Loading...
HomeMy WebLinkAbout2001-07-10Planning Board Meeting July 10, 2001 APPROVED 7/24/2001 Members Present: John Simons, Chaianan (7:20) Alberto Angles, Vice Chairman Richard Nardella, Clerk (7:15) Alison Lescarbeau Richard Rowen Staff Present: Heidi Griffin, Planning Director Jacki Byerley, Planning Assistant The Planning Board Meeting of July 10, 2001 was called to order at 7:10 p.m. Minutes: Mr. Rowen motioned to APPROVE the minutes for April 3, 2001, April 10, 2001, April 17, 2001, May I, 2001, June 5, 2001 and June 19, 2001, 2na by Ms. Lescarbeau, voted 3-0 in favor of the motion. Discussions: 28-30 Main Street-Site Plan Waiver Mr. Huntress informed the Planning Board that Mr. Manzi pumhased Caron's Funeral Home located at 28-30 Main Street. Presently the site contains 46 parking spaces with the bylaw requiring 21. Mr. Manzi of Sutton Redevelopment LLC is requesting the Planning Board waive site plan review for a change of use to the site. Mr. Nardella questioned whether there would be enough parking on site if the offices located at 22-24 Main Street were not taken into account? Mr. Manzi answered yes. Mr. Rowen motioned to WAIVE site plan review for 28-30 Main Street change of use, 2nd by Ms. Lescarbeau, voted 3-0 in favor of the motion. Omhard Hill Road-Bond Release Mr. Rowen motioned to RELEASE all remaining bond money from Orchard Hill Road, 2nd by Ms. Lescarbeau, voted 4-0 in favor of the motion. Brook Farms-partial bond release Ms. Lescarbeau motioned to RELEASE $27,805.00 from Brook Farms leaving a balance of $12,400.00, 2nd by Mr. Rowen, voted 4-0 in favor of the motion. 1 Clark Street-Bond Release Ms. Lescarbeau motioned to RELEASE all remaining funds from 1 Clark Street, 2nd by Mr. Nardella, voted 5-0 in favor of the ~notion. Pinewood-Bond Release Ms. Lescarbeau motioned to RELEASE all remaining funds from Pinewood Estates, 2nd by Mr. Angles, voted 5-0 in favor of the motion. ANR Plan-Forest Street Mr. Small representing the applicant stated that the lots were located in both Boxford and North Andover with the frontage being on Forest Street, North Andover. Mr. Nardella questioned whether the address would be in North Andover and whether the town would be receiving the tax revenue because of the frontage? Mr. Small stated that he would have to look into it. Mr. Nardella questioned whether a variance would be required for lot 2? Mr. Small stated yes. Mr. Rowen stated that the Planning Board wasn't suppose to be looking at the plan whether it would be buildable, the criteria for an endorsement by the Planning Board is for frontage and lot size. Mr. Nardella stated that the lots should be labeled unbuildable, Mr. Rowen disagreed saying that the Board could sign the plans with the disclosure of does not constitute conformance with zoning. Mr. Simons stated that if the plan met the criteria of the Board that Ms. Griffin should sign it with the disclosure of does not constitute confonuance with zoning. Also, Mr. Simons suggested that a memo be placed in the file stated that wetlands delineation should be performed. Ms. Griffin endorsed the ANR plan with the stipulations. ANR Plan-Clark Street Ms. Griffin informed the Planning Board that the applicant wanted to subdivide the lot into 2 to separate the parking lot from the building. The Planning Board instructed Ms. Griffin to endorse the ANR plan. Ms. Griffin endorsed the ANR plan. Public Hearings: 55 South Bradford Street-Watershed Special Pertrdt Mrs. Chatterjee informed the Planning Board that she would like to put in an in-ground pool and a sport court. Mr. Simons stated that with the comments received from VHB Mrs. Chatterjee's engineer has minor revisions to do on the plans such as showing the wetlands, whether work was being done in the 150' buffer zone. Mrs. Chatterjee's engineer stated that conservation had no issues with the proposal. Ms. Lescarbeau stated that the Planning Board needed to see a complete picture on the plan. Mr. Angles questioned whether they would be connecting to sewer? Mrs. Chatterjee answered yes they would be connecting before the pool goes in. Mr. Angles questioned whether the leaching field would be abandoned? Mr. Chatterjee stated yes. Mr. Simons stated that within the Zoning Bylaw gave the criteria for a submittal within the Watershed District. Mr. Simons also suggested that the engineer meet with Ms. Griffin to go over what is lacking on the plan. Ms. Lescarbeau motioned to CONTINUE the Public Heating for 55 South Bradford Street until July 24, 2001, 2"d by Mr. Rowen, voted 5-0 in favor of the motion. 740 Turnpike Street-Site Plan Special Pemfit Mr. Thomas Laudani informed the Planning Board that the proposal before the Planning Board was identical to the recently approved special permit. The recently approved application was for North Andover Building Corporation, 200 Sutton Street, North Andover that is no longer under agreement with Mr. Laudani to purchase the property. Mr. Landani was requesting a new decision so he could continue to build the car wash. Mr. Laudani informed the Planning Board that a private agreement had been made between himself and an abutter and was willing to put some more restriction into the approval such as no loud music after 7:00 p.m. and additional screening. Mr. Nardella requested that in the new decision a clause be placed stating that the former applicant can no longer proceed with it because they are no longer in control of the property. Ms. Lescarbeau motioned to CLOSE the Public Hearing for 740 Turnpike Street- Site Plan Special Pemfit, 2nd by Mr. Nardella, voted 5-0 in favor of the motion. Ms. Lescarbeau motioned to APPROVE the Site Plan Special Permit for 740 Turnpike Street with the additional restrictions and clause, 2nd by Mr. Rowen, voted 5-0 in favor of the motion. Continued Public Hearings: Delucia Way-Definitive Subdivision Mr. Phil Christiansen engineer for the applicant stated that the house that was to be located on Lot 1 was now going to be turned to face the proposed roadway with the side view on Waverly Road. Mr. Christiansen also stated that a 10' easement would be added to Lot 1 to keep the trees. Mr. Simons questioned the Building Commissioner's interpretation of the parking and does not agree with it. Attorney Mark Johnson stated that the lot with the existing complex was not going to be made more non-conforming because it is now non- conforming because of the use not the dimensions of the lot. Mr. Simons felt that by subdividing the lot it could create a problem later with the parking. Ms. Lescarbeau suggested that the applicant eliminate lot 1 making the subdivision a 5 lot instead of size thereby the existing complex has more room for parking if it should be necessary at a later date. Mr. Christian agreed with combining lots 1 &2 thereby creating lot lA to make the proposal a 5 lot subdivision. Ms. Lescarbeau instructed Ms. Griffin to add to the decision the change in lot amounts and stipulate that the new lot IA could not be subdivided at a later date. Ms. Lescarbeau motioned to CLOSE the Public Heating for Delucia Way Definitive Subdivision, 2nd by Mr. Nardella, voted 5-0 in favor of motion. Ms. Lescarbeau motioned to APPROVE the Definitive Subdivision for Delucia Way as amended, 2na by Mr. Nardella, voted 5-0 in favor of the motion. Discussions: Red Gate Pasture Mr. Simons informed the public that the reason the application had come before the Planning Board after being denied in 1997 was because the court order the Planning Board to do so. At the Planning Board meeting of June 19, 2001 the Public Hearing regarding the project had been closed so no additional comments could be made regarding the plans. Mr. Simons informed the people that if they had concerns regarding procedures after a decision is filed he would be more than happy to answer them. The Planning Board instructed Ms. Griffin to draft a decision for the July 24, 2001 meeting. Thistle Road-Bond Establishment Ms. Griffin informed the Planning Board that DPW was recommend a bond be established for Abbott Village Thistle Road in the amount of $119,450.00. Ms. Lescarbeau motioned to ESTABLISH a bond in the amount of $119,450.00 for Abbott Village Thistle Road, 2nd by Mr. Nardella, voted 5-0 in favor of the motion. Chatham Crossing-Lot Releases The Planning Board endorsed the Lot Release for Chatham Crossing for lots 4, 9, 10& 11. Planning Board Meeting July 24, 2001 APPROVED 8/07/01 Members Present: John Simons, Chairman (7:20 p.m.) Alberto Angles, Vice Chairman Richard Nardella, Clerk (7:25 p.m.) Alison Lescarbeau Richard Rowen Staff Present: Heidi Griffin, Planning Director Jacki Byerley, Planning Assistant The Planning Board Meeting of JUly 24, 2001 was called to order at 7:07 p.m. Minutes: Mr. Rowen motioned to APPROVE the Planning Board minutes of July 10, 2001, 2nd by Ms. Lescarbeau, voted 3-0 in favor of the motion. Discussions: Thistle Road-Abbott Village-Lot Releases Mr~ Ben Osgood explained to the Planning Board that the purpose of two lot release forms was to release the original approved lots 1-44 and to release the lots created through the ANR plan for lots 24B, 47, 48, 49 and 50. Mr. Rowen motioned to RELEASE all lots in the Abbott yillage Subdivision, 2nd by Ms. Lescarbeau, voted 3-0 in favor of the motion. Lawrence Airport-Kingsberrv Building Tech Inc-Site Bond Release: Ms. Griffin informed the Planning Board that a site visit had been performed and an as- built is on file. Ms. Lescarbeau motioned to RELEASE all remaining funds from Lawrence Airport-Kingsberry Building Tech Inc-Site Bond, 2na by Mr. Rowen, voted 3-0 in favor of the motion. Evergre.en Estates-Partial Bond Release Ms. Lescarbeau motioned to RELEASE $31,000.00 leaving a remainder of $14,000.00 from Evergreen Estates, 2nd by Mr. Angles voted 4-0 in favor of the motion. Mr. Simons questioned Ms. Griffin if there were upcoming projects that the board should be aware of. Ms. Lescarbeau stated that she had been in contact with the Town Manager and that Mr. O'Neill the engineer for Foxwood Subdivision would be coming before the Planning Board on August 21, 2001to discuss improvements that could be made without a public hearing. Ms. Lescarbeau stated that Mark Rees wanted a meeting with the abutters before Foxwood was placed on the Planning Board agenda. Ms. Griffin stated that at a previous meeting between the town and the Foxwood developer it was discussed that field changes could be made instead of filing a modification. Mr. Griffin informed the Planning Board that a tour of Wheelabrator should be set to give the Board a chance to see the retrofit. Ms. Lescarbean suggested that concerned citizens be invited to the tour. Ms. Griffin was going to look into a date. Ms. Griffin stated she was currently working on the Community Development Plan, which would require the town to spend $30,000 on Economic Development. Ms. Griffin stated that normally the money would have to been used to create a Master Plan or an Open Space Plan but with the town already having them in place the money needed to be used other places. Mr. Angles stated that he would be willing to help her with the follow through of the money. Mr. Griffin informed the board that she was meeting with Lou Minicucci of Terra Properties LLC who has recently filed a Comprehensive Permit with the ZBA, Robert Nicetta, the ZBA Chairman, and the Town'Manager to discuss possible conditions of an approval. Public Hearings: Turnpike Street lot 4N-Merrimack Building-Site Plan Special Permit Ms. Griffin gave a brief history of the site stating that the site was zoned for Village Residential at which time the applicant filed a comprehensive permit with the ZBA. Mr. Hingorani trustee of One Hundred Fourteen Trust withdrew the comprehensive permit application with the stipulation that the site be rezoned from Village Residential to Business 4. The rezoning passed at May 2000 Town Meeting. Ms. Griffin informed the Planning Board that the applicant had received a variance for parking; the three lots in the rear of the site were to be deeded over to conservation. Mr. Patrick Garner, engineer for the applicant, stated when the applicant had come before the board for informal discussion it was original discussed to place more parking on the three lots that our now designated as conservation land but they would have to cross over wetlands to do so. Conservation Department would not allow the cross over, so the applicant received a variance for the required parking of 223 spaces down to 189. Mr. Nardella questioned if more parking were need later would there be the possible of adding more? Mr. Garner stated that the site was at its maximum now. Mr. Garner informed the board that 100% of the site was to be for office use. Mr. Nardella suggested that the planning board restrict retail use and place a covenant on the property to restrict anything from going in to require more than 223 parking spaces. Mr. Dermot Kelly, traffic engineer for the applicant stated that he would address VHB's comments for the next meeting. Mr. Kelly stated that a comment VHB had made regarding the opening was something that he would like to do but Mass Highway is saying a standard opening should be done. Mr. Kelly was going to try again with Mass Highway using VHB's recommendations. Mr. Nardella questioned the placement of Forestveiw's opening in comparison to the site? Mr. Kelly stated 24 ft. Ms. Lescarbeau wanted to know the site distance? Mr. Kelly stated it was over 550 ft. Mr. Simons wanted to know whether there would be problems with taking a left onto Route 114 from the site? Mr. Simons suggested looking into making a one way out. Mr. Simons asked that the applicant speak with the Fire Chief regarding the 25 ft of paving around the building. Mr. Patrick Garner stated that the front 18 parking spaces would be utilized, as guest parking while the back and underneath the building would be used as employee. Mr. Nardella stated that the Planning Board wasn't overly concerned with the mandating of the parking and that is something they could post on there own. Mr. Nardella questioned whether the parking was for compact cars? Mr. Garner answered they were for full sized cars; there were no compact car spaces. Mr. Garner stated that he would be answering VHB's concerns With handicapped parking. Mr. Simons wanted to know whether there would be problems taking a left from the site onto Route 1147 Mr. Kelly stated that it was considered a level service D with cars queuing 40 cars per hour using a 5-year projection. Ms. Lescarbeau questioned whether the traffic study was conducted with rush hour calculations? Mr. Kelly stated that the study was performed from February 20, 2001 through March 6, 2001 and the total was used based on the average peak hour. Mr. Kelly stated that this was one of VHB's concerns and he would be responding to them. Mr. Jasbir Singh Gandhi, architect for the applicant, informed the Planning Board that the project was a 5 story building with the first level being utilized for parking. The face of the building was to be aiteruating between masonry and siding with a colonial look. Mr. Nardella questioned the roof height? Mr. Gandhi stated 60 feet. Mr. Nardella commented that the Fire Chief should be made aware of the height were it will be the tallest building in North Andover. Mr. Rowen wanted to know what material would be used for the roof? Mr. Gandhi stated it would be a sloping roof with a parapet and the material would be asphalt. Ms. Lescarbeau questioned the noise level of the HVAC's on the roof and whether the parapet wall would hide the mechanicals on the roof?. Ms. Lescarbeau requested that the applicant look into possibly placing the mechanical inside the building for aesthetics and noise reduction. Mr. Simons wanted to know what the lower parking level would look like and where the entrance and egress were? Mr. Gandhi stated that the lower level would be masonry with a possible different shade than the upper levels. The entrance and egress would be from the front of the building and back. Mr. Simons stated that with the sides being open possible placing low walls or fencing to prevent the cars trying to use them. Mr. Simons requested information on the landscaping and lighting plan. Mr. Garner stated that the plan showed what particular light fixture would be used. Mr. Nardella asked what the angle degree would the light be down cast? Mr. Garner stated there would be a 45-degree angle of down cast lighting. Ms. Lescarbeau requested a sample of the light fixture. Mr. Simons questioned the buffering of the building from Route 114 and Berry Street? Mr. Garner stated that the area located by Berry Street was heavily wooded and would be staying that way with the land being deeded to Conservation. Mr. Gamer stated he would look into landscaping the front 18 parking spaces more. Ms. Griffin instructed the applicant to create a more specific landscaping plan. Ms. Griffin asked what the average tree height was at Berry Street? Mr. Gamer stated that they would be able to see the top of the building; it would not be completed buffered. Ms. Lescarbeau instructed the applicant to provide a cross section of Berry Street. Ms. Lescarbeau wanted to know what the drainage would be? Mr. Garner stated that infiltrators are presently proposed. Ms. Griffin stated that VHB was questioning the use of catch basin to catch basin. Mr. Garner said that if it wasn't an issue with Conservation they could change it to manhole to manhole if needed. Ms. Lescarbeau wanted to know what the provisions for snow removal were? Mr. Garner stated that fewer parking spaces were proposed because some areas are designated for the snow. If needed they would have the snow removed from the site. Ms. Lescarbeau questioned whether the dumpster would be large enough to accommodate the building? Mr. Hingorani stated that if the building stayed office use the dumpster would be sufficient with them being picked up twice a week. Ms. Tran a potential abutter to the property wanted to know whether a traffic signal would be placed at the site? Mr. Garner answered that the state is not requiring a traffic signal. Ms. Tran wanted to know what the construction schedule would be? Mr. Garner stated that the start of construction would some time in spring 2002. Mr. Feori an abutter stated his concerns were with the lights, the noise, and the green belt, which the Planning Board are addressing. Mr. Jim asked whether bus service would be provided to the site? Ms. Griffin informed him that before the MVRTA could provide service the offices would need to be staffed to know whether it would be worth the cost of providing bus service. Ms. Griffin instructed the applicant to provide answers to the Planning Board's concerns along with providing a locus map, the building material that will be used and the style of lamp. Ms. Griffin also suggested a site visit to another of the buildings that the applicant owns. Mr. Hingorani requested that the Planning Board continue their hearing until August 21, 2001 to give them more time to answer their concerns. Mr. Rowen motioned to CONTINUE the Public Hearing for Turnpike St/Berry Street-Merrimack Building Site Plan Special Permit until August 21, 2001, 2nd by Mr. Nardella, voted 5-0 in favor of the motion. Continue Public Hearings: 55 South Bradford Street-Watershed Special Permit Mr. Humphrey engineer for the applicant provided new plans to the board with the requested changes. Mr. Simons requested that the applicant look into the construction of the pool and how the back flow could affect the water. Mr. Rowen instructed the engineer to look at the elevation that was showing for the sport court; presently it is showing at a different grade. The Planning Board instructed the applicant to provide the revised plans to Ms. Griffin a week before the next Planning Board meeting. The Planning Board instructed Ms. Griffin to revue a decision made for Grog Maclin of Marbleridge Road for reference when drafting this one. Mr. Nardella motioned to CONTINUE the Public Hearing for 55 South Bradford Street until August 7, 2001, 2nd by Mr. Rowen, voted 5-0 in favor of the motion. Decisions: Red Gate Pasture-Court Remand Mr. Howard Speicher attomey for the applicant questioned 2a of the draft approval drawn up by Ms. Griffin. Mr. Speicher didn't understand what a site opening bond was for. Mr. Nardella informed the attorney that the bond money could be rolled over into the security bond of 5c but the Planning Board was ensuring that the applicant would continue with the work was clearing began. Mr. Speicher requested that the wording be changed to reflect that the site-opening bond will be released upon the posting of the security in 5c. Mr. Rowen motioned to APPROVE the Definitive Subdivision for Redgate Pasture, 2nd by Mr. Nardella; voted 2-3 the motion is defeated. Mr. Speicher accused the Planning Board of leading them down the primrose path. Mr. Speicher stated that the applicant had responded to all of the Coler & Colantonio's concerns with the project. Ms. Lescarbeau stated that she had never given any indication that she was completely satisfied with the project. Mr. Osgood claimed that Ms. Lescarbeau had given no indication of disapproval with the proposal. Mr. Speicher stated that the proposal met all the requirements of the roles and regulations. Mr. Osgood stated that he had a right to develop his land. Mr. Angles stated that the vote had been made and the discussions with the project are over. Mr. Rowen motioned to ADJOURN the Planning Board meeting of July 24, 2001 at 9:20 p.m., 2nd by Mr. Nardella, voted 5-0 in favor of the motion.