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HomeMy WebLinkAbout2014-08-19 Planning Board Minutes PLANNING BOARD a,el v ) ",I Meeting Minutes August 19, 2014 C, Town Hall, 120 Main Street 7:00 PM 1 Present: J. Simons, M. Colantoni, L. Rudnicki, L. McSherry, D. Kellogg,P. Boynton 2 Absent: 3 Staff Present: C. Bellavance, M. Egge, J. Enright 4 5 Meeting began at 7:00 pm. 6 7 C. Bellavance: Introduced of new Town Planner, Matthew Egge. 8 9 DISCUSSION ITEM 10 Appleton Street, Map 65 Lot 7, Gerry Welch: Requests discussion on an ANR Plan and/or a 11 Modification of the Regency Place Definitive Subdivision Plan. 12 C. Bellavance: Approximately two months ago an application for a Form A was received to 13 subdivide a parcel of land off of Appleton Street. The Board had questions related to the 14 frontage and accessibility of the parcel. It was recommended that the applicant come before the 15 Board to discuss the plan. This parcel abuts the recently approved Regency Place subdivision. 16 Mark Bobrowski,Representing Gerry Welch: When Regency Place was built Appleton Street, a 17 way public in nature but not built, extended through the property. The layout that Regency Place 18 proposed for its road did not coincide with Appleton Street. Appleton Street actually goes ,L9 through a house or two in the Regency Place subdivision. G. Welch has options to purchase the 20 two lots shown on the plan. The derelict fee statue provides the owner of those two lots 21 ownership to the middle of the road and transit rights all the way to the nearest thoroughfare. 22 Since those Appleton Street rights go through a proposed house litigation has been initiated 23 against Regency Place just so we would have an opportunity to talk about working something 24 out that would establish the legal definition of the road and a method for developing these two 25 lots. There has been a meeting with Mr. Carroll, developer, and his attorney. Requested that the 26 ANR plan be endorsed and held in escrow until the road construction is complete and approved 27 by the DPW. 28 Bill Macleod: Reviewed Concept Common Driveway, Concept Plan D, and Concept Plan E 29 plans. 30 Gerry Welch: Currently the Regency Place roadway is at subgrade, the sewer is installed, and 31 the utilities are being worked on. The road is not paved yet. 32 J. Simons: This is construction of a road off of a cul-de-sac which makes it a longer cul-de-sac 33 and it doesn't have a turn-around. The Planning Board rules and regulations do not allow it. The 34 additional roadway is approximately 540'. 35 B. Macleod: The Planning Board approved the subdivision and ignored that fact that there was a 36 right of access to this property. 37 M. Bobrowski: And cut off that access by that road terminate into houses. 1 PLANNING BOARD Meeting Minutes August 19, 2014 Town Hall, 120 Main Street 7:00 PM 38 J. Simons: The Decision was not appealed. Suggested extending the cul-de-sac a shorter 39 distance, re-configuring the lots so that they have frontage on the Regency Place subdivision, and 40 re-configuring the Open Space parcels. Then come back to the Board. 41 42 BOND RELEASES 43 1831 Great Pond Road, Anthony Sciuto: Request for release of an$8,000 performance G bond 44 fund. 45 C. Bellavance: An as-built plan has been received. The Conservation Commission had 46 jurisdiction on the project as well. They have a separate bond held for the project and they have 47 voted to release the bond contingent on completion of some additional plantings. There were 48 some minor changes that were reviewed and approved by the Planning Department during the 49 construction period. 50 MOTION 51 A motion was made by D. Kellogg to approve the performance bond release for 1831 Great Pond 52 Road with accumulated interest. The motion was seconded by L. McSherry. The vote was 53 unanimous 6-0. 54 55 26 Main Street, Jeffco: Request for release of remaining $2,000 performance G bond fund. 56 C. Bellavance: The property has been sold and there is now a condominium association that ,57 manages the property. The applicant came before the Board previously and the parking space 58 striping has been modified and the curb stops have been installed. An as-built plan has been 59 received. 60 MOTION 61 A motion was made by L. Rudnicki to release the bond with interest for 26 Main Street 62 contingent upon them placing their address marker in a location acceptable to the Fire 63 Department. The motion was seconded by M. Colantoni. The vote was unanimous, 6-0 in favor. 64 65 PUBLIC HEARINGS 66 CONTINUED PUBLIC HEARING, Merrimack College, 315 Turnpike Street: Application for 67 Site Plan Review. Applicant proposes four 2-3 story new residential buildings and one 3 story 68 student common building on an approximately 4.5 acre area along Flaherty Road, Rock Ridge 69 Road, and the Sakowich Campus Center within the R-3 zoning district. Two of the proposed 70 residential buildings are located in North Andover and two residential buildings and the student 71 common building are located in Andover. 72 C. Bellavance: The proposed development straddles the Andover and North Andover town line. 73 The applicant is before Andover's Boards as well. The drainage system is managed by Andover. 74 The peer review is being performed by Andover's consultant and the reports will be shared with 75 us. A question as to whether the Dover Amendment applied to this was raised. A letter from 76 Merrimack College's attorney was received and forwarded to Town Counsel, Tom Urbelis, for 77 his review and he has submitted a letter in response. 78 Felipe Schwarz, AVP for External Affairs Merrimack College: Provided an overview of the 79 project scope, location, site plan, pedestrian and traffic flow, delivery access,water and sewer 2 PLANNING BOARD Meeting Minutes August 19, 2014 Town Hall, 120 Main Street 7:00 PM 80 infrastructure plans, and drainage design, landscape plan, lighting plan, and building 81 design/heights. Fifty six faculty and staff parking will be eliminated. There will be a fence and 82 dense landscape area along Rock Ridge Road. The fence style has not been determined yet; 83 however, it will not have a gate. The access plan for fire trucks has been reviewed both Andover 84 and North Andover's Fire Departments. Service vehicles will access the same way as the fire 85 trucks. The service vehicles usually arrive during early morning. Parking is restricted along 86 Rock Ridge Road. The residential buildings will house 350 students. They are not air 87 conditioned. 88 Board: Expressed concern about where delivery vehicles will park and not enough handicap 89 parking. A memo from the Fire Department should be requested for the file. 90 F. Schwarz: Explained the college's staffing for the buildings and protocol for parties. The 91 college has its own certified police department. Did not know the policy on time limits for 92 registered events. 93 C. Bellavance: The Building Commissioner has met with the architects a few times, the fire 94 department representative was at the Technical Review Committee meeting, and the Health 95 Department was interested in the setup of the kitchen facilities in the Commons Building. That 96 facility is located in Andover. 97 Chris Lovett, VHB: Provided and overview of the drainage design. Currently there is a grade 98 change across the field. The back side of the project will be lifted approximately three feet. 19 There is a 40' setback area that the grade can be eased out. The potential sheet flow across the 100 sidewalk running towards Andover from North Andover along the side of the buildings will be 101 looked at. 102 J. Simons: Requested a Lighting Plan and lighting schedule. 103 Melissa Markey, 3 Woodcliff Road, Andover: Introduce the Coalition for Merrimack College 104 Smart Growth and provided the Board a handout of her presentation. Expressed the coalition's 105 concern with Merrimack College continuing to build around the neighborhood, effectively 106 surrounding it with students. In 2012 Phase 1 residential units were built with 350 student beds. 107 The concerns about those have become real issues. Requested that the Board take enough time 108 necessary to understand the existing conditions and what it will mean if these units are added to 109 the border of the neighborhood and if possible define what specific actions Merrimack will take 110 to address the concerns and issues that exist today. Stated concerns with police, students in the 111 neighborhood, and noise are not adequately address today. 112 Joanna Reck, 15 Rock Ridge Road: Reviewed a site map highlighting the abutting 113 neighborhood, academic, housing, athletic fields, and undeveloped areas on the Merrimack 114 Campus. The types of existing issues include water sheet flowing off the college property, 115 students in the neighborhoods, noise, grills taken off back porches. This will be a significant 116 change to the neighborhood. The abutting homes are 1,000— 1,500 sq. ft. single family ranch 117 style homes. There needs to be a physical barrier to prevent deliveries from being made from the 118 Rock Ridge Road side. The students will be walking home from parties at the townhouses 119 through the neighborhood to get to the new buildings. There are alternatives for placement of 120 these buildings. Merrimack College has not responded to requests for their Master Plan. They '21 also, will not discuss alternate locations. 3 PLANNING BOARD Meeting Minutes August 19, 2014 Town Hall, 120 Main Street 7:00 PM 122 Jeff Raymon, 18 Fox hill Road. Andover: Expressed concern with the bulk and size of these 123 buildings in relation to the abutting homes. In addition, the grade will be raised three feet in an 124 area. In 2012 the new dorms were constructed in an area of campus where students already 125 lived. This project takes the design that works internally on campus and positioned in on the 126 neighbors front porch. There is no air conditioning so windows will be open allowing for more 127 noise. The security cameras are on campus only. This forces the students off campus. For 128 students to avoid being on camera they will walk through the neighborhood. 129 Jennifer Ross, 66 Brookfield Road, Andover: The neighborhood suffers from a lot of water 130 problems. Stated major improvements were made to stop water from getting in her basement. 131 After the 2012 dorms were constructed there was new water in locations that never received 132 water before. The backyard floods. Many of the neighbor's basements flood. Austin Green, 133 location of proposed buildings, floods. There is not enough parking at the college. There are 134 parking restrictions in front of the homes, but people continue park there. This project brings 135 350 additional students, visitors, guests, employees to service the buildings yet the proposal is to 136 remove 56 parking spaces. It does not appear there is enough handicap parking. There are many 137 campus functions for which this location is utilized for overflow parking. The new areas 138 designated for overflow are circumstantial. The dorms that border Fox Hill Road are in disarray. 139 The buildings are not attractive,the fencing is falling apart, and the landscaping is overlooked. 140 Expressed concern that in a few years this area won't be the focus and will not be as pristine as it 11 looks now. .142 Steven Ross, 66 Brookfield Road, Andover: Andover police archives were researched for crime 143 statistics. The bookings are to the address of 50 Fox Hill Road by the Andover police. Since 144 2012 there have been 37 arrests at this location: two gun charges, five weapons charges, and 10 145 assault charges. The students bring guests on campus. When you bring someone into the 146 community you bring their families as well. Is Merrimack College a smoke free campus? If yes, 147 the students will quickly learn to go to Rock Ridge Road to smoke. 148 Burt Willett, 30 Fox Hill Road: We consider us to be members of both the Andover and N. 149 Andover communities. The students at Merrimack College are fine. The issue is the growth and 150 the decision to take land in the front of the campus. Architecturally these dorms do not fit in 151 with the surrounding front area. The administration at Merrimack is there for 2-5 years. These 152 dorms will be there forever. They will not tell us why they will not consider alternative 153 locations. Expressed concern that the Dover Amendment has taken the town's ability to fully 154 oversee this development. Requested that the Board work with Andover to fight the Dover 155 Amendment. There are definitely alternative locations where these can be put. The easiest way 156 for students to get from the proposed dorms on the Elm St. side to the dorms on the other side is 157 to cut through the neighborhood yards. An academic or administrative building would be much 158 more appropriate for this area. 159 Page, 54 Brookfield Road: The 48"pipe that the college is changing that will go under Elm 160 Street toward a retention pond will connect to a 24"pipe at the retention pond. The retention 161 pond is filled with weeds and not maintained. The man that lives at 200 Elm Street near the 162 pond has health problems with his kids. Half of this house is in Andover and half in N. Andover. 63 The 48"pipe that is being redirected is in N. Andover and the retention pond is in Andover. The -64 pond floods and pictures from the July 19, 2014 will be sent to the Board. 4 PLANNING BOARD Meeting Minutes August 19, 2014 Town Hall, 120 Main Street 7:00 PM 165 Attorney Mark Bobrowski, Representing Melissa Rivers and other neighbors: Has this proposal 166 been subject to review by the Town Engineer or outside consultants and will there be an analysis 167 zoning compliance for stormwater, setbacks, landscaping, screening, loading,parking etc.? 168 J. Simons: We have agreed to coordinate with Andover for a single consultant review that would 169 meet the needs of both towns. We are asking for exactly what we would require for any Site 170 Plan Review; a full set of engineering studies all the drainage and related issues are addressed. 171 We haven't received a report yet. Part of the purview of that study is to ensure conformity with 172 Zoning. 173 M. Bobrowski: We will probably engage a peer reviewer of our own, Tom Houston. Requested 174 to be allowed to make a presentation of this reviewer's study. 175 J. Simons: You can work with the Planning Department and Andover's Planning Department to 176 get any information you want. 177 J. Simons: What is your perspective on why you chose to locate the buildings here as opposed to 178 somewhere else? 179 F. Schwarz: There are a variety of reasons and they have discussed at the 5 neighborhood 180 meetings and with the Planning Department. This site offers immediate adjacencies to 181 significant resources on the campus, it is developable land on campus, and other areas are 182 constrained with wetlands and significant parking areas. We have come to the determination that 183 this is the best site to meet the campus needs. 34 Chris Lovett, VHB: Meters as well as a rain gauge are in place at both retention basins. As each 185 storm occurs we can make sure they are functioning as per the original Master Plan. 186 J. Simons: The comments regarding the architecture and scale of the buildings are fair. 187 Requested that Merrimack College go back and look at those items. 188 P. Boynton: Have Police and Fire commented? What is the jurisdictional purview when a 189 building straddles the property line? 190 F. Schwarz: Both departments attended the Technical Review Committee. The Fire Department 191 was interested in the access and the plan was reviewed. There is a fully armed police department 192 on campus. It is very rare for town police to respond to an issue on campus. 193 Tom Urbelis, Town Counsel: This Board as well as the Zoning Board has had experience with 194 the Dover Amendment which is part of the Mass Zoning Act. In short, it says that you can't 195 require some institutions, such as educational institutions, to apply for a Special Permit for Use, 196 but the project may be subject to reasonable regulations. Traditionally, those are in the form of a 197 Zoning Bylaw concerning seven items, known as "the super seven". They are not required to 198 apply for a Special Permit, which the Board has approval and denial authority. This is not 199 something like a Subdivision approval, which the Planning Board can deny. The Board has the 200 opportunity to discuss the project,to discuss changes to the project, make recommendations to 201 the developer, and if appropriate to the Building Commissioner. The Building Commissioner 202 typically, as the Zoning Enforcement Officer, is the gatekeeper. I believe the Building 203 Commissioner has said the project complies with all of the Zoning. Explained processes for 204 challenging cases under the Dover Amendment. The Dover Amendment doesn't apply to 205 Conservation. There is also regulation of utilities, sewer and water. This Board has jurisdiction ,06 over them for Subdivision considerations, but not here. Sewer and water have been discussed _07 with the applicants and abutters. The buildings in N. Andover and Andover are proposed to be 5 PLANNING BOARD Meeting Minutes August 19, 2014 Town Hall, 120 Main Street 7:00 PM 208 supplied by Andover water and sewer. Explained the process for approval for this to happen. 209 There was a law passed in 1948 that would allow for Merrimack College and Andover to 210 contract with each other to connect to Andover's sewer system. Merrimack College has not been 211 able to provide that contract yet. This 1948 Act only authorizes the college to contract with 212 Andover relating to sewer, not the water. The attorneys for Merrimack College have been asked 213 to provide a copy of any agreement that authorizes the proposed dorm buildings to tie into 214 Andover water system and they have been unable to provide such an agreement. This service 215 has been provided to buildings in N. Andover over the years. 216 L. Rudnicki: Requested a policy be established in regards to fire and police department 217 response. Students should not be relied upon to know if their building in Andover or N. 218 Andover. 219 F. Schwarz: The North Andover buildings are serviced by North Andover fire department. 220 Campus police respond to on campus calls. 221 27 Rock Ridge : Stated that the abutters often experience calling one police department and 222 being told to call the other. Provided an example that occurred involving a car accident on 223 Merrimack campus. Both Andover and N. Andover police departments were called. Merrimack 224 campus police did not respond. It is a legitimate concern to determine who has jurisdiction. 225 Melissa Markey, 3 Woodcliff Road: Stated the neighbors did have a public safety meeting with 226 Merrimack College. Merrimack does have jurisdiction along Fox Hill and Rock Ridge, but not ?7 in the center of the neighborhood. A lot of times there is a call to Merrimack and they don't /-28 come and then call Andover. Would like the jurisdiction made clearer. 229 F. Schwarz: Merrimack does not have jurisdiction on Andover streets. Stated they are having 230 conversations with Andover police about that. 231 Joanna Reck: The coalition has reached out to Andover police to set up a neighborhood meeting. 232 F. Schwarz: Stated that they have reviewed the seven point topics related to the Dover 233 Amendment and four of the seven are not applicable to the project site or zoning district. The 234 height of the structures meets the Zoning Bylaw. There is no requirement associated with bulk. 235 The proposed residential buildings are identical in scale to the recently constructed buildings. 236 The setback requirements are met. There is no parking requirement associated with colleges and 237 universities in the Zoning Bylaw. 238 M. Bobrowski: The Dover Amendment does list seven items, but stated he does not believe the 239 Board is limited to those seven items. Stated cases that issues other than the seven listed were 240 raised. Stated that the seven listed are a guide that the Legislature intended but does not believe 241 the Board is limited to them. Stated the Campbell vs. the city of Lynn case says that when there 242 is a bylaw or ordinance in place and they can comply with it without impairing the integrity of 243 the campus or the utility of the institution they must comply with it. 244 J. Simons: This will be heard again in two weeks. 245 246 DISCUSSION ITEM 247 555-575 Turnpike Street, Chestnut Green: Request for Site Plan Review Waiver. Proposal to 248 add 9 parking spaces to the side of one of the office buildings. ^49 C. Bellavance: Approximately a month ago Steve Stapinski, Merrimack Engineering, requested _30 information about waiving Site Plan Review for adding nine parking spaces to the side on one of 6 PLANNING BOARD Meeting Minutes August 19, 2014 Town Hall, 120 Main Street 7:00 PM 251 the Chestnut Green condominium buildings. This was a discussion item with the Board and the 252 Board was not in favor of a waiver without more information. 253 Steve Stapinski, Merrimack Engineering: This complex has a lot of medical and diverse office 254 uses with a high demand for parking. The parking sometimes overflows to Hillside Road, the 255 Rite Aid parking lot, and unfortunately sometimes along the Rt. 114 right-of-way. A turn- 256 around was built by the town at the end of Hillside Road. The Hillside Road right-of-way is a 257 parallel right-of-way. The town never took a right-of-way onto Chestnut Green property. They 258 took an easement to allow for a turn-around and at the time Hillside Road was closed off to Rt. 259 114. The town created a paved area to allow for emergency vehicles to turn around on. That 260 turn-around has posted No Parking; however, cars sometimes park here. The proposed nine 261 parking spaces are off of the edge of pavement and on the Chestnut Green property. Reviewed 262 Bylaw requirements as they apply to Site Plan Review and Site Plan Review waivers. Stated he 263 does not believe Site Plan Review is even required. 264 L. Rudnicki: The Bylaw states that if you received a Site Plan Special Permit and then want to 265 make changes you need to come back for a Modification. You cannot add five and then four the 266 next year. That would be considered a change to the approved site plan. This should go through 267 Site Plan Review. There are abutters that have rights, an easement to deal with, and a change to 268 traffic circulation that we should receive input from the Fire Department on. 269 BOARD: The general consensus of the Board was that abutters need to be notified and this is 70 subject to Site Plan Review. There should be a public hearing on this. z71 272 Open Space Plan Support Letter 273 MOTION 274 A motion was made by D. Kellogg to support the Open Space Plan and send a letter to that fact. 275 The motion was seconded by L. Rudnicki. The vote was unanimous, 6-0 in favor. 276 277 MEETING MINUTES 278 Approval of August 5, 2014 meeting minutes. 279 MOTION 280 A motion was made by L. Rudnicki to approve the August 5, 2014 meeting minutes as amended. 281 The motion was seconded by M. Colantoni. The vote was unanimous, 6-0 in favor. 282 283 ADJOUNMENT 284 MOTION 285 A motion was made by L. McSherry to adjourn the meeting. The motion was seconded by D. 286 Kellogg. The vote was unanimous, 6-0 in favor. 287 288 The meeting adjourned at 7:25 pm. 289 290 MEETING MATERIALS: Agenda, Appleton Street Map 65 Lot 7: MIMAP aerial view dated 291 8/9/14, Scott Armondino abutter email dated 8/19/14, ANR Plan dated 5/15/14, Concept Plan 92 Common Driveway dated 3/13/14, Concept Plan D Common Driveway dated 8/13/14, Concept 7 PLANNING BOARD Meeting Minutes August 19, 2014 Town Hall, 120 Main Street 7:00 PM 293 Plan E Common Driveway dated 8/13/14, Definitive P.R.D. Subdivision Plan for Regency Place 294 dated 4/22/13; 26 Main Street: Letter dated 7/30/14 from James S. Fairweather re: site plan 295 special permit, As-Built Plan&Profile "Pondview" dated 7/30/14; 1831 Great Pond Road: As- 296 Built Plan for Lot 38 Great Pond Road dated 7/21/14, 4 site pictures dated 8/13/14; Merrimack 297 College: Site Plans North Campus Development dated 7/10/14, email dated 8/13/14 from F. 298 Schwarz re: site markings, letter dated 7/29/14 from Robert Lavoie, Esq. Johnson & Borenstein, 299 LLC re: Dover Amendment Analysis for North Campus Development submitted by Merrimack 300 College, letter dated 8/12/14 from Tom Urbelis re: proposed Merrimack College dormitories 301 project Coalition for Merrimack college Smart Growth Proposal for Reconsideration; North 302 Campus Development Presentation submitted and presented 08/19/2014; Chestnut Green: Letter 303 dated 7/29/14 re: Parking Improvements from Stephen E. Stapinski, Site Development Plan of 304 Land dated 2/7/14, Bing Maps aerial view; Open Space support letter dated 8/19/2014, Draft 305 meeting minutes 08/52014. 8