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HomeMy WebLinkAbout2012-06-05 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, June 5, 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 7:09 pm. 6 BOND RELEASE 7 8 Walnut Ridge: Applicant requests release of surety bond. 9 J. Tymon: This request has been rescheduled. 10 ANR 11 12 Lot 1 / 2 Stiles Road 13 J. Tymon: Stiles Street was a subdivision approved in 2003 and the Decision stated that one house could 14 be built as long as the roadway was improved to the state of a driveway. An as-built has been submitted 15 for that house and for that driveway. This ANR would separate one acre into a lot. The rest can not be 16 developed until the entire subdivision roadway is constructed. 17 J. Simons: A provision has to be put on the plan that Lot 2 is not a buildable lot. 18 Gene Willis, representing applicant Tim Willis: There are two Mylars prepared, one has “the lot is 19 unbuildable at this time”. 20 MOTION 21 A motion was made by R. Rowen to direct the Town Planner to sign the ANR plan with the language “not . 22 a buildable lot”. The motion was seconded by M. Colantoni. The vote was unanimous 23 PUBLIC HEARINGS 24 25 CONTINUED PUBLIC HEARING: 26 Main Street, Application for Special Permit-Site Plan Review. 26 Applicant proposes construction of an eight (8) unit residential condominium project with two (2) parking 27 spaces per unit on a lot with access to Main Street via existing easements on two (2) existing lots fronting 28 Main Street at 22-24 and 28-30 Main Street and an existing curb cut at the noted lots. 29 J. Tymon: Summarized requirements related to the project listed in a letter submitter by the Fire 30 Department. Four spaces for visitor parking have been added to plan in response to the letter and those 31 parking spaces have been reviewed by L. Eggleston and approved. 32 T. Seibert: Read the Fire Department letter submitted by Lt Frederick McCarthy, Fire Prevention, into 33 the record. 34 B. MacCleod: Andover Consultants: Showed the Board where the new parking spaces are located on the 35 plan. All concerns of the Fire Department have been addressed. All comments of the other Town 36 Departments and peer reviewers have been addressed. The Fire Lane ordinance is a state law and 37 enforcement of the no parking will be done by the police department. 38 J. Tymon: A Homeowner’s Association could be responsible for the maintenance of the signs, markings 39 on the road, and pavement repair. This could be conditioned in the Decision. 40 J. Cusack, abutter 28-30 Main Street: Has had five or six meetings with the applicant and his concerns 41 related to parking spaces, ingress, and egress have been addressed. 42 MOTION 43 A motion was made by D. Kellogg to close the public hearing on 26 Main Street. The motion was 44 seconded by R. Rowen. The vote was unanimous. 45 J. Tymon: a draft Decision will be prepared for the next meeting. 46 1 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 47 CONTINUED PUBLIC HEARING, 498 Chickering Road: Application for Special Permit-Site Plan 48 Review. Applicant proposes demolition of a Mobil gas station and construction of a 3,159 sq. ft. bank 49 building, with three drive-through bays, twenty four (24) parking spaces, landscaping and stormwater 50 management in the General Business Zone (GB). 51 J. Tymon: G. Willis’ drainage concerns have been addressed. The applicant’s proposed use of Franklin 52 Street has been reviewed by Town Counsel, Attorney Tom Urbelis, and his response has been provided. 53 This Decision, if approved by the Planning Board, does not preclude or make any claim to any future 54 rights of any abutters and does not make any statement about what could potentially happen within 55 Franklin Street. Reviewed pictures of current conditions of the unpaved section of Franklin Street. 56 Steve Stapinski, Merrimack Engineering Services: Reviewed the location of the proposed grass swale to 57 be located approximately three quarters of the way across Franklin Street. The swale will be 58 approximately two feet wide and a foot and a half deep. Franklin Street had previously gone through to 59 Rt. 125. The Town or the State cut it back and stopped the access to Chickering Road. There probability 60 of Franklin Street going through to Rt. 125 is extremely remote. 61 MOTION 62 A motion was made by R. Rowen to close the public hearing for 498 Chickering Road. The motion was 63 seconded by T. Seibert. The vote was unanimous. 64 A draft Decision was reviewed by the Board. 65 The scope of responsibility and reporting structure for the Licensed Site Professional was discussed. 66 MOTION 67 A motion was made by T. Seibert to approve the petition of Lowell Five regarding 498 Chickering Road, 68 Map 71 Lot 26, as amended. The motion was seconded by D. Kellogg. The vote was unanimous. 69 70 CONTINUED PUBLIC HEARING: Annual Town Meeting Zoning Articles. 71 Town of North Andover 72 Annual Town Meeting 73 June 12, 2012 74 Planning Board Report 75 The Planning Board makes the recommendations regarding the following Town Meeting warrant articles 76 as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: 77 78 Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to 79 authorize the Board of Selectmen and the School Committee to accept grants of easements for access, 80 water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee 81 deem in the best interest of the Town; 82 Or to take any other action relative thereto. 83 Board of Selectmen 84 RECOMMENDATION: X Favorable Unfavorable 85 PB voted at last meeting. 2 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 86 Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize the 87 Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, 88 roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest 89 of the Town; 90 Or to take any other action relative thereto. 91 92 Board of Selectmen 93 RECOMMENDATION: X Favorable Unfavorable 94 PB voted at last meeting. 95 Article 15. Reduction of Community Preservation Act Surcharge. To see if the Town will as 96 follows: 97 Should we, the tax payers of North Andover, reduce the Community Preservation Act surcharge? 98 The CPA was enacted in 2002 at the maximum of 3%. The state matched dollar for dollar. Since 99 that time, many projects benefiting the town have been completed – protection of our drinking water, 100 assisting in renovations of the Town Hall, Steven’s Estate, the Senior Center and more at a cost of 21 101 million tax dollars. 102 Due to the downturn in the economy, the State has reduced their matching amount to .26 cents on the 103 dollar. Is it time to follow the Commonwealth lead and reduce our spending? 104 The CPA surcharge is an additional cost on your real estate tax bill. Should we reduce the surcharge from 105 3% to a more reasonable 1and 1/2%? 106 Petition of William P. Callahan and others 107 RECOMMENDATION: Favorable X Unfavorable 108 PB voted at last meeting. Article 28 : Capital Improvement Plan Appropriation Fiscal Year 2013. To see if the Town will vote to fund the Capital Improvement Program as listed under the heading "Board of Selectmen/Town Manager Recommend" and with the language included: FY13 CIP Recommendations 3 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM Line # Project Description Fund Code BOS , Town Managers Recommendations 1 Roadways B/N-G $ 476,700 2 Sidewalk Reconstruction B/N-G $ 50,000 3 Building Maintenance B/N-G $ 50,000 4 Replace Fire Chief's Vehicle B/N-G $ 34,000 5 Replace Mobile Data Terminals B/N-G $ 90,258 6 General IT B/N-G $ 40,000 7 School Dept IT B/N-G $ 165,098 8 Design Work (Central Office & Kittredge B/N-G $ 359,500 School Gym) General Fund Total $ 1,265,556 9 Water Main Replacement B/N-W $ 573,000 10 Water Meter Installation B/N-W $ 60,000 11 Flocculation & Sedimentation Building B/N-W $ 65,000 12 Concrete Repairs and Coating B/N-W $ 97,000 Water Enterprise Fund Total $ 795,000 13 Rea's Pond Sewer Pump Station B/N-S $ 250,000 Replacement 4 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 14 School St & Bunkerhill Sewer Replacement B/N-S $ 100,000 15 Osgood St Sewer Preliminary Design B/N-S $ 300,000 Sewer Enterprise Fund Total $ 650,000 * Fund Codes spelled out below 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 B/N-G $ 1,265,556 Bonds/Notes - Water Enterprise B/N-W $ 795,000 Bonds/Notes - Sewer Enterprise B/N-S $ 650,000 Total All Capital Projects (New Borrowing) $ 2,710,556 Unexpended Bond Proceeds $ 650,000 $ 2,060,556 that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,060,556 under chapter 44 of the Massachusetts General Law or any other enabling 5 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM authority. (2) The appropriation for items 13, 14 & 15 above in the amount of $650,000 shall be funded with the transfer from the following project in the amount set forth below, said sum represents excess bond proceeds not needed for the completion of the project: Amount Project Date/Article Date Bonded Number $ 650,000 Waverly Road Relief Sewer Main 2008 / Art 21 6/1/2008 Sec 23 109 Board of Selectmen 110 RECOMMENDATION: Favorable Unfavorable 111 Bruce Thibodeau , Director DPW: Reviewed the Public Works Capital Improvement Plan request line 112 items. 113 MOTION 114 A motion was made by D. Kellogg to recommend favorable action on Article 28 #1, 2, and 9-15. The 115 motion was seconded by T. Seibert. The vote was unanimous. 116 117 Article 30. Sale of Public Buildings-Bradstreet School Main Street. To see if the Town will vote 118 to transfer the care, custody, management and control of the land and building formerly known as the 119 Bradstreet School and located on Main Street, North Andover, identified on the Town’s Assessor’s maps 120 as: Map 29, Block 23, Lot 0, from the Board of Selectmen for the purposes for which such land is 121 currently held to the Board of Selectmen for the purposes of sale of the building and to authorize the 122 Board of Selectmen to sell the parcel of land per the provisions of Massachusetts General Law Chapter 123 30B, and further that the Board of Selectmen approve any other restrictions, including restrictions on use, 124 that are in the best interests of the Town and that would effectuate the purposes of providing the 125 maximum benefit to the Town from the proposed sale of the property, upon such terms and conditions as 126 the Board of Selectmen may deem appropriate and necessary; 127 128 Or to take any action relative thereto. 129 Town Manager 130 RECOMMENDATION: Favorable Unfavorable 6 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 131 J. Tymon: The Board of Selectmen voted favorable action. The primary recommendation on the facility 132 master plan does not make use of the Bradstreet School. 133 MOTION 134 A motion was made by R. Rowen to recommend favorable action on Article 30. The motion was 135 seconded by M. Colantoni. The vote was unanimous. 136 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 137 RECOMMENDATION: X Favorable Unfavorable 138 PB voted at last meeting. 139 Article 32. Report of the Community Preservation Committee and Appropriation From the 140 Community Preservation Fund. To receive the report of the Community Preservation Committee and 141 to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community 142 Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum 143 of money to be spent under the direction of the Community Preservation Committee; 144 (Information to be provided by CPA Committee prior to warrant being signed). 145 Or to take any other action relative thereto. 146 Community Preservation Committee 147 RECOMMENDATION: Favorable Unfavorable 148 J. Simons : Reviewed a list of proposed projects. 149 MOTION 150 A motion was made by T. Seibert to recommend favorable action on Article 32. The motion was 151 seconded by D. Kellogg. The vote was unanimous. 152 7 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 153 Article 37. Amend North Andover Zoning Bylaw – Section 8.1.4(a) Off-Street Parking General 154 Requirements. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, 155 Section 8.1.4(a) Off-Street Parking General Requirements in order to allow seasonal outside seating to not 156 counts towards the parking requirements. 157 Amend Section 8.1.4(a) by adding Note 8 to the use table as follows: 158 Notes: 159 8. Seasonal outside seating for food establishments shall be exempt from Section (a) of this regulation as 160 long as the seating does not exceed 25% of the indoor seating or a total of twenty outdoor (20) seats, 161 whichever is greater; 162 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 163 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 164 Town of North Andover. 165 Or to take any other action relative thereto. 166 Planning Board 167 RECOMMENDATION: X Favorable Unfavorable 168 PB voted at last meeting. 169 Article 38. Amend North Andover Zoning Bylaw – Section 4.135 Industrial “S” District. To see if 170 the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.135 in order to allow 171 retail stores that are an accessory use to warehousing or wholesaling. 172 Amend Section 4.135 by adding the underlined language and deleting the stricken language to read 173 as follows: 174 4.135 Industrial “S” District 175 8. Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger 176 station, or business office buildings. By Special Permit, an automobile service or filling station, a diner, a 177 and retail stores that are accessory to warehousing, wholesaling and/or restaurant, a retail food store, 178 a service business . but no other retail stores of any kind. 179 (Proposed Zoning Bylaw amendment to allow additional retail uses within the Industrial “S” Zone) 180 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 181 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 182 Town of North Andover. 183 Or to take any other action relative thereto. 8 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 184 Planning Board 185 RECOMMENDATION: Favorable Unfavorable 186 T. Seibert: and retail stores that are an accessory use to the recommended to change the language to, “ 187 principal use ”. 188 MOTION 189 A motion was made by T. Seibert to recommend favorable action on Article 38, as amended. The motion 190 was seconded by D. Kellogg. The vote was unanimous. 191 192 Article AK. (39) Amend North Andover Zoning Map -1080 Osgood Street-Assessors Map 35- 193 Parcl 19 from Industrial 2 (I2) to Business 2 (B-2). To see if the Town will vote to amend the Town of 194 North Andover Zoning Map, Assessor’s Map 35 Parcel 19 from Industrial-2 to Business-2; 195 or to take any other action relative thereto. 9 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 196 197 198 Planning Board 199 RECOMMENDATION: Favorable Unfavorable 10 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 200 J. Tymon : The address in the Article should be 1018 Osgood Street (not 1080). 201 Greg Nolan, Representing JFH Holdings:Requested a change to the covenant language related to 202 “Architectural Features”. 203 J. Tymon : Will work with the applicant to revise the draft language to make it more generic. 204 MOTION 205 A motion was made by T. Seibert to recommend favorable action pending a signed Declaration of 206 Protected Use Covenant prior to Town Meeting. The motion was seconded by R. Rowen. The vote was 207 unanimous. 208 209 Article AL. (40) Amend North Andover Zoning Bylaw – Section 4.137 Floodplain District. To see 210 if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain 211 District in order to make minor adjustments so that the Bylaw accurately reflects the date of the newly 212 adopted flood maps. 213 Amend Section 4.137 by adding the underlined language and removing the text shown as stricken to read 214 as follows: 215 4.137 Floodplain District 216 1. STATEMENT OF PURPOSE 217 The purpose of the floodplain District is to: 218 a. Ensure public safety through reducing the threats to life and personal injury. 219 b. Eliminate new hazards to emergency response officials; 220 c. Prevent the occurrence of public emergencies resulting from water quality, contamination, 221 and pollution due to flooding. 222 d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down 223 the utility network and impact regions of the community beyond the site of flooding; 224 e. Eliminate costs associated with the response and cleanup of flooding conditions; 225 f. Reduce damage to public and private property resulting from flooding waters. 226 227 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND 228 FLOODWAY DATA 229 The Flood Plain District is herein established as an overlay district and includes all special flood 230 hazard areas within the Town of North Andover designated as Zone A and AE on the Essex 231 County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management 232 Agency (FEMA) for the administration of the National Flood Insurance Program. The map 233 panels of the Essex County FIRMs that are wholly or partially within the Town of North Andover 234 are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F, 235 25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F, 236 25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and 237 25009C0381F, dated July 3, 2012. The exact boundaries of the District may be defined by the 238 100-year base flood elevations shown on the FIRM and further defined by the Essex County 239 Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are 11 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 240 incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building 241 Official and Conservation Commission. 242 243 3. BASE FLOOD ELEVATION AND FLOODWAY DATA 244 Floodway Data\[, AH, A99\] a. . In Zone A and AE, along watercourses that have not had a 245 regulatory floodway designated, the best available Federal, State, local or other floodway data 246 as determined by the Building Inspector, in consultation with the Director of the Division of 247 Public Works, shall be used to prohibit encroachments in floodways which would result in 248 any increase in flood levels within the community during the occurrence of the base flood 249 discharge. 250 Base Flood Elevation Data b. . Base flood elevation data is required for subdivision proposals 251 or other developments greater than 50 lots or 5 acres, whichever is the lesser, within 252 unnumbered A zones. 253 c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be 254 determined to be outside the flood plain district by the Building Inspector, in consultation 255 with the Director of the Division of Public Works, if an accurate topographic and property 256 line survey of the area conducted by a registered professional engineer or land surveyor 257 shows that the flood plain contour elevation does not occur in any area of proposed buildings, 258 structures, improvements, excavation, filling, paving, or other work activity. The person 259 requesting the determination shall provide any other information deemed necessary by the 260 Building Inspector, in consultation with the Director of Division of Public Works to make 261 that determination. If the Building Inspector, in consultation with the Director of the Division 262 of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area 263 shall not be regulated as occurring within the Flood Plain District, and any such 264 determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall 265 prohibit the Conservation Commission, Board of Health, or other Town officials or Board 266 from making non-zoning determinations of the flood plain or performing their official duties. 267 268 4. NOTIFICATION OF WATERCOURSE ALTERATION 269 If a landowner or project proponent proposes to alter or relocate any watercourse, that person 270 shall notify the following parties and provide evidence of such notification to every town board or 271 official who has jurisdiction over such alteration or relocation prior to or at the time of applying 272 for any approval that is required to perform such alteration of relocation: 273 a. Notify in a riverine situation, the following of any alteration or relocation of a watercourse: 274 1. Adjacent Communities 275 2. \[Bordering States\] 276 3. NFIP State Coordinator 277 Massachusetts Department of Conservation and Recreation 278 251 Causeway Street Suite 600-700 279 Boston, MA 02114-2104 280 4. NFIP Program Specialist 12 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 281 Federal Emergency Management Agency, Region I th 282 99 High Street, 6 Floor 283 Boston, MA 02110 284 5. REFERENCE TO EXISTING REGULATIONS 285 The Floodplain District is established as an overlay district to all other districts. All development 286 in the district, including structural and non-structural activities, whether permitted by right or by 287 special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General 288 Laws and with the following: 289 a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal 290 high hazard areas (currently 780 CMR 120.G); 291 b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 292 310 CMR 10.00); 293 c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); 294 d. \[Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);\] 295 e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 296 CMR 15, Title 5); 297 f. Any variances from the provisions and requirements of the above referenced state regulations 298 may only be granted in accordance with the required variance procedures of these state 299 regulations. 300 301 6. OTHER USE/DEVELOPMENT REGULATIONS 302 \[Within zones AH and AO on the FIRM, adequate drainage paths are required around a. 303 structures on slopes, to guide floodwaters around and away from proposed structures .\] 304 \[s A1-30 and\] b. Within Zone AE, along watercourses that have a regulatory floodway within 305 the Town of North Andover, on the Essex County FIRMs dated July 3, 2012; encroachments 306 are prohibited in the regulatory floodway which would result in any increase in flood levels 307 within the community during the occurrence of the base flood discharge. However, a 308 registered professional engineer may provide proof and certification to the Building 309 Commissioner, in conjunction with the Director of the Division of Public Works, 310 demonstrating that such encroachments shall not increase flood levels during the occurrence 311 of the 100 year flood, and if both the Building Commissioner, in conjunction with the 312 Director of the Division Public Works approve this certification, such encroachments shall 313 not be deemed to be prohibited. 314 c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and 81T 315 \[or any revisions to the subdivision control law referencing the submission of preliminary or 316 definitive subdivision plans\], respectively shall be designed so that: 317 1. Such proposals minimize flood damage; 318 2. All public utilities and facilities are located and constructed to minimize or eliminate 319 flood damage; and 320 3. Adequate drainage is provided to reduce exposure to flood hazards. 321 4. Existing contour intervals of site and elevations of existing structures must be included 322 on plan proposal; 13 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 323 5. The applicant shall circulate or transmit one copy of the development plan to the 324 Conservation Commission, Planning Board, Board of Health, Town Engineer, and 325 Building Commissioner for comments which will be considered by the appropriate 326 permitting board prior to issuing applicable permits. 327 328 Proposed maps are on file in the Office of the Town Clerk and the Conservation Commission Office 329 and on the Town’s web site. 330 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 331 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 332 Town of North Andover. 333 Or to take any other action relative thereto. 334 Planning Board ` 335 RECOMMENDATION: X Favorable Unfavorable 336 PB voted at last meeting. 337 Planning Board ` 338 Article 41. Amend Section 16.2 of the Zoning Bylaw- Allow Drive-thru Restaurants in CDD1 339 District. To see if the Town will vote to amend Section 16.2 of the Town of North Andover Zoning 340 Bylaws, in the Corridor Development District 1 (CDD1) by inserting the following language: 341 " Drive-thru restaurants shall be permitted within the CDD1 zone provided that they are located more 342 than 250 feet from the R6 zoned district." 343 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be 344 permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the 345 Town of North Andover. 346 (The language of this article has to be clarified with Or to take any other action relative thereto. 347 property owner as to intent) 348 Board of Selectmen 349 RECOMMENDATION: Favorable Unfavorable 350 Planning Board ` 351 J. Tymon: The Site Plan proposed has some of the driveway and parking lot shown within the 50’ no- 352 build zone. The applicant would have to provide the Conservation Commission with an alternative 14 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM 353 analysis. Ma. stormwater regulations would have to be met. A draft Declaration of Protective Covenants 354 has been prepared for this applicant as well. 355 J. Simons : Uses are not being excluded on this property.This would covenant two parcels in the CDD1 356 zone for the architectural features. 357 Scott Hajjar , 176 Kara Drive: Presented pictures of drive-through buildings that he feels would be 358 palatable in this town. Presented proposed covenant language to the Board. 359 Oscar Pancorbo , 643 Turnpike Street: Presented some documentation on the average size of fast food 360 restaurants, information related to architectural design, and fast food LEAD certified building examples. 361 Jim Holbrook, 1411 Salem Street (Owner of 625 and 633 Turnpike Street): Questioned the size of the 362 buffer zone. The buffer zone wipes out the availability of a drive-through restaurant on his property and 363 he believes it favors the applicant only. The wetlands provide a natural buffer already. 364 J. Simons : The intent of the buffer zone is to buffer this use from the Residential zone. The Board 365 believes the 250’ is a reasonable standard to keep this use away from the Residential zone. It is a 366 standard that is being applied, not to benefit the applicant, but standard being used for the entire district in 367 the same sense as front and side setbacks. 368 Lenny Annaloro , 79 Salem Street: Requested the Board look again at the R-6 area being discussed and 369 the wetland buffer that already exists, which he believes is adequate to protect this Residential zone. 370 Joe Pelich , along with Suzanne Pelich and Al McGregor (owner of property across from 643 and 651 371 Turnpike St.): Approximately two years ago they came before the Board to get approval for a zoning 372 change to allow for a drive-through bank on the property across from the Hajjar property in the CDD2 373 zoning district. Requested the Board consider adding the language, “and within the CDD2 district on a 374 parcel or parcels collectively comprising at least 5 acres or more of land” to Article 41. 375 J. Simons : This scope adds property, adds a separate district, and had it has not been noticed. Stated it is 376 too late to do this. 377 T. Seibert : This is a petition of the Board of Selectmen. Such an appeal should be made to them. 378 Al McGregor , 7 Patriot Street: Requested the Board re-write the language or bring up the proposed 379 change to the language at Town Meeting. 380 J. Simons : Stated that it can not be done and that it has not been properly noticed. 381 MOTION 382 A motion was made by D. Kellogg to recommend favorable action pending the signing of satisfactory 383 covenant paperwork. The motion was seconded by R. Rowen. The vote was unanimous. 384 DISCUSSIONS 385 386 Planning Board: Recommendations for ATM Warrant Articles. 387 Detailed above. 388 MEETING MINUTES 389 390 MOTION : 391 A motion was made by T. Seibert to approve the May 23, 2012 meeting minutes. The motion was 392 seconded by R. Rowen. The vote was unanimous. 393 15 PLANNING BOARD Meeting Minutes Tuesday, June 5, 2012 Town Hall, 120R Main Street 7:00 PM ADJOURNMENT 394 395 MOTION : 396 A motion was made by T. Seibert to adjourn the meeting. The motion was seconded by D. Kellogg. The 397 vote was unanimous. 398 . 399 The meeting adjourned at 9:11 pm 400 401 MEETING MATERIALS: Agenda, 26 Main Street: Revised landscape plan dated 5/1/12, Letter from 402 Lt. Frederick McCarthy Fire Prevention dated 5/24/212, Rev. Existing Conditions Plan dated 5/10/12, 403 Rev. Site Plan dated 5/10/12, 498 Chickering Road: draft Decision, Letter dated 5/30/12 from Merrimack 404 Engineering Services to Eugene Willis, PE, Rev. Site Plan dated 5/30/12, Site Lighting & Photometric 405 Plan dated 4/27/12, Plan of Land dated 4/27/2012, DEP Stormwater Mgmt Standards, Letter dated 406 5/31/12 from Louis P. Minicucci, Jr to the Planning Board, Letter dated 5/29/12 from Tom Urbelis to 407 Town Planner, Interoffice Memorandum dated 5/31/12 from Gene Willis to Judy Tymon, Abutter 408 support memo from George H. Schruender dated 5/31/12, Abutter support memo from J. Darryl Perry, 409 Pictures of undeveloped section of Franklin Street—vegetated area, drainage and ponding area, Annual 410 Town Meeting correspondence: Letter of Protective Use Covenants Conditions and Restrictions for 1018 411 Osgood St., Proposed language for zoning bylaw change to the Industiral “S” District, Letter dated 412 5/29/12 from Judy Tymon to the Planning Board RE: Accessory Use Zoning Analysis, Letter RE: 413 Reasons to support Selectmen’s amendment to CDD1 Zone, Existing Conditions and Conceptual Plan for 414 643 and 651 Turnpike Street, Summary of Community Preservation Projects 2012 Town Meeting, NA 415 Community Preservation Committee-Long Range Plan, ATM Planning Board Report, Covenant 416 language submitted by S. Hajjar for 643 and 651 Turnpike Street, Fast food restaurant data submitted by 417 Oscar C. Pancorbo, 643 Turnpike Street, Examples of Dunkin Donut architectural design pictures 418 submitted by S. Hajjar 651 Turnpike Street, draft 5/01/2012 meeting minutes. 16