HomeMy WebLinkAbout2017-04-04 Planning Board Minutes Town of North Andover
PLANNING BOARD
John Simons, Chairman =M David I(ellogg
Lynne Rudnicki Lora MeSherly
Peter Boynton IMF Aaron Preston,Assoc.
TuesdaV April 4 201 7 .nt. 120 Main Street Town Hall,North Andover,AL4 01845
2 Present: J. Simons, L. Rudnicki, L. McSherry, P. Boynton,D. Kellogg
3 Absent: A. Preston
4 Staff Present: R. Oldham, B. Wolstromer
5
6 J. Simons, Chairman: The Planning Board meeting for Tuesday,April 4,2017 was called to order at 7 p.m.
7
8 DISCUSSION:
9 Article XX: Appropriation—Capital Improvement Plan for Fiscal Year 2018. To see if the Town will vote to
10 fund the Capital Improvement Program as listed under the heading"Board of Selectmen/Finance Committee/Town
11 Manager Recommendations"and with the language included,
FY18 CIP
Recommendations
A.th-l—d to
Eft1AUe1-QMg1Uft-- M.11—U.d.,
Town Manaamr. g2,jPYA,&_8p.. R.I..& 0--hIC
Lt.. Pro1..I oasewlntlea EEgalzat.nd . . Rout App,.p,Itqgj stabtdlzatlan. Pr....d. Ch.W.,4
I Facilities Master Plan $ 6,647,6o0 $ S S (4,000,1300) $ $2,647,500
2 Ptaygm.nd Improvements(Townw(de) s 50,000 s $ $ (50000) s $
3 Municipal IT(FY18-FY22) $ 50,000 s $ $ (50,000) s 3
4 Forestry Vehicle $ 65,000 $ $ s (66,000) $
6 Roadway Improvements(FY18-FY22) s 1.210,000 $ (820,000) $ $ 300,000
6 Sidewaiks(FY18-FY22) $ 75,000 $ $ $ $ (28,765) S 46,235
7 W. High Sliest ld0 p
ght.,Road&Str. ... .(FY-18) $ 476,000 $ $ s $ $ 475,000
a Building Maintenance(FYI5-FY22) $ 225,000 S $ $ $ $ 225,000
9 Sport-Turf Field Surface Replacement $ 750'000 $ $ $ (750,000) $ s -
10 Scbo-I IT(FYI 8-FY22) $ 100,000 $ $ $ - $ (22,123) $ 77,077
General Fund Total $ 9,647,600 $ (820,00a) $ $ (4,916,000) $ (60,888) $3,661,612
ii Ozone System $ 2,200,000 $ $ $ (1,212,500) $ (94,38I) $ 893,119 111,
12 Chemical Storage Tank&Feed System Improv. $ 225,000 $ s s - $ 225,000
Water Unterpdag Fund Total $ 2,426,000 $ $ $ (1,212,600) $ (94,31H) $1,118,119
13 limprovements to various Pump Stations $ 100.000 $ $ $ (100,000) $ $
Sewer Enterprise Fund Total $ 1aa,000 $ $ $ (joa,000) $ $
14 Main House Boiler&Plumbing Improvements $ 75.000 $ S (75.000) $
1.5 Exterior Infrastructure/Grounds Improvements S 35,000 $ $ 135.000) $
[Stevens Estate Fund Total 110.000 $ ....... $ (110,000) $ $
I Total All Funds $ 12,282,600 $ (820,000) $ (6,337,600) S(146,289) $4,979,731
that to Meet this appropriation:
(1)The Treasurer with the approval of the Board of Selectmen is authorized to borrow,$4,979,731 for the appropriations,or portions
there of under items 1,5,6,7,8,10,11 and 12 under chapter 44 of the Massachusetts General Law or any other enabling authority and
that any premium received by the Town upon the sale of any bonds or notes approved by this vot,less any such premium applied
to thea payment of the costs Of issuance of such bonds or notes,may be applied to the payment ofcosts approved by this vote in
accordance with Chapter 44,Section 20 of the General Laws,thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount;
(2)The appropriations for items 1,2,3 and 4 above shall be funded with Free Cash in the amout of$4,165,000,
(3)The appropriation for item 9 above shall be funded with a transfer from Capital Stabilization Fund
in the amount of$750,000;
(4)The appropriation's for items 6 and 10 above shall be partially funded with excess bond proceeds in the amount of$50,888;
(5)The appropriation for item 11 above shall be funded with Water Enterprise fund retained earnings in the amount of$1,212,5500 and
excess bond proceeds in the amount of$94,381;
(6)The appropriation for item 13 above shall be funded with Sewer Enterprise fund retained earnings
in the amount of$100,000
(7)The appropriation's for items 14 and 15 above shall be funded with Stevens Estate Enterprise fund retained earnings
12 in the amount of$l 10,000;
13 Or to take any other action relative thereto.
14 Town Manager
15
Town of North Andover
PLANNING BOARD
John Simons, ChairmanDavid Kellogg
Lora McSherr
Lynne Rrrdnicki y
Peter Boynton Akron Preston,Assoc.
T"uesda A ril4 2017 7 p.m. 120 Main Street Town Hall North.Andover MA 01845
1.6 Board of Selectmen Recommendation:
17 Finance Committee Recommendation:
18 Planning Board Recommendation: Postponed to April 18,201.7 Planning Board meeting:
19
20 Vote Required: Two-thirds(213)Vote
21
22 EXPLANATION: A Capital Improvement Plan(CIP)consists of projects that are major,non-routine
23 expenditures for new construction,major equipment purchase,or improvement to existing buildings,
24 facilities,laird or infrastructure with an estimated useful life of five years or more,and a cost of
25 $25,000 or more.Items in this plan are funded by debt;the Town will issue bonds of 10, 15 or 20 years
26 (depending upon the project)and pay principal and interest payments over that term... The bonds may
27 be general obligation(funded by the general tax levy)or special obligation(funded by water or sewer
28 rates).
29
30 J. Stanford,DPW Director,&J. Borgesi,Town Engineer: Crave a brief overview of DPW projects noting road
31 infrastructure is divided into three categories;roads,highways, and streets in addition to the water and sewer
32 enterprise fund. We are going to be doing several streets in 2017-2018. We also have several truck and equipment
33 purchases:
34 BOARD: Discussed how some streets may be tied into approved subdivisions and that we should check to see if
35 there is any outstanding bond money.Additionally,the Board wanted to get an update on what the Planning Board
36 should be asking for in terms of sidewalk contributions fr-om future developers.
37
38 ANR: 1975 Salem Street: The Applicant came before the Board for their Frontage Exception,Access OtherThan
39 Legal Frontage and Common Driveway, They are looking to ANR the lot to obtain their Land Disturbance permit.
40 Parcel.A(the triangle piece within.Lot 3)noted on the site plan identifies twenty feet of additional frontage and.
41 199 sq. ft. of additional space to be labeled"non-buildable"and given to the adjacent lot in order to give enough
42 frontage to the lot to subdivide that property into three additional lots. The Board approved Lots 1, 2 and 3. Lot 3
43 was approved with 55.20 lineal frontage (with Parcel A excluded).
44 BOARD: Discussed how the Applicant has been granted a Frontage Exception and is giving away frontage to an
45 adjacent property during the process.
46 MOTION: L. Rudnicki made a motion to reject the ANR for 1975 Salem. Street without prejudice for it being
47 non-conforming.D. Kellogg seconded the motion. The vote was 5-0,unanimous in favor.
48
49 PUBLIC HEARINGS CONTINUED PUBLICHE,ARING: Kindred Homes 1099 Salem Street Paul
50 Marchionda: Application for Special Permit for Frontage Exception under sections 7.2.2, 10.3 and 10.31 of the
51 North.Andover Zoning Bylaw. The Applicant proposes to subdivide the existing 7.4+f- acre parcel into two(2)
52 lots. The property is located in the Residential 2 (R-2)zoning district.
53 R. Oldham: At the Conservation meeting the Applicant was instructed to provide a driveway analysis to get the
54 driveways out of the 50 ft. no build zone. The Commission stated, "They do not believe it is realistic to exclude
55 small areas with larger developed envelope to avoid filing a Land Disturbance permit."There is correspondence
56 from L. Eggleston and our Conservation agent J. Hughes arguing that a Land Disturbance permit would apply to
57 this project. The Applicant has since submitted the alternatives analysis for the driveways and still does not believe
58 a Land Disturbance would apply. The Conservation Commission has not had a chance to review those analyses
59 and their next meeting is April 12,2017.
60 David Kindred, Kindred Home/Applicant: Correct,we received the letter and L. Eggleston feels the local
61 stormwater Bylaw should apply because, "we are not disturbing an acre if the land we are working on is part of the
62 watershed is greater than an acre,then the storrmwater bylaw can apply."We have submitted the plan showing
63 what we proposed to do and we took a quick schematic look at what would happen if we were to be held to
2
Town of North Andover
PLAIWNING.BOARD
Sohn Simons, Chairmans �, David Kellogg
y ,d Lora McSherry
Lynne Rudnicki
Peter Boynton Aaron Preston,Assoe, 1
t
i
Titesday April 4 2017 k 7 p.m. 120 Main Street Town Hall North Andover HA 01845
64 stormwater standard. The only place we can locate a retention basin would be the flattest pail of the land;where
65 the houses are shown now. The houses would then get pushed to the steeper part of the site disturbing an
66 additional 3/4 of an acre or more. We think the current plan is environmentally a better plan with less disturbance.
67 J. Simons: We still don't clearly understand the stormwater impact. We need stormwater assurance.
68 D.Kindred: We will quantify the calculations to verify mitigation,do an alternatives analysis for the driveways
69 and develop a construction sequencing schedule and provide that for your review.
70 [Continued'to April 18 Planning Board Meeting]
71
72 CONTINUED PUBLIC HEARING: 58 CountLy Club Circle: Application for a Watershed Special hermit
73 under Sections 4.136, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Applicant proposes to construct a
74 retaining wall, in ground pool, spa, walkway, patio, fence and associated grading and landscaping in the Non-
75 Discharge Zone and Non-Disturbance Zone. The project is located within the residential 1 (R-1)Zoning District.
76 [Continued to April 18 Planning Boarc Meeting]
77
78 NEW HEARING: 315 Turnpike Street Merrimack College,Felipe Schwarz:Application for Special Permits
79 for Site Plan Review 8A, 8.3, 10.3 and 10.31 of the North Andover Zoning Bylaw. The project consists of a
80 modification to an existing permit to construct a one(1)story, 6,700 sf expansion to the existing Sakowich.
81 Campus Center. The project also proposes an exterior patio area off of the eastern side of the expansion. The
82 second Special Permit proposes to upgrade the existing athletic fields to provide a modern synthetic turf field and
83 running track,viewing bleachers(2,500 seats)with a press box, a new field house building for concessions
84 bathrooms,team/locker rooms, and a small event area. This project is within the 1I.-3 Zoning District.
85 R. Coldham: The Applicant has requested stormwater review be conducted by Andover's consultant since the
86 proposed storinwater development is managed by Andover and that peer review will be based on both the Town of
87 Andover and North Andover's Bylaw. Conservation has consented to this approach.
88 Felipe Schwarz,Associate V.P. Campus Planning 8Z.Development-Merrimack Collee: Presenter)the upgrades to
89 the existing athletic fields and expansion to the Sakowich Campus Center, The Sakowich expansion is approx.
90 7,000 sq. ft.-one addition(existing 3-story building is 180K sq. ft.) We are bumping out toward the north area of
91 campus. It is a lightly used area of the building, We will gain a little over 300 dining seats and exterior`patio along
p g 3' g� g' g p` g
92 a popular walkway. We would like to be ready for next August. 1
93 R. Oldham: We are waiting to receive peer review comments.
94 F. Schwarz&Christian Huntress. rLA Princi al-Huntress Associates. The athletic district is the first time since
95 2005 that we have addressed athletic campus improvements. We propose to build a new 400 meter 8-lane, t
96 multipurpose (all events)NCAA track and field state of the art facility flanked by a 2,500 seat bleacher; we
97 currently have a national champion on track. The project is being reviewed by both towns; there are some
98 wetlands. The baseball field and lower field are existing; the new field house building will house concessions,
99 restrooms, locker rooms and a small team function space. There is a 4 pole sports lighting system proposed; 70 ft.
100 in height more directional in spill and glare control(there are 8, 50 ft. tall poles now)and scoreboard.Everything
101 is outside the 50 ft. wetland buffer; some of the work is within 100 ft.;we are in front of North Andover
102 Conservation. The baseball field is existing;the bleachers land on a portion of the left field foul line. We have
i
103 rotated the field about 5 degrees clockwise to lengthen the foul line getting it to 300 ft.The lower field will
1.04 become an NCAA regulation softball field; creating a dugout, backstops; expanding the synthetic turf. A walkway
105 connects the'Volpe Center to an existing parking lot.
106 F. Schwarz: We anticipate being in operation this October for a football game.
107 [Continued to April 18 Planning Board Meeting]
108
109 NEW PUBLIC BEARING Annual Town Meeting Zoning Articles: ?
110 Article to Amend Zoning Ma —Map 009.0-0474-0000.0 24 Baldwin Street : To see if the Town will vote to
11.1 amend the Zoning Map for the Town of North Andover to rezone a certain parcel of land to properly depict the
3
Town of'North Andover
PLANNING.GUARD
John Simons, Chairman Dav&Kellogg
Lynne Ru(Inicki Lora McSherry
Peter Boynton Aaron Preston,Assoc.
TuesdW A26170) 7
Aril 4, , m. 120 Main Street Town Hall, North Andover, MA 01845
P
112 Residential 4 (R4) zoning district originally approved by Article 40 of the 1997 Annual Town Meeting, shown as
113 Lot C-1 containing 13,700 sq. ft. on Plan #12900 at the North Essex Registry of Deeds, and which is on file with
114 the Town Clerk,
115
116 Or to take any other action relative thereto.
117 Planning Board
118 Board of Selectmen Recommendation:
119 Planning Board Recommendation: L.Rudnield made a motion for favorable action. L. McSherry seconded
120 the motion.The vote was 5-0, unanimous in favor.
121
122 Vote Required: Two Thirds (2/3)Vote
123
124 EXPLANATION:TION:I This Article amends the Zoning Map to properly reflect a parcel of land as Residential 4,
125 which was previously approved pursuant to Article 40 of the 1997 Annual Town Meeting but which was not
126 reflected on an amended Zoning Map. (See Map following.)
127
D
VON",
A�----
128
129 Article to Amend Zoning Map - Corridor Development District 3 (CDD3)-. To see if the Town will vote to
13,0 amend the Zoning Map for the Town of North Andover to rezone certain parcels of land to properly depict the
131 Corridor Development District 3 (CDD3) originally approved within the CDD3 by Article 38 of the 2008 Annual
132 Town Meeting,shown as a portion of the shaded area depicted on the map,entitled"Amended CDD3 Zoning District
133 Boundary Line", which is on file with the Town Clerk,
134
135 Cr to take any other action relative thereto.
136 Planning Board
4
Town of North Andover
PLANNING BOARD
John Simons, Chairman David Kellogg
Lynne Rndnicki
Lora McSherry
Peter Boynton Aaron Preston,Assoc.
Tuesday Aril 4 2017 7 p.rte 120 Main Street Town Hcdl North Andover MA 111845 a
137
138 Board of Selectmen Recommendation:
139 Planning Board Recommendation: D.Kellogg made a motion for favorable action.P.Boynton seconded the
140 motion. The vote was 5-0,unanimous in favor,
141
142 Vote Required: Two Thirds (213)Vote
143
144
145
146 EXPLANATION: This Article amends the Zoning Map to properly reflect parcels which were originally
147 included within the Corridor Development District 3 adopted pursuant to Article 38 of the 2008 Annual"Town
148 Meeting but which were inadvertently altered when the Zoning Map was re-codified by adoption of Article
1.49 34 of the 2013 Annual Town Meeting. (See Map following.)
150
151
dad CD3 Zoning Digktict �
Boundury Line
Approx.500 t'cat'
centertina ltta,125
A-dolo 3 8 A=ndnaont reducing tlto
/ / �? ,• CDD3 Zoning boundary line for Map
61,Parcel bG and Mag 34,Parcel 3i.
�yYI ''•'� LR ss`. Oa .p0l6 tel.,+"' ✓''f�"'S
� �� �r� � __�*y .�✓'mow.
Proposed Zoning District
011133
IN
152
153 Article to Amend the North Andover Zoning Bylaw- Section 10—Administration: To see if the Town will
154 vote to amend the'Town of North Andover Zoning Bylaw, Section 10 -Administration, by malting the following
155 amendment to Subsection 10.57 Effect of Subsequent Amendments(by identifying text which is deleted as
156 strikethrough and text added as underlined), as follows:
157 101.57 Effect of Subsequent Amendments
158
159 In the case of amendments to this Bylaw or changes in the districts or boundaries subsequent to the date
160 this Bylaw becomes effective,the right to continue the use or maintenance of any building, structure, or premises I
161 which was lawful when such amendment or change, except as provided by statute, specifically: that construction
5
Town of North Andover
PLANNING BOARD
John Simons, Chairman David Kellogg
Lynne Rudnicki Lora MeSheriy
Peter Boynton Aaron Preston,Assoc.
TuesdaV April 4, 2017 k 7 p.nt. 120 Main Street Town Hall,North Andover, A" 01845
162 or operations under a building permit or Special Pen-nit shall conform to any subsequent amendment unless the use
163 or construction is commenced within a period of not less than six(6) m_nth s not more than twelve(12)months
164 after the issuance of the permit(the date of issuance shall be considered to be the date on which the building
165 permit was issued or in the case of a Special.Permit,the date on which the Plan fling Bea special permitgranting
166 authority veted takes final action)and in cases involving construction, unless such construction is e0fitaine
167 continued through to completion as continuously and expeditiously as is reasonable.
168
169 Or take any action relative thereto.
170 Planning Board
171 Board of Selectmen Recommendation:
172 Planning Board Recommendation: L.Rudnicki made a motion ffor favorable action to amend Zoning Bylaw
173 Section 10, as presented,P. Boynton seconded the motion. The vote was 5-0,unanimous in favor.
174
175 Vote Required: Two Thirds (2/3) Vote
176
177 EXPLANATION: This Article proposes to amend Section 10 Administration. M.G.L. c. 40A, see. 6 was
178 recently amended to require a zoning bylaws to extend the time within which a building permit or special
179 permit must be exercised without having to comply with a subsequent zoning amendment.
180
181
182 Article to Amend Zoninf!Bylaw-Section 8: Medical Marijuana Treatment Facilities. To see if the Town will
183, vote to amend the Town of North Andover Zoning Bylaw, Section 8—Medical Marijuana Treatment Facilities, by
184 making the following amendments to Subsections
185 8,12.1, 8.123, 8,12.4, 8.12.6(3)(c), 8.12.6(4)and 8.12.6(6)(b)(by identifying text which is deleted as strikethrough
186 and text added as underlined), as follows:
187
188 8.12.1. Establishment: The Medical Marijuana Overlay District ("MMOD") is established as an overlay district.
189 The boundaries of the MMOD are shown on the Zoning Map on file with the Town Clerk and are described below.
190 Within the MMOD, all requirements of the underlying district(s) remain in effect, except where these regulations
191 provide an alternative to such requirements. Land within the MMOD may be used either for (1) a Registered
192 Marijuana Dispensary("RMD"),in which case the requirements set forth in this section shall apply;And/or(2)a use
193 allowed in the underlying district (inclusive of any other overlay district), in which case the requirements of the
194 underlying district shall apply. If the provisions of the MMOD are silent on a zoning regulation, the requirements
195 of the underlying district shall apply. As to any RMD�use if If the provisions of the NWOD conflict with the
196 requirements of the underlying district,the requirements of the MMOD shall control.
197
198 8.12.3 Boundaries: Boundaries of the MMOD are shown on the Zoning Map and shall include the following
199 parcels as identified on the FY 2014 Assessor's Zoning Map: Map 77 Parcels 3, 12, 13, 14, & 17;and that portion
200 of Mai) 34 Parcel 17 shown on that MMOD Plan dated March ,2017, attached hereto,
201
202 8.12.4 Definitions: where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be
20,3 interpreted as defined in the Humanitarian Medical Use of Marijuana Act, M.G.L. c.94C,App. §1-1, et seq. the
204 "Marijuana Act") and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001,
205 ct seq., and otherwise by their plain language, "Medical Marijuana Facility"means a facility used fog the
206 operation of an RMQ in accordance with the Marijuana
207
6
Town oaf North.Andover
PLANNING BOARD
John Simons, Chairman David Kellogg
Lynne Rndnicki
i" Lora.11%CcSher^ry
Peter Boynton Aaron Preston,Assoc.
Tuesdrr A ril 4 2017(d), ?P.m. 1211 Main Street Torn Holl North AndoverMA 01845
208 Act but is not intended to include any facility that cultivates or handles cannabis for education research or
2019 development pursuant to state or federal laws in conjunction with a state or federal agency or other lawful medical,
210 hospital, educational or research institute or enti which uses are not intended to be limited by this Section 8.12.
i
211
212 8.12.6(3) (c). A copy of its Application of Intent for an RMD€rem submitted to the Massachusetts
213 Department of Public Health("DPH"),
214
215 8.12.6 (4). The SPCA shall,within fine(5)days receipt,refer copies of the application to the Building Department,
216 Fire Department,Police Department,Board of Health,the Conservation Commission, and the Department of Public 1
217 Works. These boards/departments shall review the application and shall submit their written recommendations.
218 Failure to mare recommendations within 35 days of referral of the application shall be deemed lack of opposition.
219
2201 8.12.6(6) (b). No Medical Marijuana Facility which sells or dis eases mar'i'uana to tlYe rablic directl fa'om iCs J
221 h6lity shall have a gross floor area of less than[2,5001 square feet or in excess of[20,000] square feet. Any Medical
222 Marijuana Facilit which is in excess of 20 000 s care feet shall not sell or dis ease directl to the ublic from an
223 location on such property.
224
225 MMOD PLAN
- r
•i'Y
r /
1,
ri 9
sI
w`, • au--r—r, ,.r,wr..v... ;.°t"M: "'"+ma. L yw.mirw Al
226
227 Petition of Thomas E.Lee, et al
228 Board of Selectmen Recommendation:
229 Planning Board Recommendation: Postponed to April 18,2017 Planning Board meeting.
230
231 'Vote Required. Two Thirds (2!3)Vote r
232
233 Article to Amend the Zoning Map to Include Expanded Medical Marijuana Overlay District. To see if the j
234 Town will vote to amend the Zoning Map of the Town of North Andover,Massachusetts by including in the Medical
7
Town, of North Andover
PLANNING BOARD
John Simons, Chairman David Kellogg
Lynne Rudnicki O Lora McSherry
Peter Boynton Aaron Preston,Assoc.
TuesdaVApril 4, 2017 L& 7 p.m. 120 Main Street Town Hall North Andover, MA 01845
235 Marijuana overlay District that portion of Map 34, Parcel 17 shown on that MMOD Plan dated March 3. 2017,
236 attached hereto,
237
238 MMOD PLAN
"o,
0
Mt:
AS
239
240 Petition of Thomas F. Lee,et al
241 Board of Selectmen Recommendation:
242 Planning Board Recommendation: Postponed to April 18,'2017 Planning Board meeting.
243
244 DISCUSSIONS:
245 Authorization to Accept Grants of Easements.To see if the Town will vote to authorize the Board of Selectmen
246 and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility
247 purposes or any public purpose on terms and conditions the Board and Committee deem in the best interest of the
248 Town,
249
250 Or to take any other action relative thereto,
251 Board of Selectmen
252 Board of Selectmen Recommendation:
253 Planning Board Recommendation: Postponed to April 18,2017'Planning Board meeting.
254
255 Vote Required: Majority Vote
256
8
Town of North Andover
PLANNING BOARD
John Simons, Chairman David Kellogg
Lynne Rudnicki Lora MeSheriy
Peter Boynton Aaron Preston,Assoc.
TttesdaV April 4 2017(a-), 7 p.m. 120 Main Street Town Hall, North Andover,AM 01845
257 Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the
258 School Committee to grant easements for access,water,drainage,sewer,roadway and utility purposes or any public
259 purpose on terms and conditions the Board and Committee deem in the best interest of the Town,
260
261 Or to take any other action relative thereto.
262 Board of Selectmen
263
264 Board of Selectmen Recommendation:
265 Planning Board Recommendation: Postponed to April 18,2017 Planning Board meeting
266
267 Vote Required: Two-thirds (2/3) Vote
268
269 Appropriations from Community Preservation Fund: ,Postponed to April 18,201.7 Planning Board meeting.
270
271 Article to Amend the North Andover Zoning Bylaw- Section 8- Supplementary Rep-ulations.To see if the
272 Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8-Supplemental Regulations, by
273 adding Section 8.13 to read as follows:
274
275 Section 8.13. Tem orae Moratorium on Recreational Marijuana Establishments and Retailers
276
277 8.13.1 Purpose
278
279 (1) By vote at the State election on November 8, 2016,the voters of the Commonwealth approved a law
280 regulating the cultivation, distribution, possession and use of marijuana for recreational purposes. The law
281 provides that it is effective on December 15,20,16 and the Cannabis Control Commission is required to issue
282 regulations regarding implementation by September 15, 2017. By vote of the Legislature, the time to issue the
283 regulations was extended until March 15,2018.
284
285 (2) Currently under the Zoning Bylaw,Recreational Marijuana Establishments and Marijuana Retailers are
286 not a permitted use in the Town and any regulations promulgated by the State Cannabis Control Commission are
287 expected to provide guidance to the Town in regulating Recreational Marijuana Establishments and Marijuana
288 Retailers. Further, the ballot measure establishes an important provision that authorizes the'l7own to vote to
289 consider whether to allow on-site consumption of marijuana products, whether to prohibit the operation of one or
290 more types of marijuana establishments in the Town or whether to prohibit all such establishments.The regulation
291 of Recreational Marijuana Establishments and Marijuana Retailers raise novel and complex legal,planning, and
292 public safety issues and the Town needs time to study and consider the regulation of Recreational Marijuana
293 Establishments and Marijuana Retailers and address such novel and complex issues, as well as to address the
294 potential impact of the State regulations on local zoning and to undertake a planning process to consider amending
295 the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments and Marijuana Retailers and
296 other uses related to the regulation of recreational marijuana.
297
298 (3) The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for
299 Recreational Marijuana Establishments and Marijuana Retailers so as to allow the Town sufficient time to engage
300 in a planning process to address the effects of such structures and uses in the Town and to adopt provisions of the
301 Zoning Bylaw in a manner consistent with sound land use planning goals and objectives.
302
303 8.13.2, Definitions
304 (1) Manufacture: to compound, blend,extract, infuse or otherwise make or prepare a marijuana product.
9
Town of'North Andover
PLANNING BOARD
John Simons, Chairinan r David Kellogg
Lynne Rudnicki Lora McSherry
Peter Boynton Aaron Preston,Assoc.
TtiesdaE April 4,2017(4) 7 pin. 120 Main Street Town Hall,North Andover, AM 01845
305 (2) Marijuana accessories: equipment, products, devices or materials of any kind that are intended or designed
306 for use in planting, propagating, cultivating, growing, harvesting, mall Ufacturin g, compounding, converting,
307 producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting,
308 inhaling or otherwise introducing marijuana into the human body.
309 (3) Marijuana cultivator: an entity licensed to cultivate, process and package marijuana,to deliver marijuana
310 to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
311 (4) Marijuana establishment: a marijuana cultivator, marijuana testing facility, marijuana product
312 manufacturer,marijuana retailer or any other type of licensed marijuana-related business.
313 (5) Marijuana product manufacturer: an entity licensed to obtain,manufacture, process and package marijuana
314 and marijuana products,to deliver marijuana and marijuana products to marijuana establishments and to transfer
315 marijuana and marijuana products to other marijuana establishments, but not to consumers,
316 (6) Marijuana products: products that have been manufactured and contain marijuana or an extract from
317 marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients
318 that are intended for use of-consumption, including edible products, beverages, topical products, ointments, oils
319 and tinctures.
320 (7) Marijuana testing facility: an entity licensed to test marijuana and marijuana products, including
321 certification for potency and the presence of contaminants.
322 (8) Marijuana retailer an entity licensed to purchase and deliver marijuana and marijuana products from
323 marijuana establishments and to deliver, sell of-otherwise transfer marijuana and marijuana products to marijuana
324 establishments and to consumers,
325
326 8.13.3. Temporary Moratorium.
327 For the reasons set forth above and notwithstanding any other pl'MiSi011 of the Zoning Bylaw to the contrary,the
328 Town hereby adopts a temporary moratorium on the use of land or structures for Recreational Marijuana
329 Establishments and Marijuana Retailers. The moratorium shall be in effect through June 30, 2018, During the
330 moratorium period,the Town shall undertake a planning process to address the potential impacts of recreational
331 marijuana in the Town, consider the Cannabis Control Commission regulations regarding Recreational Marijuana
332 Establishments and Marijuana Retailers and related uses, determine whether the town shall restrict any, or all,
333 Recreational Marijuana Establishments and Marijuana Retailers, determine whether the town will prohibit on-site
334 consumption at Recreational Marijuana Establishments and Marijuana Retailers and shall consider adopting flew
335 provisions of the Zoning Bylaw to address the impact and operation of Recreational Marijuana Establishments and
336 Marijuana Retailers and related uses.
337
338 8.13.4. Severabilily.
339 The provisions of this By-law are severable. If any provision, paragraph, sentence, or clause of this By-law or the
340 application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not
341 affect the other provisions or application of this bylaw." or take any action relative thereto.
342
343 Or to take any other action relative thereto,
344 Board of Selectmen
345 Board of Selectmen Recommendation:
346 Planning Board Recommendation: Postponed to April 18,2017 Planning Board meeting.
347
348 Vote Required: Two Thirds (2/3) Vote
349
350
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Town of'North Andover
PLANNING BOARD
John Simons, Chairman � rr�. ,y, DavirllVellogg
Lora McSherry
Lynne Racri'nrclCi II
Peter Boynton Aaron Preston,Assoc. J
TuesdaV April 4 2017 7 p.m. .I20 Main Street Town Hall North Andover, ll'IA 01845
352 Explanation: The Board of,Selectmen is requesting that the Zoning Bylaws be amended to place a
353 moratorium on locating Recreational Marijuana Establishments and Retailers until,lune 30,2018.
354 The Moratorium will allow the Town sufficient time to consider creating zoning bylaws regulating
355 the location and siting criteria of Recreational Marijuana Establishments and Retailers.As laid out
356 in the initiative passed on November 8,2016 and extended by the legislature,the Cannabis Control
351 Commission must set forth regulations on the sale and use of recreational marijuana by March 15,
358 2018. Due to this lag time and the failure of the law to describe the criteria by which the
359 establishments will be evaluated for the purposes of obtaining licenses and the conditions of any such
360 license, the Town is seeking a temporary moratorium on recreational marijuana establishments and
361 retailers so that the Town can await guidance from.the state on the various :rules and regulations that
362 will eventually be determined by the Cannabis Control Commission.This moratorium will expire an
363 June 30,2018.It is anticipatedthat the Town will;repeal the temporary moratorium during the
i
364 Annual Town Meeting of 2018 and replace it with an applicable zoning bylaw.An identical process
365 was followed in 2013 when the Town enacted a temporary moratorium on medical marijuana
366 dispensaries and replaced it with a zoning bylaw.
367
368
369 Adam Baronovsk -Atty. for proper owner at 1600 Osgood Street&Torn Lee, resident of North Andover
370 &representative of the landowner:,We are here to propose changes to your zoning bylaw. (8.121)The idea is to
371 create an Overlay District at 1600 Osgood that would allow an applicant to come before the Planning Board on a
372 Special Permit to operate a Registered:Medical Dispensary cultivation facility. Currently your language states that I
373 in a Medical'Marijuana Overlay District,you can operate a Registered Medical Dispensary, or whatever the 1
374 underlying zoning permits;but because of the size of the building, we changed the language to reflect that you can
375 operate an Registered Medical Dispensary, "armed"another use that's allowed,either in another Overlay District, or,
376 in the underlying zoning. Currently,there are other tenants in the building; allowing a cultivation facility
377 "exclusively" or if they have a cultivation facility, as"part"of the facilityI,
378 M.Rosen,Atty.: There were fourlanguage changes(1)We changed the title on the warrant article for 8.12 from
379 "Medical Marijuana Treatment Facility" to match"Overlay District"the warding in your;Bylaw;we agreed it
380 should be revised to match your terminology-"Medical Marijuana Overlay District"; (2)We revised the map and
381 the date on the map which has been resubmitted; it doesn't alter the property in any way(3)Article 8.12.4-we
382 added language and didn't show the rest of 8.12.4 We were asked us to insert your language in the text and not
383 show it as being stricken in the text of the warrant,without any changes to it. (4)J.Enright is analyzing the word
384 "facility"as it is already drafted in the bylaw, and would like us to use a better term to make it flew moire
385 consistently.
386 T. Lee: This is strictly medical marijuana,there will not be any recreational-marijuana at this facility.The property,
387 is potentially a million sq;ft. and that will be reflected under the zoning!
388 M.Rosen: Section 8.12.6 cur-rently states you can use any medical marijuana use that is allowed by law in a
389 facility for 2,500�2090Q0 sq. ft. We want to change it so that if you are in excess of 20,000 sq. ft.you cannot sell or,
390 dispense. We'want a cultivation research and development facility, no sales or dispensary.Any medical marijuana
391 facility in excess"of 20,000 sq. ft,; shall not sell or dispense to the public"on such property"r
392 L. McSherry: Why are you cutting outpieces'ouk2
393 M.Rosen: It has to do with the laws;the state law says you cannot have a cannabis use facility within 500 ft, of a
394 place were children congregate;your Town law says you cannot have a cannabis use facility within 500 ft. of"a'
395 property"where children congregate.Behind one of the omitted parcels there's a.Police Station; behind that!
396 there's a property(491 ft.from the property line)where children do gymnastics, so we omitted that making it
397 approx.1,000`fit.from where children do gymnastics.A'school for example would have to reconsider. 1
398 L. McSherry You're affecting the vwhole corridor.You're preventing other certain`businesses from operating r
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Town of'North Andover
PLANNING BOARD
John Sinions, Chairman David Kellogg
Lynne Rutinicki Lora McSheriy
Peter Boynton Aaron Preston,Assoc.
TuesdaV April 41 2017 C&, 7 p.m..120 Main Street Town Hall, Not-Ili Andover, MA 01845
399 M. Rosen: We took out the parcel of land used for the annual carnival leaving it to the Town's discretion;the
400 soccer fields and sports programs would dissolve. We will have to negotiate with LazerCraze. We are looking at
401 the Bylaw and examining all the regulations, The plan will include coming before you for Site Plan Review and
402 Special Permit. We envision a medical campus.
403 L. Rudnicki: You will have a right to open a recreational use if you open a medical facility,
404 M. Rosen: We are trying to create a state of the art research and development center that has cannabis at its core.
405 We are pairing with the brightest in the world to create a medical campus. We have no intentions to compete with
406 urban dispensaries. The name for the non-profit entity is going to be"Valley Green Grow", We can propose
407 language that reflects our intentions into the warrant article, i.e. "within this parcel there shall never be retail
408 sales."We can place a covenant or any restriction on the property that prohibits retail sales. We will see where the
409 laws go when it comes to recreational cultivation. We believe we have created a phenomenal proposal for a
410 facility to support for example the study of greenhouse gases,higb efficiency lighting;we have a substation and
411 solar energy on site,pharmaceutical research &development can occur here for institutions such as hospitals
412 studying epilepsy and stomach disorders; educational facilities with study labs and technicians;THC breathalyzer
413 development; agricultural water use methods, etc. We have launched the website:theosgoodproject.or�,
414 J. Simons: We should invite Town Counsel to our next meeting.
415
416 MMUTES APPROVAL
417 MOTION: L. Rudnicki made a motion to approve the March 21,2017 minutes, P. Boynton seconded the motion.
418 The vote was 5-0, unanimous in favor,
419
420 ADJOURNMENT
421 MOTION: P. Boynton made a inotion to adjourn the meeting. The motion was seconded by L. MeSherry. The
422 vote was 5-0, unanimous in favor. Meeting adjourned @ 9:00 p.m.
423
424 MEETING MATERIALS:Planning Board Meeting Agenda April 4,2017;DRAFT"Planning,Board Minutes March 21,2017 Warrant
425 Article XX,James Stanford.DPW Director:Article XX:Appropriation-Capital Improvement Plan for Fiscal Year 2018 handout; 1975
426 Salem Street ANR: ANR Plan,Submission2—170316; 1099 Salem Street Kindred Homes,Paul Marchion4q:Chapter 160._Stormwater
427 Bylaw,CONCEPTUAL PLAN-LAND DISTURBANCE WITH SWMA,Correspondence JH&LE 170327,Driveway Alternatives,
428 Grading Plan 3 1 17,LOCUS,NOI Plan Rev 3-30-17,Revised plan and driveway alternatives-170330,Site Plan,;58 Country Club Circle
429 WSP:Continuance 170418;315'fu WLik ;Color Rendering,DPW Comments 170331,Fire
430 Comment 170329,Gildea Hall Decision,Health Comments-170310,MC Athletics-Site Plan Review Application,MC Athletics-Site
431 Plans-Stamped [2017-03-021,MC Sakowich-Si te Plan Review Application,MC Sakowich-Site Plans-Stamped[2017-03-02],Over-all
432 Campus Graphic,Police Comments 170310,Supplemental Photos—PB Meeting 170404;Article to amendfowWs Zoning Map-Parcel
433 009.0-074-0000,0 ATM Zoning Articles 24 Baldwin Street:2015 Zoning Map,Article 40 Atty.Gen Approval,Article 40 Clerk Certified
434 Vote,Article XX Baldwin Street Map Amendment,Lot C-I (approximately 20 Baldwin Street);Article to amend Town's Zoning Map
435 (Corridor Development District 3 :2008 ATTORNEY GENERAL APPROVAL,2008 Clerk Certified Vote,Article XX CDD3 Map
436 Amendment,CDD3 2008 Approved Map,Past Zoning Maps;Article to amend Zoning Bylaw Section 10-Administration,Subsection 10.57
437 Effect of Subsequent Amendments:Article XX Effect of Subsequent Amendments,Section of MGL Ch 40A Sec 6;Article to amend
438 Zoning Bvlaw Section 8 Subsection 8.12: Zoning Bylaw EXISTING Sub Section 8.12,PB Meeting Handout 170404,municipal-guidance-
4339' august-2016, 170324,Amend Bylaw Section 8.12 MMOD Article 8, 170324 A,Maylo,r BOS email(1), 170323 moratorium-effect
440 registered med P
marijuana;marii ,Article to Amend the Town's Zoning Map:Osgood St Property Record Cards,MMOD Map Amendment Article
—
441 XX,Locus with 4 parcels,5723-MMOD EXHIBIT(no image,no color),5723-mmol exhibit(color,image), 1600 Osgood Street 2008
442 ANR Plan no 15933;Warrant Article XX:Recreation Marijuana Moratorium: Recreational Marijuana Moratorium Article XX.
12