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HomeMy WebLinkAbout2015-03-03 Planning Board Minutes �.� Town of North Andover ;J PLANNING BOARD pORTij q Jo1lnSintons, Chairman 3�°���``.' „6,6�ooL David Kellogg Lynne Rudnicki o . p Lora McSherry Michael Colantoni Peter Boynton ��sSACHUs���y Tuesday March 3, 2015 @ 7 p.m. Town Hall,120 Main Street,North Andover,MA 01845 1 Present: J. Simons,M. Colantoni,L.Rudnicki,D.Kellogg,Peter Boynton 2 Absent: L.McSher rY 3 Staff Present: Jean Enright,Bonnie Wolstromer 4 5 J. Simons, Chairman: The planning board meeting for Tuesday,March 3,2015 was called to order at 7 p.m. 6 7 ANR: 8 16 Berry Street: This is an ANR application for a lot line modification, deeding two parcels back to the Town of 9 North Andover for the realignment of Berry Street as described in the Comprehensive Permit granted in 2014 for 10 Riding Academy Preserve. 11 J.Enright: This ANR is associated with the 40B comprehensive special permit that was issued recently for 16 12 Berry Street. Eric Loth,of NA Holdings,will present the site plan. 13 E. Loth,Applicant: Currently there are two issues regarding the entrance onto Berry Street off of Route 114, 14 which originated as a very narrow.cow path.The existing forty five degree angle does not allow for vehicles to 15 decelerate as they enter Berry Street off Route 114. As part of the comprehensive permit and-feedback from the 16 neighbors,Town engineer and Mass DOT,they would like to see the intersection of 114 and Berry Street 17 improved to become a 90 degree intersection. We have also agreed to address the blind curve,further down Berry 18 Street. We would like to straighten that.curve as part of this effort. We have therefore agreed-to make the 19 intersection of Route 114 a 90 degree turn and deed two pieces of our land back to the town so the roadway will be 20 within the town's ownership. (Parcels X and Parcels Al-A5) 21 .-J:`Simons: Expressed,concern that the plan is showing multiple, subdivided lots which need to be eliminated for 22 clarification. We need to see the before and after lot lines. Sated that it is unclear as to what the Board is being 23 asked to sign off on. Suggested that this application should be withdrawn without prejudice and that a plan that 24 eliminates the individual-lots and highlights.the,two lots be resubmitted. 25 E.Loth: Agreed to the approach suggested by the Board. 26 MOTION:A motion was made by David Kellogg to allot the withdrawal of the ANR application for 16 Berry 27 Street without prejudice. Michael Colantoni seconded the motion. The vote was 5-0,unanimous in favor. 28 29 PUBLIC HEARINGS 30 CONTINUED: 1046 Great Pond Road"Rudick Estates": Application for Definitive Subdivision to divide one lot 31 into three lots,relocate one existing home on-site and remove one structure 32 D.Kellog:Read a letter dated March 2,,2015 from John T. Smolak into the record. The letter requested that the 33 Board continue the pending Definitive Subdivision hearing and requesting the Board to open the Watershed 34 Special Permit hearing and to immediately continue the same without taking testimony. 35 John Smolak,Representingthe he applicant: We hope to have the Definitive Subdivision for Rudick Estates ready 36 for discussion at the next meeting. 37 NEW WSP: 1046 Great Pond Road"Rudick Estates" : Application for a new Watershed Special Permit for 38 construction of a new storm water management system-designed to capture and treat storm water originating from 39 Great Pond Road - 40 J. Simons: We have officially opened the Watershed Special permit without testimony. If there is any delay we 41 can obtain a further extension. 42 43 44 Page 1 of 5 March 3, 2015 Town of North Andover PLANNING BOARD OORTy John Simons, Chairman a°��;`g� ;°'by°o David Kellogg Lynne Rudnicki ' - Lora McSherry Michael Colantoni Peter Boynton 7 DRATeD I.PP �y 4SS�9CH►15�S TuesdayMarch 3 2015 7 .m. Town Hall 120 Main Street North Andover MA 01845 � G P 45 DISCUSSIONS: 46 Former Bradstreet School: The applicant,Bradstreet Partners,LLC, is here to discuss potential modifications they 47 may like to make to the recently approved Special Permit. 48 M. Yanowitz: We received the Special Permit on this project last month and we publicly stated the interest in 49 dividing the parcel into two phases and also we had the intention of doing an ANR for the residential and 50 commercial portions.There are presently two buildings on one parcel of land. Explained they were working off of 51 two professional surveys done on the property that both showed an R4 separation from the GB zone. The 52 residential building was placed in the R4 and commercial building in the GB zone. We are close to finalizing our 53 financing on the residential building(rental apartments-intended to be held by Bradstreet Partners) and we are 54 marketing the commercial building as commercial condos and commercial leases. The separation of the buildings 55 and lots assists us with our financing goals. It makes it simpler to finance them separately and we are building 56 them separately. We recently discovered that the surveyor's plans were incorrect. The entire parcel has since been 57 rezoned as a General Business zone in the Downtown Overlay District. It became difficult setting up two separate 58 zones because now we are short on frontage by approximately 6ft. It is an irregular shaped lot. We have over 50K 59 sq. and the minimum requirement is 25K. The original plan has not changed from what was presented and 60 approved by the Selectmen. Ideally,we would like to subdivide the parcels. Reviewing the DTO district the 61 Planning Board has the right to grant waivers Inn Section 18.7 and we are wondering what the possibilities are. 62 J. Simons: I understand with what you are trying to do, it could potentially be a cleaner conveyance; however,you. . 63 are creating a self-created zoning variance by splitting the lot into two parcels. It doesn't make sense why you 64 would want to create a zoning violation on your own. One single parcel is simpler and shouldn't pose any 65 problem. The condition is common, occurring at several areas in town-multiple buildings on a single parcel. We 66 didn't carve that project into two separate lots. It is not understood why this creates a huge problem. It is the norm 67 on a large commercial project. 68 L.Rudnicki:Do you intend to move the driveway? 69 M.Yanowitz: We have a verbal agreement to combine the two driveway entrances off of Main St.It is premature 70 at this point to bring this before the Board. It is a minor revision encouraged b the Downtown Overlay-turning p g g Y Y g 71 two adjacent entry points off Main Street into one. 72 L. Rudnicki: We also mentioned the preference for a sidewalk from the rear lot for the residential units to have 73 straight access to Main Street. Will this been provided? 74 M.Yanowitz: We may lose up to four parking spaces if we do that. We can certainly study that further. 75 L.Rudnicki: Do you have the necessary setbacks from the commercial property to the residential property that you 76 would need to subdivide the lot? In the DTO, commercial lots require a fence and 5 ft.barrier of screening? You 77 wouldn't have that and you would be creating a need for more waivers. 78 J. Simons: It is considered one property. Why you would want to carve it up? The problem is you create a lot that 79 is too small. You can't create a zoning violation. 80 M.Yanowitz: We have over 50K in lot area. We can move the line and create 25k on each lot. It is an irregular 81 shaped lot. 82 J. Simons: You don't have the frontage. It is a self-inflicted hardship. It is not an irregular shaped lot. It is as 83 close to rectangular as can be. 84 J.Enright: The application was submitted with a lot size of 49K sq. ft. and the special permit says approx.49K 85 although the assessor card has 1.15 acres. The application is for one lot within General Business and within the 86 Downtown Overlay.The plan has General Business noted. 87 M.Yanowitz: Our plans say General Business and Resident 4 district on the table. An R4 zone requires a 100 ft. 88 lot width. Page 2 of 5 March 3, 2015 e_ G Town of North Andover z PLANNING BOARD R OORTFt John Simons, Chairmaneo6,ba°0 David Kellogg Lynne Rudnicki Lora McSherry Michael Colantoni Peter Boynton y~ TEO �9SS ac►+us��y Tuesday March 3,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845 89 L.Rudnicki: Do you have your setback requirements for each lot,parking requirements for each individual lot? 90 There is more than one variance for frontage.A commercial property abutting a residential property requires 91 different setbacks. There are border and screening requirements. If it's one lot you can do it under the same 92 ownership,but you can't do this if it's more than one lot and owner? 93 J. Simons: You are only trying to do this for conveyance purposes? 94 M.Yanowitz: It's for financing as well as for the structure of doing commercial condominiums. 95 L Rudnicki:Your financing is not in place yet? You are selling the commercial off to other ownership? 96 M.Yanowitz: We have the financing in place for the residential. We are marketing the commercial side. 97 J. Simons: If you condo it you,regardless of whether the lot is smaller or larger,you are still going to have 98 fundamentally the same condominium structure. 99 M.Yanowitz: We are not changing anything with the plan. 100 L.Rudnicki: That is the problem,you have to. The condo owners are not going to let the residential park on their 101 property.. 102 M.Yanowitz: You can do that with cross easements. 103 J. Simons: This is not what was proposed to us. You are creating a zoning violation for something that doesn't 104 need to get changed. From a financing perspective you should be able to figure out a way around that. 1.05 M.Yanowitz: The intent of this exercise was to have the discussion.This needs further review. 106 J. Simons: From what we.have.seen thus far,this is problematic from a Planning point:of view. 107 J Enright:How would the Planning Board advise the applicant to proceed? -108 J. Simons: I suggest a modification to the Site Plan Review. It's almost like a completely new hearing,notice to . :109 neighbors, etc. 110 111 Downtown Overlay.District—Sub district A: Historic Mill Area: 112 J.Enright: Presented the draft of the proposed Warrant article.We have been fine tuning the language addressing . 113 concerns such as height and scale transitions from residential to mill buildings and vice versa.We specifically 114 worked on the heights of buildings. 115 L.Rudnicki: Specifying building heights is our main concern. Explained the proposed varying height limits 116 across the parcels. We discussed the Converse building which is approx. 65-70 ft. in height and our concern is 117that we don't want a 70 foot building near the residential units on High Street or on the corner of Walker Road. 118 New language has been proposed that works. Setbacks to Sutton Pond were also reviewed. Sutton Pond condos 119 have a row of arborvitaes, chain link fence and parking along that side. There is enough of a buffer for the 120 standard setbacks on that side of the property.Expressed concerned about the power lines that go to Sutton Street. 121 Felt those should be moved. 122 S.Zeren,RCG: We are discussing these with National Grid now.There is a lot of history with regard to various 123 easements in and title to the area. 124 J. Simons: I know this is a constraint. Obviously it's above and beyond the zoning,but we need to work together 125 on this. Bring us into the mix if you run into a problem. 126 D. Steinbergh,RCG: There are a number of easements besides the power lines. The power lines are in a certain 127 kind of easement that also requires them to be undergrounded at some point. Some are outside of the easement 128 they are originally supposed to be in. We will establish disposition of these lines and develop direction toward 129 undergrounding these lines,align sewer easements, etc. We would like to sort it out independent of the zoning and 130 will hope to get support from the town to deal with these issues. 131 L.Rudnicki: We also included language to protect the residences in the Design Guidelines.As buildings get closer 132 to the residential area we are expecting them to step down in height. Page 3 of March 3, 2015 r, Town of North Andover PLANNING BOARD t%0RTF! John Simons, Chairman David Kellogg Lynne Rudnicki o — p Lora McSherry Michael Colantoni Z a Peter Boynton A0.—L-. 7� DRATPD SSgCHU�� Tuesday March 3, 2015 @ 7p.m. Town Hall,120 Main Street,North Andover,MA 01845 133 L.Rudnicki: Town Council needs to review this and fine tune a couple of minor points. 134 J. Simons: Is there a placeholder in the warrant? Do we have the appropriate map(s)? 135 J.Enright: If the Board approves this draft it will be submitted as a placeholder. I have drafts for two map articles. 136 As discussed previously, some parcels that were previously in the Downtown Overlay on the Zoning Map have 137 dropped off the map. I have included the original Downtown Overlay map from the 2009 Town Meeting in the 138 Board's packet and highlighted the parcels that are no longer hatched or shown in the Downtown Overlay. These 139 need to be corrected. 140 J. Simons: Was the 2009 version correct and approved at Town Meeting? 141 J.Enright: Yes; however, since then these parcels-are no longer identified on the map as within the DTO. In 2013 142 the Zoning Map was completely re-codified. 143 J. Simons: So,there are three articles. Put in as a Warrant placeholder and send to Town Council. 144 . L Rudnicki: Four articles,because we have to rescind the temporary waiver provisions in the Downtown Overlay. 145 J. Enright: I have included deleting those waiver provisions and incorporated everything in one article. 146 J.Enright: Do you want direct abutters notified of the zoning public hearing? 147 J. Simons: There is no harm in transparency.A regular mailing is fine. Check to see if there are any statutory 148 requirements. 149 J.Enriht: The legal zoning notice will be publicized in the paper on March 24 and March 31,with a public g 150 hearing on April 7. This allows for 3 meetings prior to Town Meeting. 151 D.Kellogg: Raised concern about traffic flow around Elm and High streets and Prescott Street. 152 D. Steinbergh: The town is working on some improvements along Elm and High streets. We intend to address 153 street improvements and alignments and pedestrian flow in our master plan. 154 155 Osgood Hill: Forest Management Plan 156 J.Enright: Described a proposed Forest Management Plan approved for Osgood Hill. Conservation received a 157 grant for this proposal.The work is not within 400' of the lake; however, it is in the non-discharge zone because it 158 is within 350' of a wetland. Jen Hughes, Conservation Administrator,wanted to make the Board aware this 159 project and wanted to know if a waiver was necessary. They would like to begin the work by the end of the 160 month. 161 Board: The Board did not feel a waiver was necessary. 162 163 MINUTES APPROVAL 164 MOTION: L.Rudnicki motioned to approve the February 17,2015 meeting minutes.Motion seconded by David 165 Kellogg. The vote was 5-0,unanimous in favor. 166 167 ADJOURNMENT 168 MOTION: D.Kellogg motioned to adjourn the meeting. The motion was seconded by L. Rudnicki. The vote was 169 5-0,unanimous in favor.Meeting adjourned @ 8:00 p.m. 170 171 172 MEETING MATERIALS: 173 Meeting Agenda 3.3.15;DRAFT Meeting Minutes 2.17.15; 16 Berry St.: Site Plan,Form A Application 16 Berry 174 Street; 1046 GPR Definitive Subdivision: 1046 GPR Continuance Request 3.3.15, 1046 GPR G.Willis easement 175 requirement, 1046 GPR Rudick Estates Definitive Subdivision, 150303 1046 GPR Definitive Subdivision; 1046 176 GPR WSP: 1046 GPR WSP Manhole detail, 1046 GPR WSP sheet 1, 1046 GPR WSP sheet 2, 1046 GPR WSP Page 4 of 5 March 3, 2015 i Town of North Andover PLANNING BOARD NORTy John Simons, Chairman David Kellogg Lynne Rudnicki Lora McSherry Michael Colantoni Peter Boynton � a e 7 SSRCHU`�� Tuesday March 3,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845 177 sheet 3, 1046 GPR WSP sheet 4, 1046 GPR WSP DRAFT;Bradstreet School: Bradstreet School Notice of 178 Decision SPR,Bradstreet School final plans 2014.12.29-2384C set;Downtown Overlay: DTO 150303 Section 18 179 Downtown Overlay District,DTO Map Corrections,DTO Sub district A, DTO Subdistrict A locus,DTO Sub A 180 Summary Slides; Osgood Hill: Osgood Hill Forest Cutting Plan, Osgood Hill J.Hughes Memo, Osgood Hill 181 Locus,Osgood Hill Forest Management Plan 2013. 182 183 184 185 186 187 188 189 190 191 192 193 194 195 ... 196 197 198 199 200 201 202 203 204 205 206 207 Page 5 of 5 March 3, 2015