Loading...
HomeMy WebLinkAbout2012-05-23 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 1 Present: J. Simons, R. Rowen, T. Seibert, M. Colantoni, D. Kellogg, L. Rudnicki 2 Absent: 3 Staff Present: J. Tymon, J. Enright 4 5 Meeting began at 7:02 pm. 6 BOND RELEASE 7 8 Woodlea Village: Applicant is requesting a partial bond release. 9 J. Tymon: The bond was established in 2001. The applicant is requesting a $2,000 release plus 10 accumulated interest. This would leave $17,200. G. Willis has reviewed the amount and he agrees that 11 this is enough to cover the remaining work that needs to be done and for street acceptance. 12 Carl Kasierski, Ashwood Development Companies Inc.: The money will be used to complete the 13 required work and the street acceptance procedures. A Certificate of Compliance is still required from the 14 Conservation Commission. There is still a $36K bond held with Conservation. 15 MOTION 16 A motion was made by R. Rowen to release all of the bond money for Woodlea Village, except $17, 200. 17 The motion was seconded by D. Kellogg. The vote was unanimous. 18 19 North Andover Estates: Applicant is requesting a bond release and close out. 20 J. Tymon: All of the streets in this subdivision have been accepted by the town. There was a final $6,000 21 tree performance guarantee that was to be held for two years. The two years ended in 2002. 22 MOTION 23 A motion was made be R. Rowen to release all bond money held for North Andover Estates, including 24 interest. The motion was seconded by D. Kellogg. The vote was unanimous. 25 26 58 Country Club Circle: Applicant is requesting a bond release and close out. 27 J. Tymon: The applicant came before the Board in 2007 for construction of a detached garage and came 28 back to finish a recreation room above the garage. The original permit issued in 2007 had a requirement 29 for a $1,000 bond. The applicant has submitted an as-built plan and a site visit has been completed. 30 MOTION 31 A motion was made by R. Rowen to release all bond money for 58 Country Club Circle, including 32 interest. The motion was seconded by D. Kellogg. The vote was unanimous. 33 POSTPONEMENTS 34 35 CONTINUED PUBLIC HEARING: 26 Main Street, Application for Special Permit-Site Plan Review. 36 Applicant proposes construction of an eight (8) unit residential condominium project with two (2) parking 37 spaces per unit on a lot with access to Main Street via existing easements on two (2) existing lots fronting 38 Main Street at 22-24 and 28-30 Main Street and an existing curb cut at the noted lots. 39 PUBLIC HEARINGS 40 41 CONTINUED PUBLIC HEARING, 70 Elm Street: Application for a renewal of a Wireless Special 42 Permit for the operation of an existing wireless communication facility within the Residential-4 (R-4) 43 Zoning District under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw. 44 T. Seibert recused himself. 45 J. Simons: This hearing was closed at the last meeting. A draft Decision has been prepared. 46 Draft Decision was reviewed by the Board. 1 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 47 48 MOTION 49 A motion was made by D. Kellogg to approve the renewal of the Wireless Special Permit for 70 Elm 50 Street. The motion was seconded by R. Rowen. The vote was unanimous, 4-0. Voting in favor were R. 51 Rowen, M. Colantoni, J. Simons, and D. Kellogg. 52 53 CONTINUED PUBLIC HEARING, 498 Chickering Road: Application for Special Permit-Site Plan 54 Review. Applicant proposes demolition of a Mobil gas station and construction of a 3,159 sq. ft. bank 55 building, with three drive-through bays, twenty four (24) parking spaces, landscaping and stormwater 56 management in the General Business Zone (GB). 57 J. Tymon: An updated Site Plan and Operations and Maintenance Plan have been received. All of L. 58 Eggleston’s comments have been addressed. Reviewed a letter received from William Simmons, LSP 59 JKD, licensed site professional, and summarizing his responsibilities related to the use limitation for this 60 site. 61 J. Simons: Requested that the Board of Health review the plan and this letter. 62 J. Tymon: A letter was also received from an attorney regarding the property owner’s legal rights in 63 regard to Franklin Street, a paper street. Franklin Street is not an accepted street, it is a Private Way. A 64 proposed swale will run across this paper street. 65 J. Simons: Requested Town Counsel review the letter submitted. 66 Steve Stapinski, Merrimack Engineering Services: C. Huntress has submitted an updated landscape plan 67 based on the Board’s comments at the last meeting. Reviewed changes made to the site engineering 68 plans. A meeting will be scheduled with Gene Willis to address his concerns. 69 R. Rowen: Are problem soils being removed from the site? 70 S. Stapinski: There is about a 3’ cut on one potion of the property. There is a 0’ cut on another potion. 71 There will be a foundation footing, frost wall installed. The foundation footing for the old Mobile Station 72 will be removed. Will not know if there will be any problem soil found until the work begins. The LSP 73 is on site to supervise the earth work monitoring. Approximately 400 cubic yards of material, beyond the 74 pavement and gravel, will need to be removed. Some of that may be used in the landscaping areas. The 75 LSP will be there to supervise the movement, placement, and protection of the earth. There are DEP 76 standards that he will have to adhere to. 77 J. Simons: The hearing will be kept open and possibly voted on at the next meeting. 78 79 CONTINUED PUBLIC HEARING, 1320 Osgood Street: Application for Special Permit-Site Plan 80 Review. Applicant proposes to construct a parking lot. 81 J. Tymon: An insurance company is purchasing a residential property and would like to expand the 82 parking area. There are 28 proposed parking spaces, most located to the rear of the building for 83 employees. L. Eggleston’s comments have been addressed. The Site Plan and the O&M Plan have been 84 updated. A draft Decision has been prepared 85 Frank Emery and Stacey Carpenter, Caspian Associates: A landscape plan has been submitted based on 86 the Board’s comments at the last meeting and a request by L. Eggleston. 87 88 MOTION 89 A motion was made by R. Rowen to close the public hearing for 1320 Osgood Street. The motion was 90 seconded by M. Colantoni. The vote was unanimous. 91 The draft Decision was reviewed. 92 93 MOTION 2 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 94 A motion was made by R. Rowen to approve the Site Plan -Special Permit for 1320 Osgood Street for the 95 construction of twenty eight parking spaces, with the Decision as amended this evening. The motion was 96 seconded by M. Colantoni. The vote was 5-0. J. Simons abstained. 97 98 NEW PUBLIC HEARING: Annual Town Meeting Zoning Articles. 99 Planning Board Report 100 The Planning Board makes the recommendations regarding the following Town Meeting warrant articles 101 as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: 102 103 Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to 104 authorize the Board of Selectmen and the School Committee to accept grants of easements for access, 105 water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee 106 deem in the best interest of the Town; 107 108 Or to take any other action relative thereto. 109 Board of Selectmen 110 RECOMMENDATION: Favorable Unfavorable 111 MOTION 112 A motion was made by T. Seibert to recommend favorable action on Article 4. The motion was seconded 113 by M. Colantoni. The vote was unanimous. 114 115 Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize the 116 Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, 117 roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest 118 of the Town; 119 120 Or to take any other action relative thereto. 121 122 Board of Selectmen 123 RECOMMENDATION: Favorable Unfavorable 124 MOTION 125 A motion was made by T. Seibert to recommend favorable action on Article 5. The motion was seconded 126 by M. Colantoni. The vote was unanimous. 3 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 127 128 Article 15. Reduction of Community Preservation Act Surcharge. To see if the Town will as 129 follows: 130 131 Should we, the tax payers of North Andover, reduce the Community Preservation Act surcharge? 132 133 The CPA was enacted in 2002 at the maximum of 3%. The state matched dollar for dollar. Since 134 that time, many projects benefiting the town have been completed – protection of our drinking water, 135 assisting in renovations of the Town Hall, Steven’s Estate, the Senior Center and more at a cost of 21 136 million tax dollars. 137 138 Due to the downturn in the economy, the State has reduced their matching amount to .26 cents on the 139 dollar. Is it time to follow the Commonwealth lead and reduce our spending? 140 141 The CPA surcharge is an additional cost on your real estate tax bill. Should we reduce the surcharge from 142 3% to a more reasonable 1and 1/2%? 143 144 Petition of William P. Callahan and others 145 RECOMMENDATION: Favorable Unfavorable 146 MOTION 147 A motion was made by T. Seibert to recommend unfavorable action on Article 15. The motion was 148 seconded by D. Kellogg. The vote was unanimous. 149 150 Article 30. Sale of Public Buildings-Bradstreet School Main Street. To see if the Town will vote 151 to transfer the care, custody, management and control of the land and building formerly known as the 152 Bradstreet School and located on Main Street, North Andover, identified on the Town’s Assessor’s maps 153 as: Map 29, Block 23, Lot 0, from the Board of Selectmen for the purposes for which such land is 154 currently held to the Board of Selectmen for the purposes of sale of the building and to authorize the 155 Board of Selectmen to sell the parcel of land per the provisions of Massachusetts General Law Chapter 156 30B, and further that the Board of Selectmen approve any other restrictions, including restrictions on use, 157 that are in the best interests of the Town and that would effectuate the purposes of providing the 4 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 158 maximum benefit to the Town from the proposed sale of the property, upon such terms and conditions as 159 the Board of Selectmen may deem appropriate and necessary; 160 161 Or to take any action relative thereto. 162 Town Manager 163 RECOMMENDATION: Favorable Unfavorable 164 J. Tymon: The School Committee has granted the property to the Town. This article would allow the 165 Town to sell it. 166 R. Rowen: Is the School Committee expecting to get the proceeds from the sale? 167 J. Tymon: Does not know. Also, does not know of any particular buyer. 168 The Board would like more information related to this article and what the BOS’s recommendation is. 169 Will vote at the next meeting. 170 Article 31. Amend Article 29 2011 Annual Town Meeting - CPA BAN Authorization. To see if the Town will vote to amend the vote taken on Article 29 of the 2011 Annual Town Meeting Warrant under “Principal Repayment: Windrush Farm” from $638,000 to $659,648 to pay principal and interest and to raise, borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, this sum of money; Or to take any other action relative thereto. Town Manager 171 RECOMMENDATION: Favorable Unfavorable 172 MOTION 173 A motion was made by T. Seibert to recommend favorable action on Article 31. The motion was 174 seconded by M. Colantoni. The vote was unanimous. 175 176 Article 32. Report of the Community Preservation Committee and Appropriation From the 177 Community Preservation Fund. To receive the report of the Community Preservation Committee and 178 to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community 179 Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum 180 of money to be spent under the direction of the Community Preservation Committee; 5 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 181 182 (Information to be provided by CPA Committee prior to warrant being signed). 183 184 185 Or to take any other action relative thereto. 186 Community Preservation Committee 187 RECOMMENDATION: Favorable Unfavorable 188 This Article will be discussed at the next meeting. 189 190 Article 37. Amend North Andover Zoning Bylaw – Section 8.1.4(a) Off-Street Parking General 191 Requirements. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, 192 Section 8.1.4(a) Off-Street Parking General Requirements in order to allow seasonal outside seating to not 193 counts towards the parking requirements. 194 195 Amend Section 8.1.4(a) by adding Note 8 to the use table as follows: 196 197 Notes: 198 199 8. Seasonal outside seating for food establishments shall be exempt from Section (a) of this regulation as 200 long as the seating does not exceed 25% of the indoor seating or a total of twenty outdoor (20) seats, 201 whichever is greater; 202 203 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 204 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 205 Town of North Andover. 206 207 Or to take any other action relative thereto. 208 6 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 209 Planning Board 210 RECOMMENDATION: Favorable Unfavorable 211 MOTION 212 A motion was made by R. Rowen to recommend favorable action on Article 37. The motion was 213 seconded by T. Seibert. The vote was unanimous. 214 215 Article 38. Amend North Andover Zoning Bylaw – Section 4.135 Industrial “S” District. To see if 216 the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.135 in order to allow 217 retail stores that are an accessory use to warehousing or wholesaling. 218 219 Amend Section 4.135 by adding the underlined language and deleting the stricken language to read 220 as follows: 221 222 4.135 Industrial “S” District 223 8. Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger 224 station, or business office buildings. By Special Permit, an automobile service or filling station, a diner, a 225 and retail stores that are supplementary to warehousing, wholesaling restaurant, a retail food store, 226 and/or a service business . but no other retail stores of any kind. 227 228 (Proposed Zoning Bylaw amendment to allow additional retail uses within the Industrial “S” Zone) 229 230 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 231 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 232 Town of North Andover. 233 234 Or to take any other action relative thereto. 235 236 7 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 237 Planning Board 238 RECOMMENDATION: Favorable Unfavorable 239 J. Tymon: This was brought forward by an applicant that is looking to purchase a building at 8 240 Marblehead Street in which he would like to open a swimming pool warehousing and retail operation. In 241 the I-S district there is a mixture of industrial and retail uses. To accommodate this particular business we 242 recommend adding language to the I-S list of allowed uses. 243 J. Simons: Recommended that the language be reviewed and to vote at the next meeting. 244 Paul Delaney, The Delaney Group representing the applicant: Stated that the applicant is looking to 245 purchase a building and the purchase is dependant on this zoning change, therefore, this is time sensitive. 246 The Board will vote on recommendation at the June 5, 2012 meeting. 247 248 Article AK. (39) Amend North Andover Zoning Map -1080 Osgood Street-Assessors Map 35- 249 Parcl 19 from Industrial 2 (I2) to Business 2 (B-2). To see if the Town will vote to amend the Town of 250 North Andover Zoning Map, Assessor’s Map 35 Parcel 19 from Industrial-2 to Business-2; 251 252 or to take any other action relative thereto. 8 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 253 254 255 Planning Board 256 9 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM RECOMMENDATION: Favorable Unfavorable 257 258 J. Simons: Requested that the Town Planner review the allowed uses in the B-2 district to determine if 259 there are any that should be covenanted out. In the past, when rezoning, the Board has carved out uses 260 that they would prefer not to see. The applicant has been asked to covenant out those uses in a deed 261 restriction. 262 Mark Gross, representing JFJ Holdings as the applicant: There is a very definite plan of a coffee shop 263 with a drive-through on the property. Showed the Board a rendering of the proposed building and a Site 264 Plan. 265 J. Simons: The Board will vote the recommendation on this article at the next meeting. 266 267 Article AL. (40) Amend North Andover Zoning Bylaw – Section 4.137 Floodplain District. To see 268 if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain 269 District in order to make minor adjustments so that the Bylaw accurately reflects the date of the newly 270 adopted flood maps. 271 272 Amend Section 4.137 by adding the underlined language and removing the text shown as stricken to 273 read as follows: 274 275 4.137 Floodplain District 276 277 1. STATEMENT OF PURPOSE 278 The purpose of the floodplain District is to: 279 a. Ensure public safety through reducing the threats to life and personal injury. 280 b. Eliminate new hazards to emergency response officials; 281 c. Prevent the occurrence of public emergencies resulting from water quality, contamination, 282 and pollution due to flooding. 283 d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down 284 the utility network and impact regions of the community beyond the site of flooding; 285 e. Eliminate costs associated with the response and cleanup of flooding conditions; 286 f. Reduce damage to public and private property resulting from flooding waters. 287 288 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND 289 FLOODWAY DATA 290 The Flood Plain District is herein established as an overlay district and includes all special flood 291 hazard areas within the Town of North Andover designated as Zone A and AE on the Essex 292 County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management 293 Agency (FEMA) for the administration of the National Flood Insurance Program. The map 10 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 294 panels of the Essex County FIRMs that are wholly or partially within the Town of North Andover 295 are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F, 296 25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F, 297 25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and 298 25009C0381F, dated July 3, 2012. The exact boundaries of the District may be defined by the 299 100-year base flood elevations shown on the FIRM and further defined by the Essex County 300 Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are 301 incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building 302 Official and Conservation Commission. 303 304 3. BASE FLOOD ELEVATION AND FLOODWAY DATA 305 Floodway Data\[, AH, A99\] a. . In Zone A and AE, along watercourses that have not had a 306 regulatory floodway designated, the best available Federal, State, local or other floodway data 307 as determined by the Building Inspector, in consultation with the Director of the Division of 308 Public Works, shall be used to prohibit encroachments in floodways which would result in 309 any increase in flood levels within the community during the occurrence of the base flood 310 discharge. 311 Base Flood Elevation Data b. . Base flood elevation data is required for subdivision proposals 312 or other developments greater than 50 lots or 5 acres, whichever is the lesser, within 313 unnumbered A zones. 314 c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be 315 determined to be outside the flood plain district by the Building Inspector, in consultation 316 with the Director of the Division of Public Works, if an accurate topographic and property 317 line survey of the area conducted by a registered professional engineer or land surveyor 318 shows that the flood plain contour elevation does not occur in any area of proposed buildings, 319 structures, improvements, excavation, filling, paving, or other work activity. The person 320 requesting the determination shall provide any other information deemed necessary by the 321 Building Inspector, in consultation with the Director of Division of Public Works to make 322 that determination. If the Building Inspector, in consultation with the Director of the Division 323 of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area 324 shall not be regulated as occurring within the Flood Plain District, and any such 325 determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall 326 prohibit the Conservation Commission, Board of Health, or other Town officials or Board 327 from making non-zoning determinations of the flood plain or performing their official duties. 328 329 4. NOTIFICATION OF WATERCOURSE ALTERATION 330 If a landowner or project proponent proposes to alter or relocate any watercourse, that person 331 shall notify the following parties and provide evidence of such notification to every town board or 332 official who has jurisdiction over such alteration or relocation prior to or at the time of applying 333 for any approval that is required to perform such alteration of relocation: 334 a. Notify in a riverine situation, the following of any alteration or relocation of a watercourse: 335 1. Adjacent Communities 336 2. \[Bordering States\] 11 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 337 3. NFIP State Coordinator 338 Massachusetts Department of Conservation and Recreation 339 251 Causeway Street Suite 600-700 340 Boston, MA 02114-2104 341 4. NFIP Program Specialist 342 Federal Emergency Management Agency, Region I th 343 99 High Street, 6 Floor 344 Boston, MA 02110 345 346 347 5. REFERENCE TO EXISTING REGULATIONS 348 The Floodplain District is established as an overlay district to all other districts. All development 349 in the district, including structural and non-structural activities, whether permitted by right or by 350 special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General 351 Laws and with the following: 352 a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal 353 high hazard areas (currently 780 CMR 120.G); 354 b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 355 310 CMR 10.00); 356 c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); 357 d. \[Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);\] 358 e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 359 CMR 15, Title 5); 360 f. Any variances from the provisions and requirements of the above referenced state regulations 361 may only be granted in accordance with the required variance procedures of these state 362 regulations. 363 364 6. OTHER USE/DEVELOPMENT REGULATIONS 365 \[Within zones AH and AO on the FIRM, adequate drainage paths are required around a. 366 structures on slopes, to guide floodwaters around and away from proposed structures .\] 367 \[s A1-30 and\] b. Within Zone AE, along watercourses that have a regulatory floodway within 368 the Town of North Andover, on the Essex County FIRMs dated July 3, 2012; encroachments 369 are prohibited in the regulatory floodway which would result in any increase in flood levels 370 within the community during the occurrence of the base flood discharge. However, a 371 registered professional engineer may provide proof and certification to the Building 372 Commissioner, in conjunction with the Director of the Division of Public Works, 12 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 373 demonstrating that such encroachments shall not increase flood levels during the occurrence 374 of the 100 year flood, and if both the Building Commissioner, in conjunction with the 375 Director of the Division Public Works approve this certification, such encroachments shall 376 not be deemed to be prohibited. 377 c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and 81T 378 \[or any revisions to the subdivision control law referencing the submission of preliminary or 379 definitive subdivision plans\], respectively shall be designed so that: 380 1. Such proposals minimize flood damage; 381 2. All public utilities and facilities are located and constructed to minimize or eliminate 382 flood damage; and 383 3. Adequate drainage is provided to reduce exposure to flood hazards. 384 4. Existing contour intervals of site and elevations of existing structures must be included 385 on plan proposal; 386 5. The applicant shall circulate or transmit one copy of the development plan to the 387 Conservation Commission, Planning Board, Board of Health, Town Engineer, and 388 Building Commissioner for comments which will be considered by the appropriate 389 permitting board prior to issuing applicable permits. 390 391 Proposed maps are on file in the Office of the Town Clerk and the Conservation Commission Office 392 and on the Town’s web site. 393 394 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 395 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 396 Town of North Andover. 397 398 Or to take any other action relative thereto. 399 400 ` Planning Board 401 RECOMMENDATION: Favorable Unfavorable 402 J. Tymon: This article is a recommendation for the Town to adopt the new flood maps. The 403 Conservation Commission has stated that there are minor changes in these maps relative to North 404 Andover. 405 MOTION 406 A motion was made by D. Kellogg to recommend favorable action on Article 40. M. Colantoni seconded 407 the motion. The vote was unanimous. 408 13 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 409 Article 41. Amend Section 16.2 of the Zoning Bylaw- Allow Drive-thru Restaurants in CDD1 410 District. To see if the Town will vote to amend Section 16.2 of the Town of North Andover Zoning 411 Bylaws, in the Corridor Development District 1 (CDD1) by inserting the following language: 412 413 " Drive-thru restaurants shall be permitted within the CDD1 zone provided that they are located more 414 than 250 feet from the R6 zoned district." 415 416 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 417 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 418 Town of North Andover. 419 420 421 (The language of this article has to be clarified with Or to take any other action relative thereto. 422 property owner as to intent) 423 424 Board of Selectmen 425 RECOMMENDATION: Favorable Unfavorable 426 J. Tymon: The Selectmen have submitted this article. Reviewed maps showing the properties within the 427 CDD1 zone, the R-6 properties adjacent to the CDD1 district, and a 250’ buffer zone from the edge of the 428 R-6 zone. The Massachusetts wetland layer is included; however, the Town has not delineated the 429 wetlands yet. 430 J. Tymon: Reviewed the Conservation Commission Bylaw distances for no disturbance and no building. 431 J. Simons: The issues in the past have been where the wetlands are, how much upland there is, how close 432 to the residential property it is, how far back the lots go, what kinds of uses can be reasonably 433 accommodated. 434 Scott Hajjar: Along with his wife Linda and the Pancorbo’s who own the properties in the CCD1 district 435 being discussed. Here in support of the Board of Selectmen’s amendment to the CDD1 zone, which 436 would permit a drive-through use within the district. Handed out and reviewed a list of “Reasons to 437 Support Selectmen’s Amendment to CDD1 Zone”. Reviewed with the Board a proposed Site Plan for a 438 building with a drive-through, 35 parking spots, 250 feet of frontage along Route 114, and approximately 439 33,000 sq. ft. of upland. The wetlands were delineated approximately two years ago. 440 R. Rowen: The queuing space has never been demonstrated before; however, it appears to be reasonable 441 on this Site Plan. 442 T. Seibert: Is this a realistic footprint for the amount of space needed for a restaurant to have a good 443 amount of indoor seating? 14 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 444 S. Hajjar: Stated he has spoken with an attorney who has expressed interest from a couple of clients that 445 he is dealing with already. There is not any specific restaurant in mind at this point. If this is approved at 446 Town Meeting we would still have to go through all the normal permitting process. This is only a 447 proposal for an idea that would perhaps jumpstart the CDD1 district. 448 R. Rowen: Is this the first time you are proposing combining two properties in the zone? 449 S. Hajjar: Not really. Stated that he understands it is the goal of the CDD1 district to encourage smaller 450 lots to combine with others, reducing the number of curb cuts off Rt. 114 in order to lessen traffic 451 congestion. This does that. From an enterprise perspective it is necessary to combine two lots together to 452 get what we have. 453 R. Rowen: The proposed building looks to be smaller than the footprint of the two houses that are there. 454 The Board discussed the increased foot traffic in the area. Suggested that, if this is approved at Town 455 Meeting, the walking access to the area be looked at. 456 J. Simons: Requested architectural drawings of what a proposed building may look like and a letter 457 stating that they would covenant a certain look and feel for the building. 458 T. Seibert: Proposed that if this project goes forward the State be engaged to see if traffic lanes and 459 walkways could be improved upon. 460 J. Tymon: Suggested she could contact Mass Highway to determine if they have future improvement 461 plans for this area. 462 J. Simons: We will vote this at the next meeting. 463 J. Tymon: Requested a copy of the site plan that was reviewed with the Board. 464 DISCUSSION 465 466 607 Turnpike Street: Proposed dog grooming business. 467 J. Tymon: the applicant, Patty McCrudden, has a dog grooming business and is currently located across 468 the street. This location is in the CDD1 district and is a residential home. The only exterior changes 469 would be minor changes to the driveway that would accommodate some additional parking. 470 Patty McCrudden: Has been operating a dog grooming business at 647 Turnpike Street for the past six 471 months. The hours are Monday – Saturday 8:00am until 6:00pm. Would like to put down some crushed 472 stone to add two or three parking spaces to the proposed new location. The lease at 647 Turnpike runs 473 through October 2013. Would like to complete some interior build-out at the new location before then. 474 MOTION 475 A motion was made by R. Rowen to waive the CDD1 Special Permit and to instruct Staff to document the 476 waiver for the file. The motion was seconded by T. Seibert. The vote was unanimous. 477 478 59 Bonny Lane: Request for a Watershed Special Permit waiver. 479 J. Tymon: The applicant has an existing flagstone patio and would like to replace it with a sunroom that 480 would have a smaller footprint. This is in the non-discharge zone, however, it is outside of the non- 481 disturb zone. Reviewed examples of Watershed Special Permits recently issued. 482 J. Simons: The difference between the waivers reviewed and this request is that this project is 200 feet 483 from the lake and the others probably at least a mile from the lake. 484 Jay Salem, representing the applicant: A wooden insulated deck would be constructed where the patio is 485 and a four season sunroom would be built on it. It would have two down spouts and a gutter system 486 around the unit. There will be less impervious surface than what is currently there. Described the 487 installation process for the posts that would be screwed into the ground. Excavation will not be required. 488 R. Rowen: Recommended that if the waiver is approved erosion control should still be required. 489 J. Tymon: Erosion control and inspections can be required with the waiver. 490 MOTION 15 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 491 A motion was made by R. Rowen to waive the requirement for a Watershed Special Permit for 59 Bonny 492 Lane for the replacement of the existing patio with a four season room with a smaller impervious surface 493 footprint and that erosion control and inspections by Staff are required. The motion was seconded by T. 494 Seibert. The vote was unanimous. 495 496 Planning Board: Recommendations for ATM Warrant Articles. 497 MEETING MINUTES 498 : 499 MOTION 500 A motion was made by M. Colantoni to approve the May 1, 2012 meeting minutes. The motion was 501 seconded by D. Kellogg. The vote was unanimous. 502 ADJOURNMENT 503 504 MOTION: 505 A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by T. Seibert. 506 The vote was unanimous. 507 . 508 The meeting adjourned at 9:32 pm 509 510 MEETING MATERIALS: Agenda, email dated 5/2/12 re: bond release request Woodlea Village, Letter 511 dated 5/14/12 from Toll Brothers re: NA Estates release of tree performance guarantee request, Letter 512 dated 5/23/2012 from Toll Brothers re: NA Heights, draft Decision 70 Elm Street renewal of Wireless 513 Special Permit, letter dated 5/23/12 submitted by Thea Fournier – 247 Main Street, 498 Chickering Road: 514 Plan of Land dated 5/10/12, Drainage Facilities Operational and Maintenance Plan dated 5/15/12, Letter 515 dated 5/21/2012 from Robert W. Levy, Eckert Seamans Attorneys at Law re: 498 Chickering Road, NA, 516 Ma, Letter dated 5/11/12 from William A. Simmons, LSP JD re: 498 Chickering Rd. MassDEP RTNs 3- 517 3454, 3-26053, and 3-26327, Plan of Land in NA, MA for developer Lowell Five pages 1-5 rev. date 518 May 23, 2012, 1320 Osgood Street: email from Lisa Eggleston dated 5/15/12, Permit Site Plan pages 1-3 519 rev date 5/21/2012, draft Decision 1320 Osgood St. Site Plan Review Special Permit, CDD1: Parcels, 520 Wetlands, Pancorbo/Hajjar Properties with setbacks, Traffic Queuing study by Dermott Kelly Traffic 521 Consultants, examples of drive-through site sizes in NA and Lawrence, 2 views of CDD1 wetland 522 resource areas, 250’ buffer, CDD1, Residential 6, Planning Board Report 6/12/2012, CDD1 beyond 523 buffer mapping, Revised Planning Board Report 6/12/2012, Letter submitted by Scott Hajjar re: “reasons 524 to support selectmen’s amendment to CDD1 zone”, Letter from Gene Willis dated 4.5.12 re: sidewalk in 525 Autumn Chase subdivision, 59 Bonny Lane: Plot Plan of Land, narrative, pictures-existing and planned, 526 Aerial view 607 Turnpike Street, draft 5/01/2012 meeting minutes. 16