Loading...
HomeMy WebLinkAbout1990-01-11The North Andover Planning Board held a special meeting on Thursday afternoon, January ll, 1990, in the Town Hall, Library/Conference Room. The meeting was called to order at 2519 p.m. by the Chairman, George Perna, Jr. Also present were John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. Joel Bard, Town Counsel, Kopelman & Paige was present. A motion was made by John Simons to go into Executive Session to discuss Butcher Boy Litigation. The motion was seconded by Erich Nitzsche. A roll call vote was taken. In favor of the motion were Erich Nitzsche Yea John Simons Yea John Draper Yea George Perna Yea The vote was unanimous of those present. Upon completion of Executive Session the Board will open the meeting to the public. Motion: By Erich Nitzsche to come out of Executive Session. Second: John Draper Vote: The Chairman asked for a roll call vote. Erich Nitzsche - Yea John Simons - Yea John Draper - Yea George Perna - Yea On a unanimous vote the Planning Session at approximately 3:40 p.m. Board came out of Executive Butcher Boy George Perna stated that the Board has reviewed the circumstances and are of the opinion that the items discussed were issues before; lighting, the retaining wall, plantings, landscaping, the mechanicals of the building, plus the detention pond, have to come before the Planning Board for a Special Permit. The Board and the applicants discussed a temporary hook-up to the sewer for the existing building prior to receiving a building permit for the proposed building. The existing septic system to be removed. A condition shall read: Existing building shall be tied into sewer and the existing septic system removed prior to the issuance of a permit to build for any proposed building within this site. Motion: By Erich Nitzsche to direct Town Counsel to settle the case, in accordance with the conditions that were discussed at the last meeting and this meeting for the Butcher Boy Site Plan Review. Second: John Draper Votes Unanimous of those present. The North Andover Planning Board held a regular meeting on Thursday evening, January 18, 1990, in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 8:15 p.m. by the Chairman, George Perna, Jr. Also present were John Simons, Clerk, Erich Nitzsche and John Draper. Jack Graham was absent. Public Hearinqs Johnston Country Store - Site Plan Review John Simons read the legal notice to open the public hearing. Letters were received and read from the Board of Health and the Fire Chief. Christian Huntress, Town Planner, stated that the site has received a variance from the Zoning Board of Appeals for set backs from the lot lines, front, rear and side as well as the size of the lot. Erich Nitzsche asked if the proposed was on a lot of record. Christian Huntress stated that the lot is a lot of record. David Bain, representing Donald Johnston, was present and introduced Peter Richardson of Kaminski & Associate, engineer for the project. The applicant is proposing a wood frame building for a convenient store. Mr. Bain stated that variances were received from the Board of Appeals. The Board of Appeals asked that the applicant go before the Planning Board for Site Plan approval and return to them with the final plan before a building permit would be issued. Mr. Bain further stated that the parking spaces shown on the original plan where for compact cars. The plans have been revised showing parking spaces for full size cars. The applicant has to go back to the Board of Appeals with the revised parking plan. Mr. Bain stated that originally the Board of Appeals denied the application because information that was requested was not presented. The day after the decision was filed a letter was received by the Board of Appeals from Mass. D.P.W., District 5, requesting only one curb-cut. Peter Richardson stated that revised plans have been submitted on the parking area. The original plans showed two entrances. The State did not want two curb-cuts, only one entrance/exit. John Simons stated that the applicant must petition the Planning Board for the reconsideration to go before the Zoning Board of Appeals. The Board discussed the procedures on reconsidering a previously denied application. The applicant must appear before the Planning Board for reconsideration. John Simons read from the Zoning Bylaw, the section relating to reconsideration. A public hearing and notice must be published, Erich Nitzsche asked about drainage. Peter Richardson stated that State catch basins will be used. The Board told the applicant there will be no signs on the building. Mr. Bain told the Board that the proposed would be a convenient store on the lower level. The second floor will be fore the office and living quarters for one of Mr. Johnston sons who will be working in the store. Erich Nitzsche asked who owned the property at this time. Mr. Bain stated that it was in an estate. He further stated that he would provide the Board with a copy of the deed. John Simons asked what the percentage , on the second floor, that would be used for the residency. Erich Nitzsche stated that the basement will only be used for storage. The Board asked Christian Huntress to check and see if the basement is included in the square footage of the building to get the percentage of the living area allowed. Bill Dolan, Fire Chief, spoke on the application before the Board. Access is needed for the rear of the building at least 12 feet. The applicant and the Fire Chief will work together on the access to the rear of the building. George Perna emphasized that the Board does not want to see a strip mall. The Board discussed lighting with no glare. Christian Huntress told the applicant that a dry sewer must be put in to tie into the sewer that is coming down Route 114. George Perna stated that there might be other issues that have to be addressed before coming to the Planning Board for Site Plan Review. Those issues should be addressed by the Zoning Board of Appeals. Christian Huntress stated that along Route 114 the required front setback is 100'. The first 50' shall be landscaped. Erich Nitzsche asked if the applicant has written permission to tie into the State drainage system. Motion: Second~ Vote~ By John Simons to continue the public hearing and direct the Planner to send a letter to the applicant listing the Boards concerns. John Draper Unanimous of those present. Great Pond Road - Special Permit - Watershed District Frederic Horne Motion: Second: Vote: By John Simons to close the public hearing and approve the Special Permit subject to the conditions drafted. Erich Nitzsche Unanimous of those present. Salem Street - Special Permit - Watershed District Olenio Motion, Second, Vote: By John Simons to accept the extension. Erich Nitzsche Unanimous of those present. Discussion Route 114 - Rezoninq - Peter Calkins Peter Calkins, representing the owners of a parcel of land across from the Mass. Electric on Route 114 spoke to the Board on possibilities for rezoning that particular parcel. Mr. Calkins stated that at the present time the zoning of this parcel was Residential-2. There are thirteen acres, of which 5.5 acres are probably buildable. Mr. Calkins told the Board that most of Route 114 has been rezoned for commercial development. His suggestion for this parcel was Village Commercial. The site has a natural buffer zone in the back portion of the property, about 200 feet created by the wetlands. Mr. Calkins stated that a complex of retail stores totally approximately 21,O00 square feet was being reviewed. John Simons said that in the past, this particular area had been brought up for rezoning and the issue of the residential area backing up to the commercial area received many negative comments from the residents in the area. John asked what type of structures would be constructed. Mr. Calkins will provide that information. Erich Nitzsche asked that the North portion of the property be controlled, not built upon, contract zoning. John Simons recommended that Mr. Calkins get the abutters involved in the rezoning process as it woUld help him at Town Meeting. Approval Not Required Form A Plans Peters Street - First Methodist Church The Board requested that an authorized signature be on the application and proof, an affidavit of that authorization, notarized. Motion. Second~ Vote~ By Erich Nitzsche to endorse a Plan of Land in North Andover, prepared for the First Methodist Church, dated December 20, 1989, prepared by Richard F. Kaminski & Associates showing Lot A and Lot B situated on the Northerly intersection of Peters Street and Salem Turnpike. For the record, the Board has accepted a Form A signed by the Church Representative, as owners of the property, Lot A and Lot B and that the Board will get an affidavit stating that we have an authorized signature for the Church and also that this will null and void the Site Plan Special Permit conditionally approved on March 24, 1986 for Forbes Realty Trust as agreed with in their notarized letter of January 17, 1990. -~ John Simons Unanimous of those present. Discussions Hass. ~venue Rezonin~ Christian Huntress, Town Planner, told the Board that the parcel was located next to the Professional Office Park on Mass. Avenue. The owners want to rezone the parcel to General Business. Christian Huntress stated that he and Karen Nelson, Director of Planning & Community Development had discussed the possibility of rezoning to Business-1 or Business-2. john Simons stated that the lot of discussion contains 20,000 sq.ft, and that was the reason for keeping the zoning at residential. Siqn Plans Boston Brook Definitive Subdivision Boston Brook - Special Permit - PRD Erich Nltzsche brought up the drainage easements being on the plans as requested. Christian Huntress gave the Board covenants to review. The Board did not sign the plans. The drainage easements have to be on the plans for recording. Motion, Second: Vote: By Erich Nitzsche to adjourn the meeting. John Simons Unanimous of those present. The Planning Board adjourned at approximately 9:30 p.m. George Perna, Jr., Chairman ~anet L. Eaton, Secretary