 Phased Development Bylaw— The Phased
6 Development Bylaw section is set to expire on July 1, 2009. PB recommended we do
7 nothing w/this bylaw. However, other current projects would be affected by the PB
8 taking no action on this bylaw.
9
10 Lincoln recommended keeping this language the way it is, or delete 4.2 from the Bylaw
11 and be more proactive, but kept language as proposed right here. See table-listing
12 number of units in a subdivision development etc.
13
14 JS would rather eliminate the bylaw completely or be silent and do nothing.
15
16 RR recommends get rid of it.
17
18 Lincoln to talk to Charlie Salisbury and Town Counsel to see what we can put in the
19 article.
20
21 Chair stated leave this the way it is and vote to take no action.
22
23 JS stated take no action at Town Meeting and let the thing slide.
24
25 Chair stated we don't want to hurt RCG(21 High Street) we may have to modify the
26 language think about it.
27
28 Lincoln make RCG think about how many building permits they will need before 2009
29 and let us know.
30
31 AA stated trigger some wording to find a way around it.
32
33
34 7. Modifications to Section 2. Definitions to define the term "Structure" and
35 "Trailer".
36
37 Lincoln gave a copy of the "Definition" to Frank Ragonese.
38
39 Edits:
40 1. Eliminate phrase and/or require electrical etc.
41 Lincoln read the litigation issue relative to the lawsuit filed by Frank Ragonese and took
42 the information and put it into the definition of a structure.
43
44 Edits:
45 PB stated conflict with 4.126 WATERSHED.
46
Planning Board
Minutes ofthe Meeting
April 1,2008
Page 5
approved
1 Edits:
2 Lincoln to remove this out of definition of a structure. Lincoln added temporary structure
3 definition. Lincoln read the decision and addressed the use of storage of trailers.
4
5 Edits:
6 RR stated put a period after signs. Say and structures etc.
7
8 Edits:
9 JS at very end motors and recreations shall not be considered....as temporary structures.
10
11 Chair wants Lincoln to have Gerry Brown come in front of PB in order to guide him
12 along.
13
14 Edits:
15 Frank Ragonese stated eliminate the following. 2.68 storage trailers or units etc.
16 ........parcel. (take out the following and remain in a relative fixed location).
17
18
19 8. Sign Bylaw— Section 6 Signs and Sign Lighting Regulations.
20 Lincoln recommended that the PB skip over this bylaw tonight.
21
22
23 CONTINUED HEARING(S):
24
25 9. 880 Great Pond Road, - Map 103, Lot 111. Watershed Special Permit to raze
26 existing dwelling and construct a single-family dwelling, driveway, & roof runoff
27 infiltration system within the Non-Disturbance district within the R-1 zoning district.
28 Applicant currently requesting a variance from ZBA.
29
30 Pat Bower, Engineer, stated he addressed VHB's comments. Landscape Architect was
31 brought on board and has specific locations for plantings. Edge treatment on driveway,
32 catch basin was added. Raise top of retaining wall 6 inches back, wall made of stone and
33 mortar.
34
35 AA asked if infiltration trench was part of the original plan? Mr. Bower thinks it was
36 added since the first time he was here. Infiltration trench was added for the catch basin.
37 Project is being reviewed by Con/Com also.
38
39 JS wants Mr. Bower to document detail to satisfy PB and DPW Engineer and put your
40 Engineering stamp on it and use "best practices".
41
42 Chair wants to know what can PB think of to prevent major catastrophes and how can the
43 PB prevent it?
44
45 Mr. Bower stated there is no need for a sub pump because lower level is above the water
46 table. Floor drain will not be in contact with anything except ground water.
Planning Board
Minutes ofthe Meeting
April 1,2008
Page 6
approved
1
2 JS stated this house is 3 times bigger than the existing house; PB doesn't want to set this
3 as a standard.
4
5 Mr. Bower provided a letter that the quality and quantity of the water will not be affected.
6
7 Chair stated what else could Mr. Bower put on site to stop infiltration of hydraulic fluid
8 from leaking into water during construction?
9
10 RR stated put sprinkler system in.
11
12 RR recommends that Mr. Bower put the bridge on the site before -hand to bring it out in
13 the open.
14
15 Lincoln stated Mr. Bower should determine the edge of the lake. Con/Com stated its part
16 of the lake itself and should be labeled as such. Needs a variance from ZBA for non-
17 disturbance of buffer zone.
18
19 Mr. Bower to come back on April 15u'.
20
21 Chair applauded Mr. Ercolini for his consideration toward the Planning Board's request
22 relative to this project.
23
24 JK asked is there anyone who inspects this kind of project as it's on going? Lincoln
25 stated he does so as well as a construction monitor.
26
27
28 IMPROMPTU DISCUSSION:
29 Mr. Charles Kendrick, Chair of Planning Committee of Edgewood Retirement stated he
30 would like to thank the Planning Board and Lincoln Daley and to admit publicly that the
31 site plan is better than the one presented in the beginning. He has a Board meeting on
32 this Friday to approve a construction loan for the project.
33
34
35 PB signed Edgewood mylar and ANR plan tonight.
36
37
38 APPROVAL OF THE "MINUTES"
39
40 March 18, 2008
41
42 Motion by JS, 2nd by RR to approve the March 18, 2008 Minutes, vote was unanimous 6-
43 0.
44
45
46 IMPROMPTU DISCUSSION:
Planning Board
Minutes of the Meeting
April 1,2008
Page 7
approved
1 Chair stated there was an issue raised by an abutter of the First Calvary Baptist Church,
2 that the cell tower company was putting in a right to talk device. If citizens in Town have
3 issues with cell tower things they should get in touch w/Lincoln. Chair stated only one
4 cell tower in Town has been constructed since the implementation of the Bylaw.
5
6 PB should make a recommendation of PB upholding existing Bylaw and to enforce
7 setback for Chestnut St. and within Church Spire and PB will be SP granting authority.
8
9 Chair asked Lincoln who should come before the PB relative to #404, #426 Andover St,
10 warrant article?
11
12 Motion by RR, 2nd by JK to adjourn tonight's PB meeting, vote was unanimous 6-0.
13 Meeting adjourned at approximately 10:00 pm.
14
15
16 PLANNING BOARD MEETINGS:
17
18 ■ April 15, 2008
19 ■ May 6, 2008 (hold PB election of offices on May 6th)
20
21
22
23
24
25 By order of the Planning Board
26
27
28 Approved
29
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32
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34
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37
38
39
40 NOTE: The Planning Board reserves the right to take items out of order and to discuss
41 and/or vote on items that are not listed on the agenda.
42
Planning Board
Minutes of the Meeting
April 1,2008
Page 8