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HomeMy WebLinkAbout2013-04-16 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, April 16, 2013 Town Hall, 120 Main Street 7:00 PM Present: J. Simons (arrived at 8:07pm), M. Colantoni, R. Rowen, L. Rudnicki. L. McSherry 1 Absent: D. Kellogg 2 Staff Present: J. Tymon, J. Enright 3 4 Meeting began at 7:15pm. 5 6 PUBLIC HEARINGS 7 CONTINUED PUBLIC HEARING, 250 Clark Street: Application for Special Permit-Site Plan 8 Review. Applicant proposes to expand the existing building. The expansion will include an 9 additional hanger as well as additional office space, research and development space and storage 10 space. The expansion will also provide additional parking, a larger septic system and stormwater 11 facilities. 12 J. Mann, Attorney representing Flight Landdata: The proposal appeared before the Conservation 13 Commission and the changes recommended have been made. L. Eggleston’s comments have 14 been addressed and a positive response letter has been received from L. Eggleston. The Health 15 Agent has reviewed the septic design and she has submitted a letter to J. Tymon stating that there 16 was no reason for the approval not to be granted once the plans are submitted. The locations of 17 the buildings and primary infrastructures have not changed. The rain garden has been changed to 18 a bio-filter, a stone swale has been added next to the building, a stone wall and a guard rail has 19 been added, and snow storage areas have been added to the plan. There is an area on the site that 20 has been previously disturbed. That area will be restored. 21 Chris Sparages, Williams & Sparages: The bio-filter does not require digging as deep into the 22 existing ground as a rain garden would. The shape and grading is the same. The swale added to 23 the side of the building is actually an infiltration trench. It will collect the roof runoff from the 24 proposed building. 25 J. Tymon: The bio-filter is for the runoff from the parking area. Confirmed that L. Eggleston’s 26 concerns have been addressed and that the Board of Health has submitted an email stating that 27 once the changes are made to the plan they would not have a problem with the septic plan. 28 R. Rowen: This will remain open until the next public hearing. A Decision will be reviewed at 29 that time. 30 31 CONTINUED PUBLIC HEARING, Appleton Street: Proposed six lot Planned Residential 32 Development Special Permit and Definitive Subdivision Plan to be located at 464 Appleton 33 Street in the Residential-1 (R-1) Zoning District. The project would combine three (3) lots and 34 raze an existing dwelling with frontage on Appleton Street. 35 J. Tymon: The only item left open was the 50’ buffer. The buffer has been added to the Plan. 36 Town Counsel is still reviewing the language for the access and utility easement. 37 R. Rowen: Can a pedestrian pathway connecting Appleton Street to the subdivision be included 38 in the language. 39 J. Tymon: Will discuss putting that language into the easement with Town Counsel. 40 Phil Christiansen, Christiansen & Sergi: As a reminder, the access for a pathway would go 41 through an abutter’s driveway. The 50’ buffer has been added to the plan. There will be work 42 inside the buffer to demolish the existing house. The limit of work is shown on the plan. 43 MOTION 44 1 PLANNING BOARD Meeting Minutes Tuesday, April 16, 2013 Town Hall, 120 Main Street 7:00 PM A motion was made by L. McSherry to close the public hearing for the Planned Residential 45 Development and Definitive Subdivision Plan for 464 Appleton Street. The motion was 46 seconded by R. Rowen. The vote was unanimous 5-0. 47 Draft Decisions were reviewed. 48 MOTION 49 A motion was made by R. Rowen to approve the Definitive Subdivision Plan for 464 Appleton 50 Street as amended. The motion was seconded by M. Colantoni. The vote was unanimous 5-0. 51 MOTION 52 A motion was made by M. Colantoni to approve the Planned Residential Development Special 53 Permit application for 464 Appleton Street as amended. The motion was seconded by L. 54 Rudnicki. The vote was unanimous 5-0. 55 56 NEW PUBLIC HEARING, 0 Great Pond Road: Application for a Watershed Special Permit. 57 Applicant seeks to construct a single family dwelling with appurtenances on a presently 58 undeveloped, buildable lot. 59 J. Tymon: The applicant received a variance from the Zoning Board of Appeals (ZBA) last 60 week. Stormwater review has not been completed yet. 61 J. Simons: Was the variance granted for soil, slope or topography? 62 Phil Christiansen, Christiansen & Sergi: It was granted on topography. Two proposals for the 63 house location were presented to the ZBA. The lot is level at the bottom and at the top, but very 64 steep in the middle. There would be less disturbance to build toward the bottom, in the Non- 65 Disturbance Zone. Pervious pavement for the driveway, infiltration of all roof water, and 66 sedimentation control are all proposed. 67 Joel Gagnon, Architectural Residential Design: Reviewed the grading, house design, elevations, 68 materials, retaining wall, and landscaping. There will be a four foot retaining wall along the 69 back to provide for a 30’ deep back yard. 70 J. Simons: Have any pits into the hill been done to make sure the hill doesn’t bleed. 71 R. Rowen: What type of soil is there? 72 P. Christiansen: It is silty gravel. 73 R. Rowen: Will a drainage system need to be put in behind the stone wall? 74 P. Christiansen: There will be a drain and stone behind the wall to keep the pressure from 75 behind it. This project was brought before Conservation last week. The hearing is still open 76 because comments have not been received from L. Eggleston yet. 77 J. Simons: This will come down to the drainage. The Watershed Special Permits are taken 78 extremely seriously given it is our water supply. Best practices beyond a reasonable doubt are 79 expected to ensure the quality of the water supply is not degraded by the project. The hearing 80 will be kept open until the next meeting. 81 82 NEW PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special Permit 83 and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. single story 84 retail bank, parking lot, and stormwater structures within the Non-Discharge Zone and Non- 85 Disturbance Zone of the Watershed Protection District. 86 2 PLANNING BOARD Meeting Minutes Tuesday, April 16, 2013 Town Hall, 120 Main Street 7:00 PM J. Tymon: This project has been sent to outside consultants for review of stormwater, civil 87 engineering, and traffic. The applicant received a variance from the ZBA in January of this year. 88 J. Simons: This is a fairly large commercial building with a lot of additional impervious surface 89 related to parking and it is a site that is right next to the lake. Absolute best practices beyond a 90 reasonable doubt are expected in order to assure there is not going to be any degradation to the 91 water supply. 92 J. Tymon: The applicant has recently received all of the peer review comments; however, their 93 engineer has not had sufficient time to respond to them. This is a proposal for a new building on 94 an existing site. The plans provided by the applicant for stormwater, landscaping and parking do 95 not take into account the existing parcel. The existing parking, landscaping, stormwater, and 96 traffic flows all have to be accounted for so this should not be looked at as a separate project. 97 Reviewed L. Eggleston’s stormwater review comments related to Zone A, a buffer zone from a 98 surface drinking water supply defined by the state, and the requirements for this Zone. 99 Rick Barthelmes, Lynnfield Engineering: This application if for a Watershed Special Permit and 100 a Site Plan Special Permit. The project is within the Non-Disturbance Zone to the Lake. In 101 January a Special Permit from the ZBA for a permanent structure within the Non-Disturbance 102 Zone was received. 103 J. Simons: What was the logic of granting the variance? 104 R. Barthelmes: Lot configuration. This is the only available area the building could be placed on 105 the site. 106 R. Barthelmes: Reviewed the site plan, access road and traffic flow. The existing ATM machine 107 will be removed and the access road will shift to the East. The entrance road will narrow from 108 two lanes 24’ wide to one lane approximately 15’ wide. At the beginning of the access road a 109 right hand turn could be made into the proposed bank parking lot. At the end of the access road 110 a left hand turn would be made into the existing parking lot. 111 J. Tymon: Reviewed the conflicts that exist in the traffic flow as reported by the traffic 112 engineer’s review and the recommendations made. A truck route for fire department access 113 needs to be shown on the plan. 114 R. Barthelmes: A stormwater management system has been provided on the site. Described the 115 existing draining system and how the proposed system will be tied into that system and re- 116 directed off-site to the Merrimack River. All of the stormwater would be redirected outside of 117 the Lake Cochichewick Watershed Zone. Which is what was required when the Butcher Boy 118 Marketplace was built. 119 J. Tymon: The requirements have changed. 120 R. Rowen: If all the stormwater from the proposed new structure and the new impervious area 121 was redirected off-site to the Merrimack River would it be any worse than it is today? What is 122 going into the Lake today that wouldn’t be if this was done? 123 R. Barthelmes: All the grass area outside the high point of the detention basin on the strip along 124 Great Pond Road is going to the Lake today. Included in the application are a Pollution 125 Prevention Plan, Operations and Maintenance Plan for the stormwater management system, and 126 an Emergency Management Plan. Recently comments have been received from the peer 127 reviewers and responses are being worked on. 128 3 PLANNING BOARD Meeting Minutes Tuesday, April 16, 2013 Town Hall, 120 Main Street 7:00 PM R. Rowen: Would like to see the calculations for how much area is being infiltrated now and 129 going towards the Lake today vs. how much will be in the new plan. 130 J. Simons: Requested the traffic engineer attend the next meeting. The responses to the peer 131 reviewer comments will be discussed. 132 133 NEW PUBLIC HEARINGAnnual Town Meeting Zoning Articles 134 : Town Meeting Article to adopt the Town’s Zoning Map, in order to adopt as the official 135 Town Zoning Map the map created on October 25, 2012 . 136 J. Tymon: This is the first Zoning Map to be accepted by the Town since 1992 or 1993. Over 137 the past year all of the Articles that have been voted on since 1987 have been reviewed to 138 determine if the Zoning Map has been correctly updated to reflect the vote. The shading of the 139 different zoning colors has also been matched to the parcel lines. The new map is not a result of 140 any new zoning to be voted on. It is really just to clean the map up. 141 L. Rudnicki: A disclaimer or notation should be put on the map stating that the written record of 142 the Articles takes precedence over the depiction on the Zoning Map. 143 L Rudnicki: Made a recommendation that the Zoning Map be adopted as amended. The 144 recommendation was seconded by M. Colantoni. The vote was unanimous 4-0 in favor. L. 145 McSherry, R. Rowen, M. Colantoni, and L. Rudnicki voted in favor of the recommendation. 146 147 Town Meeting Article to amend Sections 4.121 and 4.122 to allow the keeping of backyard 148 hens in Residence 1, Residence 2, Residence 3 and Residence 4 Zoning District. 149 J. Tymon: This is a Citizen’s Petition. Reviewed current Bylaw language and proposed Bylaw 150 changes. 151 Hillary Stasonis, 1514 Salem Street, Representative for the group submitting the Citizen’s 152 Petition: Provided a handout summarizing points related to backyard chickens. 153 R. Rowen: Questioned if seven foot fences are allowed in front yards. 154 J. Tymon: Will check with the Building Department. 155 R. Rowen: Expressed that the language related to allowing a neighbor to consent to allowing a 156 coop less than forty feet from a residential structure and a waiver being granted for this condition 157 is not proper language to be put in a Zoning Bylaw. 158 H. Stasonis: Reviewed the points documented in the handout she provided. 159 J. Tymon: There are some very small, non-conforming lots in the Residential zoning districts. 160 H. Stasonis: There has been a lot of discussion related to an acreage requirement. The acreage 161 requirement is only addressing the available space on the owner’s land where they can put a coop 162 between their house and a property line. It does not address the impact on the neighbor. That 163 impact is really about the setbacks. 164 R. Rowen: The proposed language for securing of hens in a coop from ‘sunset to sunrise’ clause 165 is not enforceable by the Town staff. 166 H. Stasonis: The only way to change the language at this point is in real time at Town Meeting. 167 J. Tymon: We can make changes to the language at this meeting and changes can be made at the 168 Town Meeting. The scope can not be expanded. 169 L. Rudnicki: Recommends a larger setback from a residential structure than 40’. 170 4 PLANNING BOARD Meeting Minutes Tuesday, April 16, 2013 Town Hall, 120 Main Street 7:00 PM J. Tymon: The Planning Board has until the day of Town Meeting and can make 171 recommendations on the floor. If we want the recommendation printed in the Warrant the 172 recommendation needs to be made tonight. 173 M. Colantoni: If the Board does not vote either way will it still go to a vote at Town Meeting? 174 J. Tymon: Yes, if it is on the Warrant it will be voted on. 175 M. Colantoni: What are the setbacks in those zoning districts? 176 J. Tymon: Communicated the side, rear, and front setbacks for the various zoning districts. 177 R. Rowen: Language could be that it can not be closer than the side setback allowed by Zoning 178 with at least 40’ between the coop and the nearest residence. 179 H. Stasonis: Would that apply anyway because, like a shed, it would be considered an accessory 180 building? 181 J. Tymon: There are no setbacks for sheds of a certain size. 182 R. Rowen: Recommended that he would leave it at 40’ and have the Town weigh in on it. It can 183 be modified on the floor if necessary. 184 J. Simons: Arrived at 8:07pm. 185 R. Rowen: Provided a summary of what has been discussed related to the proposed backyard 186 chicken Bylaw. 187 J. Simons: Recommended not voting at this time. 188 J. Tymon: Will make the language changes recommended and the Board can consider voting at 189 the May 7, 2013 meeting 190 . 191 Town Meeting Warrant Article to amend Section 6.5 Prohibited Signs to prohibit off- 192 premise signs and overhanging signs. 193 J. Tymon: This change would modify the Bylaw to allow projecting signs. It would also add to 194 Bylaw language stating that off-premise signs are not allowed. 195 The Board requested that Curt Bellavance attend the next meeting to discuss this change. 196 197 Town Meeting Warrant Article to amend Section 8.11 in order to put in place a one-year 198 Moratorium for Regulations for Wind Energy Facilities. 199 J. Tymon: The proposed language has been reviewed by Town Counsel. The language has to 200 include an end date for the moratorium. 201 L. Rudnicki: Recommended the date be changed from twelve months beginning June 1, to 202 twelve months beginning July1. 203 J. Simons: Requested that a wind turbine be better defined. 204 A vote will be taken at the next meeting. 205 206 Town Meeting Warrant Article to amend Section 8.14 in order to put in place a one-year 207 Moratorium for Regulations for Medical Marijuana Treatment Facilities (Dispensaries) 208 J. Simons: The date should be changed to July 1. The “Exclusion of other Marijuana Uses” 209 should be omitted. The numbering needs to be fixed. 210 MOTION 211 A motion to recommend favorable action as amended with edits discussed by R. Rowen. The 212 motion was seconded by L. Rudnicki. The vote was unanimous 5-0. 213 5 PLANNING BOARD Meeting Minutes Tuesday, April 16, 2013 Town Hall, 120 Main Street 7:00 PM 214 Town Meeting Warrant Article to amend Section 8.5.7.D Planned Residential Districts 215 allow for an increase in height to 35 feet within a Planned Residential District. 216 R. Rowen: Is the height measured as the average height around the perimeter of the house? 217 J. Tymon: Will bring the definition to the next meeting. 218 MOTION 219 A motion to recommend favorable action was made by L. Rudnicki. The motion was seconded 220 by M. Colantoni. The vote was unanimous 5-0. 221 222 Town Meeting Warrant Article to amend Section 11.5 Planned Development Districts to 223 specify the allowable residential density within a Planned Development District 224 J. Tymon: Curt Bellavance is going to withdraw this Article. 225 226 Town Meeting Warrant Article to amend Section 18.2 Downtown Overlay District to 227 require a Special Permit for developments with more than 10 residential dwelling units. 228 Board asked what the basis was for the number of units identified. 229 The Board requested that Curt Bellavance attend the next meeting to discuss this change. 230 231 DISCUSSION 232 Street Acceptance: Red Gate Lane 233 J. Tymon: The applicant has completed the checklist and is scheduled to be at the Selectmen’s 234 meeting on May 6, 2013. G. Willis has submitted a letter of acceptance. The Mylars have been 235 submitted. Town Counsel has communicated that they have received all necessary documents 236 and they do not have any concerns. Based on a site visit conducted today some loom and seeding 237 is needed. The applicant will complete that tomorrow. 238 MOTION 239 A motion was made by M. Colantoni to recommend street acceptance for Red Gate Lane 240 contingent upon the applicant finishing the outstanding items identified by the Town Planner. 241 The motion was seconded by L. McSherry. The vote was unanimous 4-0. L. McSherry, R. 242 Rowen, M. Colantoni, and L. Rudnicki voted in favor. 243 244 Street Acceptance: Woodlea Road 245 J. Tymon: This request has been withdrawn. 246 247 MEETING MINUTES : Approval of April 2, 2013 meeting minutes. 248 MOTION 249 A motion was made by L. Rudnicki to approve the April 2, 2013 meeting minutes as amended. 250 The motion was seconded by R. Rowen. The vote was unanimous. 251 252 253 ADJOURNMENT 254 MOTION : 255 6 PLANNING BOARD Meeting Minutes Tuesday, April 16, 2013 Town Hall, 120 Main Street 7:00 PM A motion was made by R. Rowen to adjourn the meeting. The motion was seconded by M. 256 Colantoni. The vote was unanimous, 5-0. 257 258 The meeting adjourned at 10:05pm. 259 260 MEETING MATERIALS: Agenda, 464 Appleton Street: Site Grading Plan Definitive P.R.D. 261 Subdivision Plan for “Regency Place” in North Andover, MA, Draft PRD Notice of Decision, 262 Draft Definitive Subdivision Notice of Decision, 250 Clark Road: Site Plan in North Andover, 263 MA dated 3/26/2013, Eggleston Environmental review letter dated 4/9/2013, Williams & 264 Sparages response to Stormwater Review dated 4/10/2013, Operations & Maintenance Plan 265 dated 4/9/2013, email dated 4/16/13 from Susan Sawyer (Health Dept.), 0 Great Pond Road: 266 Special Permit – Watershed Permit Application, Site Plan of Land Great Pond Road located in 267 North Andover (3 pages), Architectural Residential Plans dated 3/5/2013 (6 pages), 1077 Osgood 268 Street: Pentucket Bank at Butcher Boy Marketplace 1077 Osgood Street North Andover, 269 Massachusetts 01845 dated March 15, 2013 pages c-1 through c-10, A210, A211, E-1, E-2, 270 Eggleston Environmental review letter dated 4/10/13, Vanasse & Associates, Inc. review 271 response letter dated 3/29/13, Annual Town Meeting Public Hearing: Legal Notice, Zoning 272 Map, Maps: B-1, R-1, R-2, R-3, R-4, R-5, R-6, and VR Zoning Districts, Proposed Zoning 273 Bylaw to Allow the Keeping of Backyard Hens, Area community analysis, Proposed Signs and 274 Sign Lighting Regulations Bylaw changes, Proposed Interim Regulations Wind Facilities, Map 275 wind speeds in North Andover, Area Community Wind Turbine Bylaws, Proposed Interim 276 Regulations Medical Marijuana Treatment Facilities, Proposed Amendment to Zoning Bylaw 277 Section 8.5.7.D, Proposed Amendment to Zoning Bylaw Section 11.5, Proposed Amendment to 278 Zoning Bylaw Section 18 Downtown Overlay District, Eugene P. Willis, PE review letter dated 279 4,2,2013 for Red Gate Lane, 4/2/13 draft meeting minutes. 280 7