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HomeMy WebLinkAbout1991-01-24Th~ North Andover Planning Board held a regular meeting in the North Andover Senior Center on January 24, 1991. The meeting was called to order at 7,45 p.m. by Acting Chairman, John Simons. The following members were also present: Joseph Mahone¥, Richard Nardella. Chairman, George Perna and John Draper were absent. Discussions Edgewood Conservation Restriction Easeaent Christian Huntress, Town Planner, presented the Board with a redraft of the Conservation Restriction Easement for Edgewood Lifecare from Clifford Elias. The Board reviewed the redraft easement. Mr. Huntress specified the changes being: removal of an existing shed in the Watershed District; allowing gardening of specific areas for the residents of the facility. A motion was made by Joseph Mahoney to approve the Conservation Restriction Easement for Edgewood Lifecare as modified. The motion was seconded by Richard Nardella and voted unanimously by those present. Approval Not Required Form A Plans Great Pond Road - Nleburqer Christian Huntress, Town Planner explained to the Board that the applicant has received a variance from the Zoning Board of Appeals for setback from a side lot line to allow the proposed house to be closer than 30' Mr. Edward Nieburger was present and gave a brief explanation of the proposed location for the house and drive. Mr. Huntress further stated that the applicant will be before the Board for two special permits, one for construction in the Watershed and the second for a common driveway. A motion was made by Richard Nardella to approve the plan as presented. The motion was seconded by Joseph Mahoney and voted unanimously by those present. requesting a bond Division of Public Shannon Lane. Bond Releases Shannon Lane Joseph Mahone¥ read a letter from Coolidge Construction Company release. A letter was also read from the Works recommending a release of $4,OOO on A motion was made by Richard Nardella to release $4,000 as recommended by the Division of Public Works. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Francis Estates - North Cross Road Florence Estates - South Cross Road Christian Huntress, Town Planner, stated that the applicant has not submitted all of the paperwork for Francis Estates - North Cross. No action was taken. On Florence Estates - South Cross the applicant posted a bond in the amount of $48,000 as recommended by the Division of Public Works and was requesting lot releases. Members of the Board expressed concerns with bonding procedures, types of bonds accepted and the availability of funds. A motion was made by Joseph Mahoney to accept the bond on Florence Estates - South Cross Road. The motion was seconded by Richard Nardella and voted unanimously by those present. Tiffany Lane - Jeffrey Place Siqn Proper Forms Christian Huntress, Town Planner, stated that the Board was in receipt of a certified bank check in the amount of $71,000 for Jeffrey Place - Tiffany Lane. The proper paperwork was not presented at that time. The Board reviewed the paperwork before them and asked that the applicant sign in the proper place and that the signatures be notarized. Public Hearinqs Dimensional Requirements - Village Commercial District Amendinq Table 2 and Addinq Footnote 17 Christian Huntress, Town Planner, reminded the Board that they had requested that an effort be made in determining the minimum lot size in the Village Commercial Zoning District. Christian Huntress gave the Board copies of the Dimensional Requirements as proposed. He further stated that the changes before the Board were to bring in line the Village Commercial, as was the original intent. Staff recommends that the lot size be a minimum of 90,000 sq.ft, not 130,OO sq.ft. John Simons asked that footnote 17B be clarified and that in no instance shall there be any structure closer than 25' from an adjacent Residential District. Footnote 17B to read~ "When adjacent to a Residential District, the minimum setback shall be 40', with the first 25' remaining as an effective visual buffer. The Planning Board may allow the minimum setback adjacent to a Residential District to be reduced to 25' provided that the maximum height of the proposed structure be 25' not to exceed one (1) story. Further, for every i foot that the structure is moved closer than 40' to the Residential Property Line the maximum allowed height of the structure shall be reduced by 1 foot. (See Diagram). In no instance shall a structure be closer than 25' to a side or rear setback. No parking shall be allowed with the side or rear within the side or rear setback. Any roadway or drives within those setbacks shall be as necessary for access only.." A motion was made by Joseph Mahoney to recommend favorable action with the amendments discussed, to be made on the floor of Town Meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. Christian Huntress, Town Planner, stated that he was comfortable with the size of the required area in the Village Commercial District but did not want to see further rezoning to Village Commercial along Route 114 unless the minimum area required were increased. Originally, the three acres proposed was for any further development and rezoning along Route 114. Lowering the minimum acres required below three acres, at present, is suitable for that which is already zoned Village Commercial. Any additional rezoning to Village Commercial would necessitate the increase in the minimum area required. At the present time the VC District is centralized. The Board was in agreement, that any further expansion of the VC District would not be favorable unless the minimum area required was increased. This would be getting away from the original intent of the district. Warrant Articles - Planning Board Section 8.4 - Screening;Landscaping - VC Section 8.1{13) - Off-Street Parking - VC Christian Huntress, Town Planner, gave the Board copies of the draft amendments and went over basically what the amend does, Recommended material to be used within the buffer zone. Made it possible to have up to 50 parking spaces in front along Route 114 if screening and landscaping were done properly. Allows for more of a cluster type development and gives more discretion to the Planning Board. Richard Nardella expressed concerns with the possibility of a hodge-podge affect. Joseph Mahoney expressed concerns with the wording, specifically "Recommended Guidelines" He asked that the words be stricken. A motion was made by Joseph Mahoney to reconsider the previous motion. The motion was seconded by Richard Nardella and voted unanimously by those present. Another motion was made by Richard Nardella to close the public hearing on the amendment of Table 2, Dimensional Requirements. The motion was seconded by Joseph Mahoney and voted unanimously by those present. John Simons asked for a motion to close the public hearing on Section 8.4, Screening/Landscaping. The motion was so moved by Richard Nardella and seconded by Joseph Mahoney. The vote was unanimous by those present. John Simons asked for a motion to close the public hearing on Section 8.1(13), Off-Street Parking. A motion was so moved by Richard Nardella and seconded by Joseph Mahoney. The vote was unanimous by those present. The Acting Chairman then asked for favorable recommendations on the three articles before them with amendments. John Simons asked Christian Huntress, Town Planner, to go over those amendments~ Table 2: 1. 2. 3. 4. the minimum lot size, currently 130,O00 sq.ft, be written at 90,000 sq.ft. footnote 17(B) be rewritten for clarification purposes. "Recommended Guidelines" will be eliminated. Item B to be re-ordered so that it is a sliding scale from the 40 ft line down to the 25 ft line. A motion was made by Richard Nardella to recommend favorable action on Table 2 subject to the amendments made. the motion was seconded by Joseph Mahoney and voted unanimous by those present. On Section 8.4, Screening/Landscaping, the amendments were~ "Recommended Guidelines" to be eliminated paragraph D. to be removed A motion was made by Richard Nardella to recommend favorable action on Section 8.4, Screening/Landscaping subject to the amendments made. The motion was seconded by Joseph Mahoney and voted unanimously by those present. On Section 8.1(13), Off-Street Parking, the following amendment was made~ 1. "Recommended Guideline" to be removed. A motion was made by Richard Nardella to recommend favorable action on Section 8.1(13), Off-Street Parking subject to the amendment. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Warrant Article - Planning-Conservation-Health Replace Section 4.135 - Watershed Protection District Christian Huntress, Town Planner, stated that at the last meeting the Board had requested one change with regard to the permanent structures not be controlled within the non-discharge zone, that they be under review in the non-disturbance zone. Christian Huntress read from the Zoning Bylaw, what is presently in effect. John Simons, trying to clarify what the Bylaw says, stated that any thing within 250 ft. has to go for a Special Permit, further that any new building within 250 ft. is by variance from the Zoning Board of Appeals and a Special Permit from the Planning Board. Christian Huntress read a letter from Richard Doucette, Conservation Administrator. After reviewing the proposed Watershed District Bylaw, John Simons stated that under 5B2 the word "new" should be added before "Permanent structure" Also under 5A3, the wording was awkward, 5A3 should read "Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals." Adding 5A4, to read "Replacement of any permanent structure", with the existing 5A4 becoming 5A5 and 5A5 becoming 5A$ respectively. A motion was made by Joseph Hahoney to close the public hearing on the Watershed District Warrant Article. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Hahoney to recommend favorable action on the Watershed Protection District Zoning, as amended during discussions. The motion was seconded by Richard Nardella and voted unanimously by those present. Warrant Articles - Petition of Redman & Others The Board had asked staff to review the site and the extent of wetlands located thereon. Christian Huntress, Town Planner stated that he had discussions with the Conservation Commissioner, Richard Doucette and that the wetlands do make up a large portion of the site but that they appear not to have changed since the last review, two years ago. Christian Huntress expressed his concerns with 12 units per acre in that area being too high and that it should remain at 9 units per acre. Owners of some of the parcels stated that at 9 units per acre, was no marketable. John Simons expressed his concern with regard to the residents coming back to Town Meeting after the Board had worked cooperatively toward a rezoning and creation of the Residential 6 District in the Spring of 1989. William Callahan, Jr., 234 Hillside Road, asked that Board what the original concept was for the Residential-6 District. A lengthy discussion took place on the original intent of the Residential-6 District. The possibility of some home occupations were discussed. A motion was made by Joseph Mahoney to close the public hearing. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Hahoney to recommend unfavorable action on this article. The motion was seconded by Richard Nardella and voted unanimously by those present. Whippoorwill - Definitive Subdivision Christian Huntress stated that he has spoken to Richard Doucette, Conservation Administrator, and that the wetlands are jurisdictional, reversing their original decision. This has required the applicant to re-draft the location of the roadway in an effort to avoid additional wetland filling. Christian Huntress presented the Board an extension from the applicants engineer, Thomas Neve, for the time in which the Planning Board has to act. The extension of time is to February 28, 1991. A motion was made by Joseph Mahoney to accept the extension. The motion was seconded by Richard Nardella and voted unanimously by those present. Lot Release South Cross Road Christian Huntress stated that he was in receipt of a Form J, Lot Release for Lots 1, 2, 4, and 5. The bond is in place. A motion was made by Joseph Mahoney to sign the Form J, releasing Lots 1, 2, 4, and 5. The motion was seconded by Richard Nardella and voted unanimously by those present. Lot 9 Dale Street This item was tabled, as John Simons is an abutter to Lot 9, and there were only two other members present. A motion was made by Joseph Mahoney to adjourn the meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. The meeting adjourned at approximately 9,45 p.m. The North Andover Planning Board held a regular meeting in the North Andover Senior Center on January 24, 1991. The meeting was called to order at 7~45 p.m. by Acting Chairman, John Simons. The following members were also present~ Joseph Mahoney, Richard Nardella. Chairman, George Perna and John Draper were absent. Discussions Edqewood Conservation Restriction Easement Christian Huntress, Town Planner, presented the Board with a redraft of the Conservation Restriction Easement'for Edgewood Lifecare from Clifford Elias. The Board reviewed the redraft easement. Mr. Huntress specified the changes being~ removal of an existing shed in the Watershed District; allowing gardening of specific areas for the residents of the facility. A motion was made by Joseph Mahoney to approve the Conservation Restriction Easement for Edgewood Lifecare as modified. The motion was seconded by Richard Nardella and voted unanimously by those present. Approval Not Required Form A Plans Great Pond Road - Nieburger Christian Huntress, Town Planner explained to the Board that the applicant has received a variance from the Zoning Board of Appeals for setback from a side lot line to allow the proposed house to be closer than 30'. Mr. Edward Nieburger was present and gave a brief explanation of the proposed location for the house and drive· Mr. Huntress further stated that the applicant will be before the Board for two special permits, one for construction in the Watershed and the second for a common driveway. A motion was made by Richard Nardella to approve the plan as presented. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Bond Releases Shannon Lane Joseph Mahoney read a letter from Coolidge Construction Company requesting a bond release. A letter was also read from the Division of Public Works recommending a release of $4,000 on Shannon Lane. A motion was made by Richard Nardella to release $4,000 as recommended by the Division of Public Works· The motion was seconded by Joseph Mahone¥ and voted unanimously by those present. Francis Estates - North Cross Road Florence Estates - South Cross Road Christian Huntress, Town Planner, stated that the applicant has not submitted all of the paperwork for Francis Estates - North Cross. No action was taken. On Florence Estates - South Cross th~ applicant posted a bond in the amount of $48,000 as recommended by the Division of Public Works and was requesting lot releases. Members of the Board expressed concerns with bonding procedures, types of bonds accepted and the availability of funds. A motion was made by Joseph Mahoney to accept the bond on Florence Estates - South Cross Road. The motion was seconded by Richard Nardella and voted unanimously by those present. Tiffanv Lane -Jeffrev Place Siqn Proper Forms Christian Huntress, Town Planner, stated that the Board was in receipt of a certified bank check in the amount of $71,OOO for Jeffrey Place - Tiffany Lane. The proper paperwork was not presented at that time. The Board reviewed the paperwork before them and asked that the applicant sign in the proper place and that the signatures be notarized. Public Hearings Dimensional Requirements - Village Commercial District Amending Table 2 and Adding Footnote 17 Christian Huntress, Town Planner, reminded the Board that they had requested that an effort be made in determining the minimum lot size in the Village Commercial Zoning District. Christian Huntress gave the Board copies of the Dimensional Requirements as proposed. He further stated that the changes before the Board were to bring in line the Village Commercial, as was the original intent. Staff recommends that the lot size be a minimum of 90,000 sq.ft, not 130,00 sq.ft. John Simons asked that footnote 17B be clarified and that in no instance shall there be any structure closer than 25' from an adjacent Residential District. Footnote 17B to read~ "When adjacent to a Residential District, the minimum setback shall be 40', with the first 25' remaining as an effective visual buffer. The Planning Board may allow the minimum setback adjacent to a Residential District to be reduced to 25' provided that the maximum height of the proposed structure be 25' not to exceed one story. Further, for every i foot that the structure is moved closer than 40' to the Residential Property Line the maximum allowed height of the structure shall be reduced by I foot. (See Diagram). In no instance shall a structure be closer than 25' to a side or rear setback. No parking shall be allowed with the side or rear within the side or rear setback. Any roadway or drives within those setbacks shall be as necessary for access only.." A motion was made by Joseph Mahoney to recommend favorable action with the amendments discussed, to be made on the floor of Town Meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. Christian Huntress, Town Planner, stated that he was comfortable with the size of the required area in the Village Commercial District but did not want to see further rezoning to Village Commercial along Route 114 unless the minimum area required were increased. Originally, the three acres proposed was for any further development and rezoning along Route 114. Lowering the minimum acres required below three acres, at present, is suitable for that which is already zoned Village Commercial. Any additional rezoning to Village Commercial would necessitate the increase in the minimum area required. At the present time the VC District is centralized. The Board was in agreement, that any further expansion of the VC District would not be favorable unless the minimum area required was increased. This would be getting away from the original intent of the district. Warrant Articles - Planning Board Section 8.4 - Screening/Landscapinq - Vt Section 8.1(13} - Off-Street Parking - VC Christian Huntress, Town Planner, gave the Board copies of the draft amendments and went over basically what the amend does~ Recommended material to be used within the buffer zone. Made it possible to have up to 50 parking spaces in front along Route 114 if screening and landscaping were done properly. Allows for more of a cluster type development and gives more discretion to the Planning Board. Richard Nardella expressed concerns with the possibility of a hodge-podge affect. Joseph Mahoney expressed concerns with the wording, specifically "Recommended Guidelines". He asked that the words be stricken. A motion was made by Joseph Mahoney to reconsider the previous motion. The motion was seconded by Richard Nardella and voted unanimously by those present. Another motion was made by Richard Nardella to close the public hearing on the amendment of Table 2, Dimensional Requirements. The motion was seconded by Joseph Mahoney and voted unanimously by those present. John Simons asked for a motion to close the public hearing on Section 8.4, Screening/Landscaping. The motion was so moved by Richard Nardella and seconded by Joseph Mahoney. The vote was unanimous by those present. John Simons asked for a motion to close the public hearing on Section 8.1(13), Off-Street Parking. A motion was so moved by Richard Nardella and seconded by Joseph Hahoney. The vote was unanimous by those present. The Acting Chairman then asked for favorable recommendations on the three articles before them with amendments. John Simons asked Christian Huntress, Town Planner, to go over those amendments~ Table 2~ the minimum lot size, currently 130,0OO sq.ft, be written at 90,000 sq.ft. footnote 17(B) be rewritten for clarificati°n purposes. "Recommended Guidelines" will be eliminated. Item B to be re-ordered so that it is a sliding scale from the 40 ft line down to the 25 ft line. A motion was made by Richard Nardella to recommend favorable action on Table 2 subject to the amendments made. the motion was seconded by Joseph Mahoney and voted unanimous by those present. On Section 8.4, Screening/Landscaping, the amendments were~ 1. "Recommended Guidelines" to be eliminated 1. paragraph D. to be removed A motion was made by Richard Nardella to recommend favorable action on Section 8.4, Screening/Landscaping subject to the amendments made. The motion was seconded by Joseph Mahoney and voted unanimously by those present· On Section 8.1(13), Off-Street Parking, the following amendment was made= 1. "Recommended Guideline" to be removed. A motion was made by Richard Nardella to recommend favorable action on Section 8.1(13), Off-Street Parking subject to the amendment. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Warrant Article - pl~nn~ng-Conmervation-Health Replace Section 4.135 - Watershed Protection District Christian Huntress, Town Planner, stated that at the last meeting the Board had requested one change with regard to the permanent structures not be controlled within the non-discharge zone, that they be under review in the non-disturbance zone. ChriStian Huntress read from the Zoning Bylaw, what is presently in effect. John Simons, trying to clarify what the Bylaw says, stated that any thing within 250 ft. has to go for a Special Permit, further that any new building within 250 ft. is by variance from the Zoning Board of Appeals and a Special Permit from the Planning Board. Christian Huntress read a letter from Richard Doucette, Conservation Administrator. After reviewing the proposed Watershed District Bylaw, John Simons stated that under 5B2 the word "new" should be added before "Permanent structure" Also under 5A3, the wording was awkward, 5A3 should read 'Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals." Adding 5A¢, to read "Replacement of any permanent structure", with the existing 5A4 becoming 5A5 and 5A5 becoming 5A6 respectively. A motion was made by Joseph Mahoney to close the public hearing on the Watershed District Warrant Article. The motion was seconded by Richard Nardella and voted unanimously by %hose present. A motion was made by Joseph Mahoney to recommend favorable action on the Watershed Protection District Zoning, as amended during discussions. The motion was seconded by Richard Nardella and voted unanimously by those present. Warrant Articles - Petition of Redman & Others The Board had asked staff to review the site and the extent of wetlands located thereon. Christian Huntress, Town Planner stated that he had discussions with the Conservation Commissioner, Richard Doucette and that the wetlands do make up a large portion of the site but that they appear not to have changed since the last review, two years ago. Christian Huntress expressed his concerns with 12 units per acre in that area being too high and that it should remain at 9 units per acre. Owners of some of the parcels stated that at 9 units per acre, was no marketable. John Simons expressed his concern with regard to the residents coming back to Town Meeting after the Board had worked cooperatively toward a rezoning and creation of the Residential 6 District in the Spring of 1989. William Callahan, Jr., 234 Hillside Road, asked that Board what the original concept was for the Residential-6 District. A lengthy discussion took place on the original intent of the Residential-6 District. The possibility of some home occupations were discussed. A motion was made by Joseph Mahoney to close the public hearing. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Mahoney to recommend unfavorable action on this article. The motion was seconded by Richard Nardella and voted unanimously by those present. Whi~oorwill - Definitive Subdivision Christian Huntress stated that he has spoken to Richard Doucette, Conservation Administrator, and that the wetlands are jurisdictional, reversing their original decision. This has required the applicant to re-draft the location of the roadway in an effort to avoid additional wetland filling. Christian Huntress presented the Board an extension from the applicants engineer, Thomas Neve, for the time in which the Planning Board has to act. The extension of time is to February 28, 1991. A motion was made by Joseph Mahoney to accept the extension. The motion was seconded by Richard Nardella and voted unanimously by those present. Lot Release South Cross Road Christian Huntress stated that he was in receipt of a Form J, Lot Release for Lots 1, 2, 4, and 5. The bond is in place. A motion was made by Joseph Hahoney to sign the Form J, releasing Lots 1, 2, 4, and 5. The motion was seconded by Richard Nardella and voted unanimously by those present. Lot 9 Dale Street This item was tabled, as John Simons is an abutter to Lot 9, and there were only two other members present. A motion was made by Joseph Mahone¥ to adjourn the meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. The meeting adjourned at approximately 9~45 p.m. John Simons, Acting Chairman ~t L. Eaton, Secret y