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HomeMy WebLinkAbout2001-03-13Planning Board Meeting March 13, 2001 RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER ZOO1 APR -q P 2:33 Members Present: Alison Lescarbeau, Chairman John Simons, Vice Chairman (7:25) Alberto Angles, Clerk Richard Nardella Richard Rowen (9:00) Staff Present: Heidi Griffin, Planning Director Jacki Byerley, Planning Assistant The Planning Board meeting of March 13, 2001 was called to order at 7:16 p.m. Discussions: Car Wash Route 114-Informal Discussion Attorney Domenic Scalise representative for Mr. John Leeman stated that the site had been rezoned to Village Commercial which enabled the applicant to place a car wash on site. Attorney Scalise informed the Planning Board that Mr. Nicetta, Building Commissioner, approved the use within the Village Commercial Zone. Attorney Scalise stated that the materials used for the roofing and donners would be consistent with the surrounding buildings: The water would be re-used. The building would be split block facing and cement block on the back and sides. Mr. Nardella questioned what kind of screen would be used? Attorney Scalise stated there would be edging with landscaping. Mr. Simons requested that they leave 2 feet from the edge to add more screening. Dermot Kelly traffic engineer stated that the proposal was for 5 self service stalls and one car wash tunnel. From the entrance of the tunnel to the turn in the driveway there was 295 feet which enabled 14 cars to line up in one row. Mr. Kelly stated that there was an option of 2 rows which would then fit 24 cars. Mr. Kelly stated that with a previous proposal a curb cut permit had been received from the state. Mr. Kelly also stated that the curb could not be lined up with the opening to Jasmine Plaza across the street because of the wetlands on the site. Attorney Scalise stated that the Conservation Commission had requested a change which was not reflected on the plans being discussed. The Conservation Commission t'~luested that the dumpster be moved to behind the proposed parking. The Planning Board informed the applicant to research and place the following information on the plans: what the parking requirements are from the Building Conmfissioner and if necessary, add more parking spaces if required by zoning; · relocate the vacuum located in the parking area · label the contiguous buildable area of the lot on the plans · supply examples and pictures of proposed materials of the building. 6 Timber Lane-Bond Release Ms. Griffin informed the Planning Board that the applicant had submitted an as-built depicting their roof and screening in of an existing deck within the watershed district. Ms. Griffin stated that she had performed a site visit and the structure is in compliance with the proposed plans. Mr. Nardella motioned to a FULL RELEASE of all remaining bond money from 6 Timber Lane, 2nd by Mr. Angles. Voted 4-0 in favor of. Osgood Estates-Preliminary Subdivision Mr. Simons stated that the applicant had submitted more of a conceptual plan. Mr. Simons suggested that Ms. Griffin look into the possibility of being able to reject application if the applicant does not meet the minimum requirements. Mr. Simons motioned to DENY Osgood Estates 2nd Preliminary Subdivision, 2nd by Mr. Nardella. Voted 4-0 in favor of. Executive Session Mr. Simons motioned to CONVENE to Executive Session regarding the submission of warrant article for the CPA, 2nd by Mr. Nardella. Voted 4-0 in favor of. The Planning Board convened into regular session of the Planning Board at 8:30 p.m. Warrant Articles Mr. Simons motioned to SUBMIT a warrant article to raise, appropriate or borrow funds to acquire the Hawk Ridge Subdivision subject to the passage of the Community Preservation Act at the Town Elections, 2nd by Mr. Nardella. Voted 4-0 in favor of. Mr. Simons motioned to SUBMIT a warrant article to hear the report of the Community Preservation Committee, 2nd by Mr. Nardella. Voted 4-0 in favor of. Mr. Nardella motioned to APPOINT Mr. John Simons to the Community Preservation Act Board subject to the passage at the March 20 Town Elections, 2nd by Mr. Angles. Voted 4-0 in favor of. Mr. Simons motioned to SUBMIT a warrant article to see if the Town will vote to authorize the sum of $1000.00 for administrative expenses for work of the Community Preservation Committee. Growth By-law Mr. Nardella stated that the growth by-law subcommittee was recommending a one year extension to the by-law. Mr. Nardella stated that the subcommittee suggested the deletion of the phased development bylaw and incorporate the two ideas into the growth by-law. Mr. Nardella was going to check with Town Counsel to see if the By-law could be extended for just one year. Mr. Simons suggested suspending phased development instead of deleting it. The Planning Board informed the subcommittee perform more research relative to if the growth by-law should expire would it be grand-fathered, and to clean up the complex language to make it easier to understand. Mr. Nardella motioned to SUBMIT a warrant article to delete phased development and extend the growth bylaw for one year, 2na by Mr, Angles. Voted 4-0 in favor of. Slope By-law Mr. Simons motioned to SUBMIT a warrant article for a slope by-law, 2nd by Mr. Angles. Voted 4-0 in favor of. Section 7.1.2 Mr. Nardella motioned to SUBMIT a warrant article to amend Section 7.1.2 of the North Andover Zoning Bylaw, 2na by Mr. Angles. Voted 4-0 in favor of. Rezone Thrift Shop Ms. Griffin stated that the Thrift Shop may be relocated to a parcel of land Assessors Map 28 Parcel 19 (across from Sutton and Main Street). The proposal is to have the parcel of land rezoned from a R-4 zone to General Business. Mr. Nardella stated that a covenant should be placed within the article stating that if the Thrift Shop should relocate or move later that the parcel of land no longer be General Business. Mr. Simons motioned to SUBMIT a warrant article for the rezoning of Assessors Map 28 Parcel 19 from R-4 to General Business with a covenant, 2nd by Mr. Nardella. Voted 4-0 in favor of. Decisions: 1160 Great Pond Road- Athletic Facility-Site Plan Special Permit Ms. Lescarbeau stated that within the decision the finding of facts should read that the site is outside the watershed protection district. Mr. Nardella motioned to CLOSE the Public Hearing for 1160 Great Pond Road Athletic Facility Site Plan Special Pemxit, 2nd by Mr. Angles. Voted 4-0 in favor of. Mr. Nardella motioned to APPROVE the site Plan Special Permit for 1160 Great Pond Road Athletic Facility as amended, 2na by Mr. Simons. Voted 4-0 in favor of. Berdngton Place Subdivision Mr. Simons stated that both Mr. Kerry McCollister and Mesiti Development would each be given ten minutes to make their presentations to the Planning Board. Mr. Simons asked Mr. Kerry McCollister to relay to the Planning Board his concerns regarding the Berrington Place subdivision. Mr. McCollister stated that he believed that the March 16, 1999 to be an inaccurate plan. Mr. McCollister stated that he had appealed the Planning Board decision of the Modification to Berdngton Estates and hoped to amend the court litigation. Mr. McCollister stated that he believed the Form A was bogus. Mr. McCollister stated that he had made an agreement with MPG to not present himself at any Planning Board meetings regarding Berrington Estates. Mr. McCollister believes that the 7 lot subdivision was never real and that MPG presented a false plan to the Planning Board. Mr. Nardella stated that Mr. McCollister had objected to the 7 lot (original) subdivision when it had come before the Planning Board. Mr. McCollister stated that he would prefer to have no subdivision but would take the 7 lot subdivision over the 3 lot (modification) because he had a monetary interest in the 7 lot subdivision. Michael Gerstein representing MPG handed the Planning Board a sequence of events for Berrington Estates. Mr. Gerstein stated that Mr. McCollister was well informed of the sequence and the happenings relative to the sUbdivision. Mr. Gerstein went on to say that MPG did nothing to deceive the Planning Board and everything was duly recorded. Mr. Gerstein showed the Planning Board correspondence from Mr. McCollister to MPG. Mr. Grandstaff of MPG stated that the plans for Berrington Place were endorsed on March 16, 1999, and an agreement was made on March 26, 1999 with the Smith family to purchase the land which did not impact Lot 7A and 8A. Mr. Grandstaff stated that Mr. McCollister had contacted him in March of 2000 to purchase Lot 8 and was refused. Mr. Nardella motioned to CONVENE to Executive Session regarding McCollister v Planning Board, 2nd by Mr. Angles. Voted 4-0 in favor of. Renshaw Property Form A Application Ms. Griffin presented the plan to the Planning Board. Ms. Griffin stated that the only concerns she had with the plan were related to Lot 1 and Lot 2 as they did not have the required frontage. Ms. Griffin noted that the application did state on their application that both lots 1 and 2 were frontage exception lots. Ms. Griffin stated she believed this should be sent to Town Counsel for advice relative to whether or not the frontage exception special permits should be required prior to endorsing the Form A Plan or if a note on Lots 1 and 2 which state "Not a Buildable Lot as a Frontage Exception Lot is required by the Town of North Andover Planning Board". Ms. Griffin also suggested that covenants be placed on the property as was done with the Form A Plan on Bradford Street where the frontage was located in the Town of North Andover, but building permits would be secured through the City of Haverhill. Ms. Griffin stated that this Form A Plan was quite similar in that regard as this plan had frontage in the Town of North Andover but most of the buildable area and all building permits would be secured through the Town of Boxford. Mr. Rowen motioned to VOTE to endorse/deny the Form A Plan for Lots 1-5 on the Renshaw Property based on written recommendation/legal advice from Town Counsel, 2na by Mr. Angles. Voted 3-0 in favor of. The Planning Board meeting adjoumed at 10:10 p.m.