HomeMy WebLinkAbout2012-06-12 Planning Board Meeting Minutes
PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki
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Absent: R. Rowen, T. Seibert arrived at 6:40PM
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Staff Present: J. Tymon
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Meeting began at 6:30 pm.
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CONTINUED PUBLIC HEARING: Annual Town Meeting Zoning Articles.
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Town of North Andover
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Annual Town Meeting
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June 12, 2012
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Planning Board Report
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The Planning Board makes the recommendations regarding the following Town Meeting warrant articles
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as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
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Article 4. Authorization to Accept Grants of Easements.
To see if the Town will vote to
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authorize the Board of Selectmen and the School Committee to accept grants of easements for access,
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water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee
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deem in the best interest of the Town;
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Or to take any other action relative thereto.
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Board of Selectmen
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Article 5. Authorization to Grant Easements.
To see if the Town will vote to authorize the
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Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer,
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roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest
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of the Town;
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Or to take any other action relative thereto.
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Board of Selectmen
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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Article 15. Reduction of Community Preservation Act Surcharge.
To see if the Town will as
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follows:
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Should we, the tax payers of North Andover, reduce the Community Preservation Act surcharge?
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The CPA was enacted in 2002 at the maximum of 3%. The state matched dollar for dollar. Since
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that time, many projects benefiting the town have been completed – protection of our drinking water,
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assisting in renovations of the Town Hall, Steven’s Estate, the Senior Center and more at a cost of 21
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million tax dollars.
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Due to the downturn in the economy, the State has reduced their matching amount to .26 cents on the
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dollar. Is it time to follow the Commonwealth lead and reduce our spending?
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The CPA surcharge is an additional cost on your real estate tax bill. Should we reduce the surcharge from
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3% to a more reasonable 1and 1/2%?
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Petition of William P. Callahan and others
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RECOMMENDATION: Favorable X Unfavorable
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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
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
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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
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
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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
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
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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Board of Selectmen
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RECOMMENDATION: X Favorable Unfavorable
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PB Voted at last meeting: Article 28 #1, 2, and 9-15.
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Article 30. Sale of Public Buildings-Bradstreet School Main Street.
To see if the Town will vote
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to transfer the care, custody, management and control of the land and building formerly known as the
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Bradstreet School and located on Main Street, North Andover, identified on the Town’s Assessor’s maps
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as: Map 29, Block 23, Lot 0, from the Board of Selectmen for the purposes for which such land is
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currently held to the Board of Selectmen for the purposes of sale of the building and to authorize the
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Board of Selectmen to sell the parcel of land per the provisions of Massachusetts General Law Chapter
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30B, and further that the Board of Selectmen approve any other restrictions, including restrictions on use,
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that are in the best interests of the Town and that would effectuate the purposes of providing the
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maximum benefit to the Town from the proposed sale of the property, upon such terms and conditions as
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the Board of Selectmen may deem appropriate and necessary;
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Or to take any action relative thereto.
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Town Manager
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RECOMMENDATION: X Favorable Unfavorable
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PB Voted at last meeting
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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
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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Article 32. Report of the Community Preservation Committee and Appropriation From the
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Community Preservation Fund.
To receive the report of the Community Preservation Committee and
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to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community
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Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum
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of money to be spent under the direction of the Community Preservation Committee;
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(Information to be provided by CPA Committee prior to warrant being signed).
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Or to take any other action relative thereto.
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Community Preservation Committee
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Article 37. Amend North Andover Zoning Bylaw – Section 8.1.4(a) Off-Street Parking General
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Requirements.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw,
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Section 8.1.4(a) Off-Street Parking General Requirements in order to allow seasonal outside seating to not
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counts towards the parking requirements.
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Amend Section 8.1.4(a) by adding Note 8 to the use table as follows:
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Notes:
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8. Seasonal outside seating for food establishments shall be exempt from Section (a) of this regulation as
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long as the seating does not exceed 25% of the indoor seating or a total of twenty outdoor (20) seats,
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whichever is greater;
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
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permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
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Town of North Andover.
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Or to take any other action relative thereto.
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Planning Board
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Article 38. Amend North Andover Zoning Bylaw – Section 4.135 Industrial “S” District.
To see if
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the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.135 in order to allow
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retail stores that are an accessory use to warehousing or wholesaling.
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Amend Section 4.135 by adding the underlined language and deleting the stricken language to read
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as follows:
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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4.135 Industrial “S” District
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8.
Premises of a bank, post office, telephone exchange or telephone business office, local bus passenger
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station, or business office buildings. By Special Permit, an automobile service or filling station, a diner, a
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and retail stores that are accessory to warehousing, wholesaling and/or
restaurant, a retail food store,
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a service business
. but no other retail stores of any kind.
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(Proposed Zoning Bylaw amendment to allow additional retail uses within the Industrial “S” Zone)
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
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permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
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Town of North Andover.
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Or to take any other action relative thereto.
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Planning Board
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at the last meeting to make the following changes to Article 38:
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Amend Section 4.135 by adding the underlined language and deleting the stricken language to read as
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follows:
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4.135 Industrial “S” District
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120 8. Premises of a bank, post office, telephone exchange or telephone business office, local bus
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123 principal use. but no other retail stores of any kind.
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Article AK. (39) Amend North Andover Zoning Map -1080 Osgood Street-Assessors Map 35-
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Parcl 19 from Industrial 2 (I2) to Business 2 (B-2).
To see if the Town will vote to amend the Town of
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North Andover Zoning Map, Assessor’s Map 35 Parcel 19 from Industrial-2 to Business-2;
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or to take any other action relative thereto.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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Planning Board
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RECOMMENDATION: X Favorable Unfavorable
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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J. Tymon
: The applicant has provided a covenant that states that the architectural design will be in
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conformance with the town’s character.
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MOTION
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A motion was made by D. Kellogg to recommend favorable action. The motion was seconded by M.
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Colantoni. The vote was unanimous.
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Article AL. (40) Amend North Andover Zoning Bylaw – Section 4.137 Floodplain District.
To see
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if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain
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District in order to make minor adjustments so that the Bylaw accurately reflects the date of the newly
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adopted flood maps.
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Amend Section 4.137 by adding the underlined language and removing the text shown as stricken to read
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as follows:
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4.137 Floodplain District
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1. STATEMENT OF PURPOSE
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The purpose of the floodplain District is to:
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a. Ensure public safety through reducing the threats to life and personal injury.
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b. Eliminate new hazards to emergency response officials;
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c. Prevent the occurrence of public emergencies resulting from water quality, contamination,
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and pollution due to flooding.
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d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down
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the utility network and impact regions of the community beyond the site of flooding;
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e. Eliminate costs associated with the response and cleanup of flooding conditions;
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f. Reduce damage to public and private property resulting from flooding waters.
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2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND
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FLOODWAY DATA
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The Flood Plain District is herein established as an overlay district and includes all special flood
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hazard areas within the Town of North Andover designated as Zone A and AE on the Essex
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County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management
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Agency (FEMA) for the administration of the National Flood Insurance Program. The map
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panels of the Essex County FIRMs that are wholly or partially within the Town of North Andover
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are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F,
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25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F,
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25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and
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25009C0381F, dated July 3, 2012. The exact boundaries of the District may be defined by the
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100-year base flood elevations shown on the FIRM and further defined by the Essex County
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Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are
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incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building
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Official and Conservation Commission.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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3. BASE FLOOD ELEVATION AND FLOODWAY DATA
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Floodway Data\[, AH, A99\]
a. . In Zone A and AE, along watercourses that have not had a
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regulatory floodway designated, the best available Federal, State, local or other floodway data
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as determined by the Building Inspector, in consultation with the Director of the Division of
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Public Works, shall be used to prohibit encroachments in floodways which would result in
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any increase in flood levels within the community during the occurrence of the base flood
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discharge.
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Base Flood Elevation Data
b. . Base flood elevation data is required for subdivision proposals
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or other developments greater than 50 lots or 5 acres, whichever is the lesser, within
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unnumbered A zones.
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c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be
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determined to be outside the flood plain district by the Building Inspector, in consultation
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with the Director of the Division of Public Works, if an accurate topographic and property
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line survey of the area conducted by a registered professional engineer or land surveyor
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shows that the flood plain contour elevation does not occur in any area of proposed buildings,
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structures, improvements, excavation, filling, paving, or other work activity. The person
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requesting the determination shall provide any other information deemed necessary by the
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Building Inspector, in consultation with the Director of Division of Public Works to make
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that determination. If the Building Inspector, in consultation with the Director of the Division
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of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area
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shall not be regulated as occurring within the Flood Plain District, and any such
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determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall
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prohibit the Conservation Commission, Board of Health, or other Town officials or Board
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from making non-zoning determinations of the flood plain or performing their official duties.
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4. NOTIFICATION OF WATERCOURSE ALTERATION
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If a landowner or project proponent proposes to alter or relocate any watercourse, that person
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shall notify the following parties and provide evidence of such notification to every town board or
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official who has jurisdiction over such alteration or relocation prior to or at the time of applying
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for any approval that is required to perform such alteration of relocation:
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a. Notify in a riverine situation, the following of any alteration or relocation of a watercourse:
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1. Adjacent Communities
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2. \[Bordering States\]
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3. NFIP State Coordinator
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street Suite 600-700
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Boston, MA 02114-2104
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4. NFIP Program Specialist
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Federal Emergency Management Agency, Region I
th
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99 High Street, 6 Floor
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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Boston, MA 02110
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5. REFERENCE TO EXISTING REGULATIONS
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The Floodplain District is established as an overlay district to all other districts. All development
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in the district, including structural and non-structural activities, whether permitted by right or by
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special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General
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Laws and with the following:
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a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal
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high hazard areas (currently 780 CMR 120.G);
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b. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently
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310 CMR 10.00);
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c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
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d. \[Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);\]
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e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310
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CMR 15, Title 5);
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f. Any variances from the provisions and requirements of the above referenced state regulations
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may only be granted in accordance with the required variance procedures of these state
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regulations.
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6. OTHER USE/DEVELOPMENT REGULATIONS
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\[Within zones AH and AO on the FIRM, adequate drainage paths are required around
a.
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structures on slopes, to guide floodwaters around and away from proposed structures
.\]
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\[s A1-30 and\]
b. Within Zone AE, along watercourses that have a regulatory floodway within
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the Town of North Andover, on the Essex County FIRMs dated July 3, 2012; encroachments
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are prohibited in the regulatory floodway which would result in any increase in flood levels
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within the community during the occurrence of the base flood discharge. However, a
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registered professional engineer may provide proof and certification to the Building
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Commissioner, in conjunction with the Director of the Division of Public Works,
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demonstrating that such encroachments shall not increase flood levels during the occurrence
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of the 100 year flood, and if both the Building Commissioner, in conjunction with the
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Director of the Division Public Works approve this certification, such encroachments shall
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not be deemed to be prohibited.
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c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and 81T
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\[or any revisions to the subdivision control law referencing the submission of preliminary or
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definitive subdivision plans\], respectively shall be designed so that:
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1. Such proposals minimize flood damage;
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2. All public utilities and facilities are located and constructed to minimize or eliminate
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flood damage; and
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3. Adequate drainage is provided to reduce exposure to flood hazards.
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4. Existing contour intervals of site and elevations of existing structures must be included
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on plan proposal;
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5. The applicant shall circulate or transmit one copy of the development plan to the
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Conservation Commission, Planning Board, Board of Health, Town Engineer, and
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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Building Commissioner for comments which will be considered by the appropriate
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permitting board prior to issuing applicable permits.
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Proposed maps are on file in the Office of the Town Clerk and the Conservation Commission Office
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and on the Town’s web site.
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
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permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
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Town of North Andover.
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Or to take any other action relative thereto.
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Planning Board
`
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RECOMMENDATION: X Favorable Unfavorable
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PB voted at last meeting.
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Planning Board
`
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Article 41. Amend Section 16.2 of the Zoning Bylaw- Allow Drive-thru Restaurants in CDD1
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District.
To see if the Town will vote to amend Section 16.2 of the Town of North Andover Zoning
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Bylaws, in the Corridor Development District 1 (CDD1) by inserting the following language:
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" Drive-thru restaurants shall be permitted within the CDD1 zone provided that they are located more
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than 250 feet from the R6 zoned district."
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And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be
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permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the
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Town of North Andover.
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Or to take any other action relative thereto.
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Board of Selectmen
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RECOMMENDATION: Favorable Unfavorable
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Planning Board
`
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J. Simons
: We need to discuss both the procedural issues with regard to this article and the substantive
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issues. Procedurally, I have spoken with the Town Moderator about the additional language that is being
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proposed and he has said that he will allow the proposed change to be made at tonight’s Town Meeting. I
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still have a problem with the manner in which this proposal has come forward, that it may not have been
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properly noticed but the Town Moderator can make the decision as to whether the article can be changed
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at Town Meeting.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 12, 2012
Town of North Andover High School, 430 Osgood Street, Room 1108
7:00 PM
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D. Kellogg: Have the abutters to the parcels in question been notified of this zoning change?
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J. Tymon: The notice was not sent to abutters, since no request was received in writing for a copy of the
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notice. The legal ad was placed in the local newspaper and it stated that the zoning change would apply
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only to the CDD1 district.
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J. Simons: We need to discuss the substantive issues. This added language allows drive-through
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restaurants on certain parcels within CDD2 district that are over 5 acres and are over 400 feet from a
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residence.
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L. Rudnicki: But the new language is different than the original language, in that the new language refers
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to distances from dwelling units, as opposed to distance from zoned areas.
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J. Pelich: The 400 feet provides adequate protection from residents in the area. Also, the 400 feet is the
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same language that was passed to allow bank drive-throughs in the warrant article that was passed at the
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Fall Town Meeting in 2010.
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J. Simons: Would you be willing to provide a covenant that would state certain architectural and design
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standards?
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J. Pelich: Yes, we can include the following in a covenant: architectural styles, signage, lighting, fencing,
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stone walls. Also, with regard to traffic, there are currently two existing curb cuts on Route 114. We will
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provide a complete traffic study
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L. Rudnicki:I believe that there are additional language changes that need to be made to section 16
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Corridor Development District.
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J. Simons: Are we ready to vote? Town Meeting is looking for a recommendation. We can vote on a
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recommendation now or we can vote during Town Meeting.
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T. Seibert: We have three options: Vote a favorable recommendation, vote an unfavorable
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recommendation or take no action.
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MOTION
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A motion was made by T. Seibert to recommend favorable action on Article 38, as amended. The motion
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was seconded by D. Kellogg. The vote was 4 to 1 in favor. L. Rudnicki voted against the motion.
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ADJOURNMENT
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MOTION
:
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A motion was made by T. Seibert to adjourn the meeting. The motion was seconded by D. Kellogg. The
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vote was unanimous.
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.
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The meeting adjourned at 7 pm
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MEETING MATERIALS: Agenda; 26 Main Street: 10/17/11 STM PowerPoint Presentation; Amended
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Article 38; Assessor’s Map CDD2 District; Comparison of original Article38 language to amended
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Article38 language; Email from John Smolak to John Simons; GIS map of 0 Turnpike St.; Town of North
nd
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Andover Zoning Bylaw Section 16; 1018 Osgood St. Covenant; Proposed Site Plan for 0 Turnpike St.; 2
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Proposed Site Plan for 0 Turnpike St.; 643/651 Turnpike St. Covenant.
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