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HomeMy WebLinkAbout2017-05-02 Planning Board Minutes 6o -6-90 Town of North Andover PLANNING BOARD John Simons, Chairman � ' ". Lora HcSherry I ynne Rrr0nicki O ,'� � ��". Aaron Preston,Associate 1lfl0,1,,%�JIIF�. Peter Boynton i Tuesday May 2 2017 7 .m. 120 Hain Street Toxon Hall North Andover MA 01845 1 Present: J. Simons,L. Rudnicki, P. Boynton,A. Preston 2 Absent: L,McSherry 3 Staff Present: J. Enright,R. Oldham B. Wolstromer 4 5 J. Simons Chairman: The Planning Board meeting for Tuesday,May 2, 2017. was called to order at 7 p.m.. b 7 PUBLIC HEi AI2INGS 8 CONTEVUED PUBLIC HEARING• Kindred Homes. 1099 ,Salem Street Paul Marchionda: Application for 9 Special.Permit for Frontage Exception under sections 7.2.2, 10.3 and 10.31 of the North Andover Zoning 10 Bylaw. The Applicant proposes to subdivide the existing 7,4+/-acre parcel into two (2)lots. The property is I I located in the Residential 2(R-2) zoning district. (Continued to Janne 6, 2017 Planning Board nnetingl 12 13 CONTINUED PUBLIC HEARING: 58 Country Club Circle: Application for a Watershed Special.Permit 14 under Sections 4.136, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Applicant proposes to construct a 15 retaining wall, in ground pool, spa,walkway,patio, fence and associated grading and landscaping in the Non- 16 Discharge Zone and Non-Disturbance Zone. The project is located within the Residential 1 (R-1)Zoning District. 17 [Continued to June 6, 2017 Planning Board nnetingj 18 19 CONTINUED PUBLIC HEARING: 102 South Bradford Street Greg Penney: Application for a Watershed 20 Special Permit under Sections 4.136, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Applicant proposes 21 to construct a 440 square foot addition and a 168 square foot screened in porch off of the existing home in the 22 Non-Disturbance and Non-Discharge Zone; the project is located within the Residential 1 (R-1)Zoning District. j 23 R. Oldham: There were outstanding questions regarding the gross floor area and a second floor addition at the last 24 hearing. A Watershed Special Permit for the second floor addition was granted in 1990. Additionally,a Special 25 Permit by the Zoning Board of Appeals (ZBA)was granted for a 25%increase in 1999. The 1999 bylaw at that 26 time stated"construction of any accessory structure or expansion of an existing structure 25% or more of the gross 27 floor area of the existing structure". In 2006,the bylaw changed to state"if the existing structure is larger than. 28 2,500 sq. ft.the applicant can expand by 25%and if less than 2,500 sq. ft. it can expand by 50% The Building 29 Commissioner agrees that the effective square footage includes the two stories of the main dwelling(excluding the 30 breezeway and garage). The existing building,in 2006 sq. ft. was 1,836 sq. ft. 31 John Smolak, AAy. for applicant, Gregory Penney: There are two issues: 1) How you define,"gross floor area" 1 32 and 2)how you define, "existing building". The gross floor area calculation leaves us with 1,872 sq. ft. and since 33 the square footage is less than the 2,500 sq. ft. allowance,we're able to expand up to 50'% of the existing building 34 which would be 932 sq. ft.;we are only expanding 400 sq. ft. (under the 25%)Iii my opinion,this proposed 35 expansion fits in within the watershed regulations for expansion. 36 Board:A formal response is warranted from the Building Commissioner as well as a confirmation from Town 37 Counsel regarding the 2006 establishment of the"existing structure".No other substantive issues remain. 38 [Continued to June 6, 2017 Planning Board meeting] 39 40 NEW PUBLIC HEARING: 1+665 Great Pond Road Tom.Zahoruilko: Application for a Watershed Protection 41 District Special Permit under Sections 4.1.36, 1.0.3 and 10.31 of the Zoning Bylaw to modify the Watershed 42 Protection District Special Permit approved on April 5,2016 to authorize the reconfiguration and replacement of 1 1 i Town of North Andover PLANNING BOARD John Simons, Chairman Lora McSherry Lynne Rudhicki Aaron Preston,.Associate Peter Boynton TuesdaV May 2, 2017(u, 7 p.m. 120 Main Street Town.Hall,North Andover,AM 41 145 43 the existing driveway with stormwater and drainage enhancements and install a patio and in ground pool. The 44 project is located in the Residential 1 (R-1)Zone. 45 R. Oldham: This is a modification to an original perinit approved on April 5, 2016. that addresses the unfinished 46 portion of the lower half of the original driveway, patio expansion and installation of an in-ground pool within the 47 watershed. Storrnwater mitigation has been proposed for the project and reviewed by the Stormwater consultant. 48 The Applicant is before the ZBA for a new structure in the Watershed and Conservation for an RDA. 49 T. Zahoruiko: Explained two components to the proposed modification(1)to complete and improve the driveway 50 (2)the infiltration trench around patio and pool areas. The town engineer has reviewed the design of the driveway 51 implementing a trench drain which feeds into ata infiltration bed on the cast side of the driveway. The lower 52 portion will be directed to the east away from the drop inlet to the west. We tools out pavement reducing pervious 53 area at the intersection to the road and are removing the existing entrance walls to ground level;the area will be 54 foamed and seeded. The patio and pool area will receive an infiltration drench around all of the impervious areas. 55 L. Rudnicki: In the pool area, are you expanding the edge of clearing from before? 56 T. Zahoruiko: No;there's no clearing there. There are two compromised evergreens that I can replace with four 57 good sized plantings. I expressed this with Conservation. 58 P. Bo nom: The acute proximity of this site to the lake and potentially impacting our drinking water supply 59 concerns me.I would Tike to see the maximum application of hest practices applied. 60 BOARD: Discussed alternative driveway designs and encouraged the applicant to explore any other best practice 61 that could be incorporated in the design. 62 [Continued to June 6, 2017 Planning Board meeting] 63 64 NE"'VV"PUBLIC HEARING: 1975 Salem Street(alta 0 Salem Street),Phil Christiansen: Application for a 65 Land Disturbance Permit in connection with proposed construction of three detached single-family homes with 66 site grading, driveways, and service utilities.The property is located in the Residential 2(R-2)zoning district, 67 [Continued to June 6, 2017 Planning Beard nieetingl 68 69 DISCUSSIONS 70 1211 Osgood,Harry Kanellos: 71 R. Oldham: On January 9,2004 the North Andover Planning Board voted to grant a.Site Plan Review Special 72 Permit to construct the commercial property located at 1211 Osgood Street.A restriction was placed in the 73 Decision that prohibited a restaurant due to parking limitations. In October 2014 the Planning Board approved a 74 modification to the Decision to allow a restaurant with a condition of two parking reports to be submitted, one 75 within 6 months of the restaurant opening and one within 12 months of opening. We received the first parking 76 study on September 30th which found that there is currently sufficient parking for the restaurant. The Applicant is 77 now due to show the parking study at 12 months. The study was conducted this past weekend and shows that there 78 is sufficient parking. 79 H. Kanellos: Gave a parking update; at the last meeting I requested an additional 10 seats. We opened the business 80 at the mid-end of February. 81 L. Rudnicki: What will the Building Commissioner require for additional parking with 10 additional seats?Two 82 months into a business you hope you would double your business as is. Is the property fully occupied? 83 H. Kanellos: Our business is a quick in and out in twenty minutes.The exercise business is closed on Friday and 84 Saturday nights; the property is frilly occupied. M-T-W we are open until 8 p.m., Th-Fri until 9, Saturdays until 8, 85 Sundays we are closed. 2 Town r f North Andover PLANNING BOARD 1 J John Simons, Chairman • ' Lora McSherry Lynne Rudrricici ��1i�c ���^' ,���y�'• Aaron Preston Associate PeterBoynton s f Tuesday May 2, 2017(a 7 p.m. 120 Main Street Town Hall, North Andover,MA 01845 86 R. Oldham: We are unsure as to how the Building Commissioner classified this use. 87 L. Rudnicki; There was a restriction on having restaurants on the property, there was a waiver on the bakery which 88 had ten seats and you want to double that with twenty seats. 89 H.Kanellos: The total square footage is 2,094 sq. ft. We have four tables with chairs and we have four high top 90 tables without chairs; per the Building Commissioner,I was told those didn't count as chairs. 91 J. 'Simons: Let's get a determination from the new Building Commissioner. 92 93 94 Kaaren Conard MVPC Executive Director: Regional.Housing Plan presentation. 95 96 K. Conard &Angela Vincent: Explained the $150K grant to organize a regional housing production plan to help 97 communities achieve 10% affordable housing stock. 98 A. Vincent: The goal is to develop a regional plan and a local plan for each community. Our goal is to complete 99 our plan in December. Even if your community achieves affordable units the dynamic tends to fall out of status 100 over time; the goal is to maintain at least 10%. 101 J. Enright: Our existing plan expired in 2012. We will use this plan to build upon. 102 A. Vincent: Presented parts of the process, i,e, website tools and social media to involve various age groups in the 103 process, engage ongoing master plan effort, data collection, regional open houses, community workshops, local 104 community needs assessments, etc. We are looking for feedback on single-family, multi-family, senior and 105 affordable housing. 106 J. Simons: As part of the process, I suggest you entertain local developers who have a good understanding of the 107 marketplace, consider density issues amongst the 12 communities. 108 K. Conard: We are seeking diversified community interest, real estate agents, Elder Services, Directors of Council 109 on Aging, Housing Authority, Planning, 7BA,, Affordable Housing representatives, Bread & Roses, community 110 development corporations, CPC. North Andover's SHI currently shows at 8.5%m overall; Boxford is at 0.95; W. 111 Newbury is at 2.2%. The region overall is over 10% aggregate. 112 J. Simons: North Andover has an enormous amount of very moderately priced, market rate affordable housing and 1.13 it's been affordable for a long time; why don't we get credit for that? 114 K.Conard: For a unit to count,it has to be deed restricted; it's only eligible for persons of a certain income and most 115 of the time they don't income qualify;a subsidy and subsidizing agency run that unit through the process. Ironically, 116 you have a lot of"Small-A"affordable, but not certified deed restricted. It is exciting that North Andover is a CPA 117 community because you have those funds.. 118 A.Vincent: We will culminate the presentation of the plan during January and after local approval it will go to DHC 119 for approval. 120 s 121 Article 24: Appropriation —Capital improvement PIan for Fiscal Year 2018. To see if the Town will vote to t 122 fund the Capital Improvement Program as listed under the heading"Board of Selectmen/Finance Committee/Town 123 Manager Recommendations" and with the language included, 124 3 Town ofNorth Andover PLANNING BOARD John Simons, Chairman • ' Lora McSherry Lynne Rudnicki Aaron Preston,Associate Peter Boynton TuesECav Mav 2. 201 7k?L.m. 120 Main Street Town Hall North Andover MA 01845 FYIS GIP Recommendations Maard er Solantman „aietbanzad qa Flnanaa Oammitfea Marrow ur'der ------ .e..W..as .. IMrents.Chaalar Eerninesf Prea Tawn Wlanaaer 00 GPA&Sawa Rahe$- Ca�AMOP Mxaass dand Lina ft Pradawg uaswdpgian rlmaammandalrans R.vl Awaraorlxl'ad Ste5111-11— Prwaeads Chq .r 4d 1 Facilities Master Plan $ '6 647.500 $ - $ - $ (4,000,000) $ - $ 2,647„500 2 Playground improvements(Townwide) S 50,000 $ - $ - $ (50,000) S - $ - a Municipal IT(FY18-FY22) $ 50,000 $ - $ - $ (50,000) $ - $ - 4 Forestry Vehlole $ GG,000 $ - $ - $ (85,000) $ - $ - S �Rroldway Improvements(FYI B-FY22) $ 5,210,000 $ (620,000) S - S - $ - $, 390,000 6 Sidewalks(FYI 8-FY22) $ 75,000 $ - $ - $ - $ (20,765) $ 45,235 7 Water&High Street,Lights,Road&Streetseape(FY18) $ 475,000 $ - $ S - $ - $ 475,000 a Building Maintenance(FYI B-FY22) $ 225,000 S - $ - $ - $ - $ 225,000 e Sport.-Turf Fietd Surface Replacement $ 750,000 S - $ - $ (750,000) $ - $ - 10 School IT(FY18-FY22) $ 100,000 $ - $ - $ - $ (22,123) $ 77,077 General Fundoto $ 9,047,800 $ (820,000) $ - $ (4,916,000) $ (60,889) $ 3,861,612 1t Ozone System S 2,200;000 S - $ - $ (1,212,500) $ (84,381) $ 093,119 I�'I 12.. Ch.ill—I Storage Tank&Feed System Improv. $ 225,000 $ - $ - $ - $ 225,000 Water Enterprise Fund Total $ 2,426,000 5 - $ - S (1,212,600) S (94,301) $ 1,110,119 13 improvements to various Pump Stations S 1.00,000 $ - $ - $ (100,00(1) $ - $ - Sewer Enterprise Fund Total $ 100,800 $ $ $ (100,000) $ $ 14 Main£louse Boiler&Plumbing Improvements $ 75,000 S - $ - S (75,000) $ - 15 Exterior InfrastructurelGrounds.Improvements $ 35,.000 $ - $ - $ (35,000) $ - stewens Estate Fund Tota $ 110,000 $ - $ - $ 1110,000) $ - $ - Total All Funds $ 12,292,600 $ (820,000) $ $ (6,337,640) $(146,269) $ 4,979,731 that to meet this appropriation: (I)Tire"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 1,5A7,13,10,11 and.12 under chapter,44 of the Massachusetts General Law or any other enabling authority and that any premium received by the Tocsin upon the sale of any Fonds or notes approved by this vot,less any such premium applied to the payment of the costs of issuance of such bonds or notes,may be applied to,the payment of costs 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(in part).,2,3 and 4 above shall be funded with Free Cash in the amour of$4,165,000; (3)The appropriation for item 9 above shallbe funded with a transfer from Capital Stabilization Fund in the amount of$75(x,001); (4.)The appropriations for items 6 and,10 above shall be partially funded with excess bond proceeds in the amount of$50,888; (5)Tire appropriation for item I i above shall be funded in park with Waiter Enterprise fund retained earnings in lire amount of$1.,'?'12,500 and in part with excess bond proceeds in the amount of$94,3£31.; (6)The appropriation for item. 13 above shall be funded with Server 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 125 in the amount of$110,000, 126 or to take any other action relative thereto,. 127 Town Manager 128 Planning Board Recommendation: Favorable Action Recommended on Article 24. P. Boynton made a motion 129 to recommend favorable action on Article 24. L. R udnicki seconded the motion. The vote was 4-0, unanimous in 130 favor. 131 Vote Required; Two-thirds (213)Vote 132 133 134 EXPLANATION: A Capital Improvement Plan (Cl[P) consists of projects that are major, non-routine 135 expenditures for new construction, major equipment purchase, or improvement to existing buildings, 4 Town of North Andover PLANNING BOARD John Simons, Clia rmmn � ' Lorre McSheriy Lynne Rurinicki ISA Aaron Preston,Associate ,�,��A��, ���'rn-�• Peter Boynton f� TuesdaE MaE 2 2017 7 p.m. .120 Main Street Town Hall North Andover MA 01845 136 facilities, land or infrastructure with an estimateduseful life of five years or more, and a cost of$25,004 or 1.37 more.Items in this plan are funded by debt; the Town will issue bonds of 14,15 or 20 years(depending upon 138 the project) and pay principal and interest payments over that term. The bonds may be general obligation 139 (funded by the general tax levy) or special obligation (funded by water or sewer rates). I 140 141 J.Enright: We received a letter from the MA Housing Partnership. They have received a request for a determination 142 of Project Eligibility from Sutton Street Redevelopment, LLC for 505 Sutton Street, the former Knights of 143 Columbus. As currently proposed, the development will consistof 164 residential units, of which 41 units would 144 be affordable to households at 80% of median income. There will be a site visit this Thursday at 11 am with MA 145 Housing Partnership. Local officials and residents are welcome to attend. i 146 147 MEETING MINUTES: 148 MOTION: L. Rudnicki made a motion to approve the April 18, 2017. meeting minutes.. The motion was seconded 149 by P. Boynton. The vote was 4-0,unanimous in favor 150 MOTION: L. Rudnicki made a motion to approve the April 25,2017. meeting minutes. The motion was seconded 151 by P. Boynton. The vote was 4-0, unanimous in favor. 152 153 ADJOURNMENT 154 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by L. Rudnicki. The 155 vote was 4-0, unanimous in favor. Meeting adjourned @ 8:20 p.m. 1.56 157 MEETING MATERIALS: Planning Board Meeting Agenda May 2,2017;DRAFT Planning Board Minutes April 18,2017 158 &April 25,2017;1099 Salem Street Paul Marchionda: Continuance-170415;,58 Countr Club Circle: 159 Continuance_170427;102 South Bradford Street Greg-Penne : Stormwater Review-Review#2_1.70403,Review#- 160 1_70329,Response Comments-Response Comment 170331,Prior Decision and Plan- 19990519 PLAN OF LAND 161 RECORDED, 19990519 DECISION,Department Comments-ConCorn Comments 170328,Building Commissioner Ruling 162 on GFA,Updated.Site Plan-170324,Locus,Updated Table,Application, 1999 Variance; 1665 Great Pond Road: 163 Stormwater Review-Review#1...170420,Review#2_170426,Pre-Construction Driveway Pictures 160510-Thumbs, 1605 10 164 Driveway Pies 1-7,Department Review-DPW J. Borgesi_170426,DPW TWillet,Approved Decision-Decision _160405, 165 Applicant Response Letters Applicant Response-17042 1,Plan170328,LOCUS,LOCUS(Closer view); 1975 Salem Street: 166 Department Comments-DPW Comment T.Willet_'170411,Fire Cominents I70414,Health.Comment—170412, Site Plan- 167 SPERMI'T"sheets 1-4,Application,Continuance 170606,Peer Review 91_170427; 1211. Osgood Street:Traffic 168 Report 6months 160930,Decision, SPR Parking Update-Kanellos 161.212,Parking Report 170502;Annual Town Meeting 169 Rarrant Article 24:Article 24;MVP C: 2017 Merrimack.Valley Regional Housing Plan. 5