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HomeMy WebLinkAbout1990-04-12The North Andover Planning Board held a Special Meeting on Warrant Articles for Town Meeting 1990 on April 12, 1990, in the North Andover Middle School Library. The meeting was called to order at 7:10 p.m. by the Chairman, George Perna, Jr. Also present were Erich Nitzsche and John Draper. John Simons, Clerk, arrived at 7:15 p.m. Jack Graham was absent. Public Hearinqs on Warrant Articles to Amend the Zoning Bylaw Section 4.135 - Watershed Protection District Petition of Conservation Commission, Board of Health and Planninq Board Erich Nitzsche read the legal notice to open the public hearing. Richard Doucette, Conservation Administrator was present and presented the Board with a draft of the proposed Watershed Protection Bylaw. George Perna asked Mr. Doucette exactly what was changed. John Simons arrived at 7=15 p.m. George Perna asked if it was a complete re-write of the Watershed Protection Bylaw. Hr. Douctte stated that it was a clarfication of certain areas that were confussing and there were certain changes made. George Perna asked that those changes that were made be placed on the side of the existing bylaw. Hr Doucette stated that he is in the process of showing what was changed and there were certa%n things within the bylaw that were moved. John Simons asked if the new bylaw had been reviwed by the previous counsel who had worked on the Watershed Protection Bylaw. Mr. Doucette stated that Town Counsel will review the proposed changes. A copy of the Watershed Protection District, with changes noted, is part of the minutes as the discussions jumped from one area to another in no particular order and became very confusing. After a lengthy discussion, a motion was made by John Simons to continue the public hearing to April 25, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Section 4.121 and all Section Therein Relatinq to the Keeping of Animals John Simons read the legal notice to open the public hearing. The purpose of this amendment is to conform to Mass. General Law. This amendment is less restrictive. The number of acres required for the keeping of animals as it states in the Zoning Bylaw at present is: On any lot of at least three acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9), the keeping of one additional animal or bird but not the keeping of any animals, birds, or pets of persons not resident on such lot. (The additional acre of lot size to be five (5), from nine (9).) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, and poultry batteries. (On any lot of at least ten (10) acres, to be changed to five (5) acres, reducing the acreage.) With no response from the audience, a motion was made by John Simons to close the public hearing and recommend Favorable action on this amendment. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Section 4.125 - Renumberinq to place in order - Section 13 - 5.1 to read Section 13.5 John Simons read the legal notice to open the public hearing. This article is a housekeeping article, renumbering Section 4 and Section 13, to place in order. With no response from the audience, a motion was made by Erich Nitzsche to close the public hearing and recommend Favorable action on this amendment. The motion was seconded by John Simons and voted unanimously by those present, including the Chairman. Villaqe Commercial Dimensions - Creatinq New Dimensions to Table 2 and addinq Footnotes - Amendments to Section 8.1 - Off Street Parkinq and Section 8.4, Screening & Landscapinq, both in ¥illaqe Commercial District John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner stated that the existing Village Commercial requirements did not give the end results expected. George Perna asked for the differences. Because the differences were pointed out, John Simons read the legal notice for Section 8.1, Off-Street Parking and Section 8.4, Landscaping and Screening, to run all three articles together. Christian Huntress gave the Board the differences from what exists presently and what is proposed. The following requirements were changed: The required area is presently 50,000 square feet. The proposed area required will be three (3) acres. 2. Buffer areas were added. Front setbacks were 100 feet, proposing 50 foot setbacks being green and landscaped. 4. Parking will be broken up, only 25 percent contiguous. Bernice Fink, Turnpike Street, wording of the legal notice stated "insert", should read "amend". Bob Dunn, owner of Boston Hill Ski Area, stated that he has a parcel on Route 114 presently zoned General Business (GB). The lot is smaller than what is being proposed under the Village Commercial District. John Simons stated that two years ago the required area was 200,00 sq.ft., last year the requirement was 50,000 sq.ft. The Board will look at the size of the lots. Mr. Dunn's parcel is about 1OO,OOO sq.ft. Benjamin Osgood, spoke on the setbacks now being 1OO feet and wanted to know why the change to 50 feet. Christian Huntress told Mr. Osgood a landscaped buffer would be required. Mr. Osgood suggested that a special permit should be obtained rather than change the Zoning Bylaw. A motion was made by John Simons to continue the public hearings on the Dimensional Table 2, Section 8.1, Off-Street Parking and Section 8.4, Screening and Landscaping, to April 25, 1990. The. motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Section 2 - Definitions - Adding Hazardous Material(s) John Simons read the legal notice to open the public hearing. At the request of the Board, Chief Dolan has been asked to appear before them to clarify. A motion was made by John Simons to continue the public hearing to April 25, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Warrant Articles - Amending Zoning Hap Farnum Property - VR/VC to R-3 Petition of the Planning Board John Simons read the legal notice to open the public hearing. George Perna stated the reason for the Planning Board being the petitioner, being a housekeeping article. At last years Town Meeting this particular area was not described, leaving a portion of land along Brook Street and Farnum Street with Village Commercial and Village Residential. The recommendation of the Planning Board is to rezone that portion of land to R-3. Bernice Fink, abutter, asked why not rezone to R-2. George Perna stated that R-3 would give a higher density. With no other comments from the audience, John Simons made a motion to close the public hearing and make a Favorable recommendation on the rezoning of this parcel. The motion was seconded by Erich Nitzsche and voted unanimously by those present. Earnum Property - VR to VC Petition of the Planning Board John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner stated that presently this particular parcel was grandfathered under General Business. The present zoning on this parcel is Village Residential. The owner of the property want the parcel rezoned to Village Commercial. Bernice Fink, abutter stated that there was no sewer or septic system for this parcel. Bob Dunn, abutter, stated that the building was originally a school. Mr. Dunn stated that at one time he used the building for storage of hoses for the ski area, then a ski shop. A motion was made by Erich Nitzsche to continue the public hearing to April 25, 1990 and set up a workshop to discuss the matter. The motion was seconded by John Simons and voted unanimously by those present, including the Chairman. Mscisz Property - Parcel 22 of the Assessors Map ~25 - Rezone from R-3 to R-6 Petition of the Planninq Board John Simons read the legal notice to open the public hearing. The purpose of this article is housekeeping. This particular parcel was inadvertently omitted from a rezoning article at last years Town Meeting. With no comments from the audience, a motion was made by John Simons to close the public hearing and recommend Favorable action. The motion wa seconded by Erich Nitzsche and voted unanimously by those present. Citizen Articles Rezoninq from VR to VC Petition of Robert Dunn and Others John Simons read the legal notice to open the public hearing. The petitioner, Robert Dunn would like to rezone a small parcel on Route 114. The parcel is situated between land owned by the Fink's, zoned General Business and land owned by the Farnum's, zoned Village Commercial. This lot is presently grandfathered under General Business till May 30, 1990, at which time the parcel will be Village Residential. A motion was made by John Simons to continue the public hearing to April 25, 1990 and set up a workshop to discuss the matter. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Rezoninq from R-4 to B-2 Petition of Joseph Mahoney and Others 164 Mass. Avenue John Simons read the legal notice to open the public hearing. Joseph Mahoney and Richard Kaminski were present to explain why the owner of the parcels wants to rezone. Presently there are two lots zoned R-4. The owner would like to renovate the existing structure and add to it, for a medical office. Richard Kaminski showed the Planning Board what the owner would like to do on this parcel. A motion was made by John Simons to continue the public hearing to April 25, 1990. The motion was seconded by Erich Nitzsche and vote unanimously by those present, including the Chairman. Rezoninq from GB, R-2 AND VR TO VC Petition of Anqus Realty Corp, Thomas Yameen and Others Route 114 and Sullivan Street John Simons read the legal notice to open the public hearing. Jim Bourgeois, EDC, Inc., presented plans to the Board on a possible Village Commercial Project. Presently, the parcel is zoned GB, R-2 and VR. The owner would like to rezone the entire parcel to Village Commercial. Bernice Fink, Turnpike Street, asked about sewer along Route 114. Mr. Yameen stated that he was willing to discuss the possibility of not developing until sewer was available. A motion was made by John Simons to continue the public hearing to April 25, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Rezone from B-4 to B-2 Petition of James Holland and Others Route 114 and Route 125, Fellowship Bible Property John Simons read the legal notice to open the public hearing. Richard Rubino, developer, discussed with the Board, some possibilities of what could be done with the present zoning of this parcel. Office buildings are allowed. Mr. Rubino showed the Board what he would like to see rather than just an office building. Mr. Rubino said that a traffic study will be supplied before Town Meeting. A motion was made by John Simons to continue the public hearing to April 25, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Rezone from R-2 to I-1 - Off Flaqship Drive Petition of Robert Webster John Simons read the legal notice to open the public hearing. A letter was received and read from Mr. and Mrs. Motolla of Marian Drive. Jim Bourgeois stated that the petitioner has met with the abutters. The lighting problems will be addressed. Mr. Grover, an abutter spoke to the Board on the lighting situation out on Flagship Drive. Bob Murray, Superintendent of Ward Reservation asked that a buffer zone be established between the parcel before the Board for rezoning and the land owned by the State. Mr. Grover asked what the use would be. Peter Novello, abutter, stated that he own two parcels, one of which is now being used as a buffer. Michael Worths expressed his concerns about the lighting and the noise in the area. Mrs. Pat Cavanaugh, abutter had several issues she wanted addressed. noise lighting mechanicals of the building The Planning Board will visit residents of Marian Drive to observe the situation. Tuesday, April 17 at 8:00 p.m. has been designated for that visit. A motion was made by John Simons to continue the public hearing to April 25, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Warrant Article Recommendations Only Accept Sprinq Hill Road as a Public Way The Planning Board wants the detention pond issue addressed. need to be planted in the area of the pond. willow trees and 3 maple trees. Trees Suggested were 2 A motion was made by Erich Nitzsche not to recommend acceptance of Spring Hill Road as a public way. The motion was seconded by John Simons and voted unanimously by those present, including the Chairman. Grant Easement 118-120 Second Street Joseph Gleason was present. The Board asked that the owners of the property maintain the wall. A motion was made by John Simons to continue the discussion on the granting of an easement for 118-120 Second Street to April 25, 1990. The motion was seconded by Erich Nitzsche and voted unanimously by those present, including the Chairman. Authorize Construction of Siqnalization of Mill Road/Flagship Drive/Rte 114 A motion was made by Erich Nitzsche to recommend Favorable action for the signalization of Mill Road/Flagship Drive/Rte 114. The motion was seconded by John Simons and voted unanimously by those present, including the Chairman. A motion was made by Erich Nitzsche to adjourn the meeting. The motion was seconded by John Simons and voted unanimously by those present, including the Chairman. The Planning Board meeting adjourned at 12~20 a.m. George Perna, Jr., Chairman a~et-L. Eaton, Secretary