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HomeMy WebLinkAbout2017-07-25 Planning Board Minutes Town of North Andover .PLANNING BOARD John Simons, Chairman •' Eitan. Goldherg .Peter Boynton ��(�iW�i�;� ���� tib • Aaron Preston �« Christine Allem,Associate Jennifer Luz i TuesdaVJuIV 25, 2017k 7 .m. 120 Main Street Town Hall NorthAndover,MA 01845 1 2 Present: J. Simons, P. Boynton,J.Luz,E. Goldberg,A. Preston, C.Allen 3 Absent: 4 Staff Present: R. Oldham, B. W olstromer 5 6 J. Simons, Chairman: The Planning Board meeting for Tuesday,July 25, 2017 was called to order at 7 p.m, 7 �. 8 BONDIIELEA.SE: 9 1600 Osgood Street,Osgood. Solar,LLC 10 R. Oldham: On July 5, 2016 the Planning Board voted to allow the installation of 3.6 Megawatt(approximately 11 10,300 solar modules)ground mounted solar photovoltaic arrays, inverter/transformer stations on concrete pads, 12 utility disconnects, and underground wiring and conduit, and the creation of eight(8)new parking spaces in the 13 Industrial 2 Zoning District.As per the conditions of the decision,the Applicant has submitted a letter from the 14 engineer of the project stating that the Project construction and layout substantially comply with the Plans. 15 referenced at the end of the Decision; they have also submitted a letter from the engineer certifying that the 16 lighting meets minimum Illuminating Engineering Society(IES) standards for the Project area and they have 17 submitted a final as-built plan. Staff conducted a site visit and it was found that a catch basin was not draining 18 properly;the Applicant addressed the concerns and corrected the issue and has complied with all the conditions 19 put forth by the Board. 20 MOTION: J. Luz made a motion to approve the bond release plus accrued interest for 1600 Osgood Street, 21 Osgood. Solar,LLC. E. Goldberg seconded the motion. The vote was 5-0, unanimous in favor. 22 23 1.661 Great Pond Road (aha Adjacent to 1665 Great Pond Roads 24 On July 2,2013 the Board voted to allow the construction of a single family dwelling unit and driveway, 25 demolition of an existing shed, installation of utilities, stormwater management facilities and associated grading on 26 an undeveloped parcel within 1.00 feet of a wetland and within 250 feet of Lake Cochichewick in the Non- 27 Disturbance and Non-Discharge Zones of the Watershed Protection District. Per the conditions of the Decision the 28 Applicant submitted an as-built plan and letter from the architect and engineer of the project stating that the Site 29 complies with the plans referenced at the end of the Decision. There are photos of the completed project that were 30 included in your packet, 31 E. Goldberg: The certification letter states the project was completed within"reasonable compliance"of the 32 approved plan and the other letter for the project discussed before refers to"substantial compliance". Going 33 forward,the decision and stamped letter should be consistent to refer to"substantial compliance's with the 34 approved plans. 35 T.Zahoruiko: Different communities use different semantics; it was not an intentional distinction. f 36 MOTION: E. Goldberg made a motion to approve the band release plus accrued interest for 1661 Great Pond f 37 Road (aka Adjacent to 1665 Great Pend Road), P. Boynton seconded the motion. The vote was 5-0,unanimous in 38 favor. 39 40 ANR 41 1099 Salem Street: 42 The Board granted the Applicant a Frontage Exception Special Permit. An.R2 requires 150 feet of j 43 Frontage,Lot 1 has approximately 82 feet and Lot 2 approximately 52 feet, The Special Permit grants the 1 � I i Tien o'North Andover PLANNING.BOAR, John Simons, Cliairnxan • - Eitan Goldberg Aaron Preston Peter Boynton p Jennifer Luz �'%�. w Christine Allen,Associate TuesdaV JuL 25 2017 k 7 p.m. 120 Main Street Town Hall North Andover M 01845 44 Applicant the exception from the required 150 ft., and the plan complies with all other regulations concerning 45 public safety access,public way, and CBA. As part of the original permit there were conditions that apply, i.e.the 46 Applicant would stake the field and that the DPW would confirm via AutoCAD that they will not disturb over an 47 acre and they will watch the project;the Health Dept.just accepted the septic design for both lots 1099 and 1087.1 48 visited the site with the Conservation Administrator to confirm the erosion control was in place;they have thus 49 met the conditions set forth. 50 MOTION: A. Preston made a motion to direct the Planner to sign the ANR for 1099 Salem Street. J. Luz 51 seconded the motion. The vote was 5-0, unanimous in favor. 52 53 PUBLIC HEARINGS 54 CONTINUED PUBLIC HEARING: 1975 Salem Street: aka 0 Salem Street Phil Christiansen: 55 Application for a Land Disturbance Permit in connection with proposed construction of three detached 56 Single-family homes with site grading, driveways, and service utilities. The property is located in the 57 Residential 2 (R-2)zoning district. The Applicant requests to continue to the August 15, 2017 meeting. 58 [Continued to the August 15, 2017 Planning Board meetingl 59 60 NEW PUBLIC HEAIHNG: 0 Great Pond Road and 11.93 Great Pond Road North Andover Solar 61 LLC.: Application for a Land Disturbance Permit in connection with development of a 1.1 megawatt, 62 Ground mounted photovoltaic array over approximately 5 acres of a 33.26 acre parcel located across Great 63 Pond Road from the Brooks School. The property is located in the Residential 2 (R-2),Zone. This Public Hearing 64 will not be opened due to inadequate Public Notice(not all abutters received notice within the 300 ft. radius) 65 therefore this project will be re-noticed and opened on August 15, 2017. 66 [This hearing*was not opened and will be opera ed at the August 15, 2©17 Planning Berard meetinggl 67 68 DISCUSSIONS 69 1600 Osgood Street/MMOD Petition,Hooks Johnston Ill Temporary Moratorium on Recreational Marijuana Establishments and Retailers 71 J. Simons: This original petition did not pass at the Annual Town Meeting; we want to address this issue in a 72 comprehensive manner and hope to work collaboratively to understand what the applicant is intending to do and to 73 decide on the process by which we craft a bylaw. This is the first step in a lengthy process and an open ended 74 "dialogue"with the applicant. 75 Hooks Johnston 35 Cochicbewick Drive North Andover: 1 have lived in North Andover for 6 years and in 76 Andover for 30 years; l am a member of the Board of Advisors of the Osgood project;the retired Senior VP of 77 Smith&Nephew(a large medical device company); 1 founded two local R&D centers and chaired the Planning 78 Board in Andover for 10 years and prior to that another 10 years in Glastonbury, Conn. l have a fairly good idea as 79 to what you are up against and have been listening to what everyone has been saying for the last several months.: 80 There were a lot of questions left unanswered;the Board didn't have the information that you needed to make an 81 informed decision. Our business is to create a cultivation and R&D center for cannabis, without retail,at 1600 82 Osgood. St. We recognize we need to refocus our efforts to put a develop team together to answer every question. 83 We propose that we come to you in subsequent meetings with a comprehensive plan of this endeavor.. Our goal is 84 to outline for you the entire project layout; uses, growing areas, offices, labs,medical and recreational, 85 administrative offices,conference rooms,what happens to other companies in the building-how that affects 86 parking and circulation, utilities,water, emissions, air,waste material, energy requirements,building 2 Town of North Andover PLANNING BOARD John Simons, Chairman � * ' Eitan Goldberg Aaron Preston Peter Boynton �,,,�/�' �� ' Cllr-istine Allen,Associate Jennifer Luz Tuesda y Ju ly 25 20.17 7 p.in. 120 Main Street Town Hall North Andover MA 01845 87 enhancements,parking requirements, administration, security, economic impact-we'll provide an overview of our 88 prospective business plan,the R&D area,medical manufacturing, recreational manufacturing,jobs within the 89 factory and outside of in it. Our hope is that over the next 4-6 meetings with you is to go through the whole plan 90 approval pointing to the fact that you can support a town meeting in the fall. Parallel to that we'll negotiate with a pp p g y pp g a g 91 host community. The other pre-site approval we have new laws coming from the state. We'd like to work with 92 'Town.Counsel to set up an ad hoc group to work on the bylaws. 93 E.Goldberg: From a zoning perspective, is there a reason to treat medical and recreational differently? 94 H. Johnston: In our plan we will divide what we are going to grow in each area and why. 95 J. Luz: What schedule are you envisioning with the somewhat limited timeline at hand? 96 H. Johnston: We plan to address 25 items over upcoming Planning Board meetings. 97 A. Preston: I want to understand what your business plan is; what it will take from the community and what it will. 98 give back,without drastic impact or change. 99 P. Boynton: I am interested in hearing your proposal with specific interest in the agricultural"cultivation"of 140 plant with special characteristics, particularly with regard to the amount of water, energy with regard to light 101 required, etc. 102 C. Allen: What are your plans for public outreach?We will have people calling us and asking questions and it 103 would be appreciated if you schedule a couple of community sessions. 104 E. Goldberg: Requested materials need to be received well in advance of the scheduled presentations. 105 Emily Kowtoniuk,ADS Ventures: (Gave a brief update on the state laws and handed out an overview of the new 106 law.)There has been a significant rewrite to the existing medical and adult use marijuana laws that were both 107 passed as ballot initiatives. This measure makes peripheral changes to the adult use medical marijuana law and 108 repeals the wholesale medical use marijuana law. It takes jurisdiction of the medical marijuana out of DPH and 109 streamlines it under the Cannabis Control. Commission.Under the new regulatory scheme,the regulations will 110 continue in effect until there is a comprehensive new regulatory scheme set up next spring beginning in April. The 111 bill is currently before the governor,we are awaiting the governor's signature; we don't anticipate any 112 amendments to the current draft of the law. The state wanted to make sure the tax revenue generated by this new 113 industry would fully support the administration and oversight of the industry. The committee therefore increased 114 the excise tax rate imposed on retail sales of adult use marijuana. Host community agreements are also a potential 115 source of revenue for host communities. The new marijuana law requires both medical and adult use marijuana 116 establishments to enter into host community agreements with host communities with the clear nexus to the cost 117 that would be imposed upon the community. 118 E. Goldberg: The new host community language, if the governor signs off on, limits it to 3%of sales and a 119 maximum of 5 years which is significantly different than the host community agreement that was discussed at 120 Town Meeting. It's an open question for me if you are doing medical and recreational,you then have two host 121 communityagreements;the local control issue needs vetting.North.Andover didn't vote for whether we approved 122 it for the Town North Andover; we voted for whether it would be a state law. 123 C. Allen: Would the 3%tax on retail sales function like our local meals tax?This is an optional tax and we would 124 need to vote in separately. 1 125 S. Egan: This warrants a thorough vetting and requires time to review the proposed bylaw. There are reasonable 126 regulations through local option. The Town can now ban various aspects of recreational marijuana.The law before 127 the Governor states that a town cannot pass a bylaw that operates to prohibit a medical marijuana that was licensed. 128 in July 1,2017. It has to be licensed and operating now before it can converted to a recreational establishment. 3 TU-wra -- North Andover PLANNING BOARD John Sinions, Chairman Eitan Goldberg Peter Boynton Aaron Preston Jennifer Litz � ����� �'°�' Christine Allen,Associate Tuesday July 25 2017 7 p.m. 120 Main Street Town Hall North Andover MA 011845 129 H. Johnston: We will address half the items at the next Planning Beard meeting.,August 15, 2017.. We'd like to 130 schedule your visit to the site as soon as possible and you will have all your materials well in advance, i.e. a week 131 prior. 132 D. Leary: I've been calling this a pre- Site Plan Review group of meetings and discussion.. It's not going to be that 1.33 comprehensively put together;we'll.come in with the larger overlying questions first. 134 R. Oldham: It would be reviewed under the Medical Marijuana.Overlay District, as we have in our bylaw now, 135 which is a Special Permit, not specifically a Site Plan Review. Is the Applicant not applying for their State RMD 136 license? 137 D. Leary: Yes, we are applying. That process is already underway and things are moving along; we have deadlines 138 to meet which is the reason for urgency for the fall 2017. deadline. 139 E. Goldberg: This is about the vision for zoning and marijuana whether it be recreational or medical in North 140 Andover v.just being about 1600 Osgood. 141 A. Preston: Who will draft the zoning bylaw change?Previously it seemed to be the applicant driving it. 142 J. Simons: I would prefer the Town draft the article versus a citizen petition. It removes the suspicion of a citizen 143 petition. S. Egan,J.Enright and R. Oldham will presumably be writing the bylaw. We'Il have to do this pretty 144 quickly. A site meeting is to be scheduled for late August. 145 146 MGL. C. 61A Section Notice of Intent to Sell: 0 Salem Street and 0 Rear Salern Street, James Hart&Jennifer 147 Collins. 148 S.S. Egan: I spoke with the seller's attorney(Atty. Shaheen)upon receipt of the letter who said the buyers intend to 149 use the land for agricultural purposes for their horses. The Town has 120 days for right of first refusal. J. Simons: 150 This property(2 parcels) is complicated,yet has significant Conservation and preservation interest for the Town; it. 151 is close to the Old Center. The Town can bring in a third party i.e. Essex County Greenbelt. The party purchasing; 152 this may not develop it if they are using it for horses. If this becomes our only right of first refusal we may take a 153 different path. If it exists like this for 15 years,then we don't have to do anything; if they intend to develop it then 154 we should act. The Board of Selectmen needs to make a consensus decision on this. They would sign the right of 155 first refusal to a third party. Essex County would need to decide whether or not to exercise the option. The CPC 156 has the funds to purchase the property. Ultimately we make a recommendation to the Board of Selectmen. 157 P. Boynton: This property contains a stream that flows downhill directly to the lake. It bisects Ridgewood, 158 crossing Johnson Street and Sutton Hill Road. This piece of land is .4 miles from the lake shore but this stream 159 runs 20-30 minutes draining ultimately into the lake and is one of the six major tributaries that drain directly into 160 our drinking water supply. 1.61 162 Master Plan Update 163 R. Oldham: The Committee is holding their first meeting scheduled for Thursday July 27,2017.There will be 1.64 Core Assessment meetings scheduled for July 31, 2017 to discuss specifics such as:Natural Resources, Open 1.65 Space and Recreation,Transportation and Circulation,Historic and Cultural Resources. 166 167 Watershed 168 P. Boynton: Part of our role as a Board is watershed management through the bylaws relative to the different 169 zones. In 1987 there was a report issued for our Watershed and since then the water treatment plant has taken 170 measurements of the lake and tributaries on phosphorous content, nitrogen, dissolved oxygen,which informs how 171 well the drinking water supply is doing. Outstanding questions are, "flow are we doing?"Are the zoning rules 4 i Town of North Andover PLANNING BOARD John Simons, Chairman w' Eitan Goldberg Peter Boynton Aaron Preston Jennifer Luz C1�ristineAllen,Assoeir to ; I TuesdaV JulV 25 017 A 7 p.m. 120 Main Street Town Hall North Andover MA 01845 172 effective? Has the quality of the drinking water stabilized" It's been 30 years; what's the status of our pretreated 173 water? With the data testing already complete could someone from the DPW come before this board once a year 174 or once every 6 months to give us trending and basic measures.The Board should see results of the last 5-10 years, 175 so we have a measure to see how well we're doing at protecting our drinking grater supply. The water department 176 posts on our website the testing of our treated water; the Board should see results that measure the raw water 177 before treatment. 178 1.79 MEETING MINUTES: Approval of July 11,2017 meeting minutes. 180 MOTION: 1 Luz made a motion to approve the July 11,2017 minutes. A.Preston seconded the motion. The 1.81 vote was 5-0, unanimous in favor. 182 183 ADJOURNMENT 184 MOTION: J. Luz made a motion to adjourn the meeting. The motion was seconded by A. Preston.The vote was 185 5-0,unanimous in favor.Meeting adjourned as 8:45 p.m.. 186 187 188 MEETING MATERIALS: Planning Board Meeting Agenda July 25,2017;DRAFT Planning Board Minutes July 11,2017, 189 1600 Osgood Street,Osgood Solar,LLC: 5723-AS-BUILT,Decision RECORDED,Engineer Certification 170713,IES 190 Certification Letter 170711,Request for Bond Release; 1661 Great Pond Road(aka Adjacent to 1665 Great Pond Road): Site 191 Photos-IMG 7330, IMG_7334 IMG 7336, IMG_7339,Thumbs; 1099 Salem Street: ANR flan 6-28-17 Stamped, 192, Application,DPW Comment UnderlAcre,LOCUS,Recorded Assent Agreement(National Grid),Decision RECORDED; 193 Continued Public Hearing 1975 Salem Street aka 0 Salem St Phil Christiansen: Department Comments-DPW 194 Comment T.Willet_170411,Fire Comments 170414,Health Comment-170412, Site Plans- 195 existDRAINAGEPLANS 170705,LANDSCAPE_1.70705,prposed-DRAINAGEPLANS_l70705, SECOND 196 PLAN_170705, SHEET1 170724, SHEET2_170724, SHEET3_170724, SHEET4 170724, SLOPE-170705, 197 Continuance_170905,LOCUS, Peer Review 92_170629,Response Comments-170724; 1600 Osgood StreetfMMOD Petition 198 Hooks Johnston; Selectmen Minutes(Prior)-2017-02-13 Board of Selectmen Minutest,2017-02-27 Board of Selectmen 199 Minutest,2017-03-06 Board of Selectmen Minutest,2017-03-22 Board of Selectmen Minutes2,2017-05-16 Hoard of 200 Selectmen Minutes2,Article 09-11 Final on Screen,H3818,MMOD amen.reconsideration SEgan memo 170626,Zoning 201 Bylaw EXISTING Subsection 8.12;MGL.C. 61A Section Notice of Intent to Sell;Notice of Intent to Sell 0 Salem St and 0 202 Rear Salem St., signature page PS,LOCUS; Staff Planner Notes to Board. r { r r 5