HomeMy WebLinkAbout2018-01-23 Planning Board Minutes Town of North Andover
PLANNING BOARD
John Simons, Chairman Eitan Goldberg
Peter Boynton � ,1JJ� �,', Aaron Preston
Jennifer Luz
Christine Allen,Associate
Tuesday January 23 2018 Ca) 7 p.m. 120 Main Street Totivn Hall North Andover MA 01815
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2 Present: J. Simons, P. Boynton., J. Luz,E. Goldberg,A. Preston, C. Allen
3 Absent:
4 Staff Present: J. Enright,M. Gregoire, B. Wolstromer
5 _.
6 J. Simons Chairman: The Planning Board meeting for Tuesday, January 23,2018 was called to order at 7 p.m.
7 Warrant Articles will be heard first as the majority of the people in attendance were for this agenda item.
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9 CONTINUED PUBLIC HEARING: SPECIAL TOWN MEETING ZONING ARTICLES:
10 Article 2: Citizen Petition—Prohibition of Non-Medical Marijuana
11 Article 4: Amend the Town of North Andover Zoning Bylaw---To Replace Section 8.13-Temporary Moratorium
12 on Recreational Marijuana Establishments with Section 8.1.3-Marijuana Overlay District.
13 Article 5: Amend Zoning Map -Marijuana Overlay District(MUD)
14 J._Enright: This is the third public hearing for articles 2, 4 & 5. Presented a spreadsheet with public comments
15 from the town website; advised the Board the link for comments has been removed. Reviewed proposed Article 4
16 edits.
17 E. Goldberg: Provided his opinion of Articles 4 and 5; in favor--the Board has worked long and hard to develop a
18 workable bylaw which provides zoning for commercial marijuana,the town needs to have zoning in place,the
19 moratorium was approved in order to have time to do this, although some have said this is rushed and it is faster
20 than the Board would have liked, but that:doesn't mean it is not a really good bylaw that can be voted on.
21 Expressed he would vote unfavorable on pretty much everything else.
22 J. Luz: Agreed—Heard the concern the process has been rushed; Special Town Meeting was rushed, not the
23 Board's work:. Expressed that every meeting since June the topic has been discussed, hard work has been put in, it
24 was approached it in a way that no matter who the applicant is or the project proposed, enough guidelines are in
25 place to ensure it is going to be something that is good for our town. Stated the Board has done the due diligence;
26 the revised bylaw is very protective for the town. Stated she is in favor of Articles 4 & 5 and not in favor of
27 Article 2.
28 A,.Preston: Agreed and felt people were struggling with the fear of marijuana which led to the development of this
29 bylaw; it also led to the Citizen Petition. To address that fear,Article 4 is a very happy medium; it addresses that
30 people are a bit trepidatious about this, given that we've been told marijuana has been considered very bad for 50-
31 60 years. Recommended favorable action on Articles 4& 5 and unfavorable action on Article 2.
32 P. Boynton: Expressed the Board spent a lot of time working on the bylaw and it is a stronger bylaw than what the
33 town saw in the spring. He feels rushed in two important respects which are fatal. Rushed in terms of dramatically
34 limiting the Board's ability to outreach to the town and the citizens in a way that gives the Board a balanced view.
35 Stated the proponents are well funded and doing an effective job of advocacy; the finding and full time expertise
36 devoted to that allows the proponent side of the issue to be quite effective as an advocacy measure; Getting the
37 word out to the town about what this means; good,bad things if there are any; takes longer because it is not well
38 funded. By accelerating Town Meeting to the end of January v. May, is a fatal flaw; it does not provide time for
39 sufficient outreach to the citizens. We are in advance of state regulations; if the Board had time to go to a regular
40 town meeting it might bring the Board close to the process where it might see the shape of those state regulations.
41 Expressed that his work on the Board is not an endorsement of this use; rather it is doing our homework as your
42 volunteers to be ready in case the town decided this was appropriate Expressed concern that a Special Town
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Town of North Andover
.PLANNING BOARD
John Simons, Chairman Eitan Goldherg
Peter
j/�� J,• Aaron Preston
Boynton �'° '���
.renstfer Luz Cliristine Allen,Associate
1W•
TuesdaE JanuarE 23 2018 u7 7 p.m. 120 Main Street Town Hall North Andover MA 61845
43 meeting called in the dead of winter will create a partial Town meeting. Stated that for those reasons, he cannot
44 support Articles 4 & 5.
45 Chris Allen: Commented that since July detail has been discussed regarding protecting the town,water and odor
46 concerns. Expressed she would vote favorable on Articles 4 & 5 and would reject Article 2 however as an
47 Associate Member she carmot vote on this Board.
48 J. Simons: Agreed with 11. Boynton. If we are going to have a large scale marijuana cultivation facility,believes
49 the Board did the best possible job they could--sound,thorough, detailed effort. Expressed that the core of this is
50 whether we believe a large scale marijuana cultivation facility, at this time, is best for the town of North Andover.
51 Stated that he is not sold on that. Believes there is a very significant potential downside risk associated with it-- if
52 this doesn't succeed, it could have a major impact on the brand and the reputation on the quality of life in.North
53 Andover,there's no guarantee we are getting large sums of money,there's no agreement in place to ensure the
54 town will get a tax revenue of X, granted the Host Community Agreement comes further down the road,there's no
55 assurance and certainty that we are getting tax revenue of dollars associated with this project. Stated that there's
56 no assurance that 5-10 years down the road as the equipment in this property depreciates,the tax burden associated
57 with that increase in value gets flipped over to the taxpayers -not the proponents of this facility. The state and
58 Federal environments are uncertain,there's no certainty from an economics perspective that a project like this will
59 work,there has been no large scale cultivation facility of this type built anywhere in the world,the mere
60 technology of it might not work. Expressed that the benefits of a speculative amount of money that the town might
61 get more than offset by what he thinks is going to be a major hit to the reputation of the town and to the property
62 values.. The proponents for the proposed project have been very good; they've worked very hard with the Board
63 and they have been very professional. Stated that it's our decision as a town whether we want this use and from a
64 public policy viewpoint this is not a use that makes sense. He is planning on voting unfavorable on Articles 4 & 5.
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66 MOTION: A. Preston made a motion to recommend unfavorable action oil Article 2 for the Special Town
67 Meeting warrant January 30, 2018. J. Luz seconded the motion. The vote was unfavorable action,3-2 (J Simons
68 &P. Boynton apposed)
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70 MOTION: E. Goldberg made a motion to recommend favorable action on Article 4 for the Special Town
71 Meeting warrant January 30,2018, as amended this evening. A. Preston seconded the motion. The vote was
72 favorable action,3-2 (J. k9inons &P. Boynton apposed)
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74 MOTION: E. Goldberg made a motion to recommend favorable action on Article 5 for the Special Town
75 Meeting warrant January 30, 2018. J. Luz seconded the motion. The vote was favorable action,3-2 (1 ,5ilnons &
76 P. Boynton opposed)
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78 MOTION: E. Goldberg motioned to allow a member to summarize the positions that were discussed this evening
79 to be incorporated within the written report and delivered to the Planning Dept. January 24, 2018; (A Board
80 member who voted in favor of Article 4, and a Board member who voted unfavorable action on Article 2)P.
81 Boynton seconded the motion.. The vote was 5-0, unanimous in favor.
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83 Mary Dussault,__5. Oak Ave..: Expressed appreciation for the Board's work over these past few months; she has
84 been reading the minutes, and didn't expect a Special Town Meeting. The compressed time is less than ample to
85 weigh the impacts,which is a fatal flaw. Stated that there are rational reasons for being on either side of this
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1 own of Noah Andover
PLANNING BOARD
John Simons, Chairman a r' Eitan Goldberg
Peter Boynton ���i i j���ll»����t ��� ' Aaron Preston
Christine Allen,Associate
Jennifer Luz
i
Tuesday January 23, 2018(4,7p.m. 120 Main Street Town Hall Nortla Andover,MA 01845
86 proposal and that she'd be willing to listen; however,feels her hand has been forced. Has been researching the
87 draft regulations of the CCC and it feels like the proposers are using tactics to get their permit. Expressed that the
88 April I deadline for them shouldn't be what drives the discussion among the citizens of North Andover about the
89 impact of this very important decision the town has to make and that she appreciated tonight's discussion and the
90 very clear articulations of the Planning Board members who are voting no--agreed with them on this. Commented
91 on her concern that in the minutes over the last few months the Board was looking to hold public hearings,the
92 Board was talking about that all along; three were held and she travelling for the last two. The timing of our"Town
93 meeting in May would have been after the state regulations have been made. Believes the Citizens Petition
94 Articles I & 2 are a reaction to the same feeling she has that the proposers pulled a"fast one" in getting a Special
95 Town Meeting in the dead of winter when there could be less people to vote on it.It's more about adult use now v.
96 medical marijuana. f
97 Eli Alder-Roth 114 'Beverly St.: If Article 2 passes what is the process by which that could be reversed?What if f
98 Article 2 is a reaction and there was a proposal that came through that felt less rushed? Can you clarify how
99 permanent would a pass on Article 2 be?
100 J. Simons: We'd go back to where we are now, as of today; we would have put it before regular Town Meeting
101 which gets us past our moratorium and potentially bans the use or puts it into a smaller sized project.
102 E. Goldberg: If nothing passes we still have moratorium in place through November. Generally,you could amend
1.03 the bylaw, but if a zoning amendment does not pass, it may involve time and it would have to be substantially
1.04 different. We don't know.
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106 122 Foster Street,North Andover,Varsity Wireless,Brian Grossman: Application for Wireless Facilities
107 Special Permit.Applicant proposes to construct, operate and maintain a 130 foot monopole tower(135 feet to top
108 of faux branches)with supporting equipment located in the Residential I (R-1)Gone.
109 J. Enright: Presented draft Decision to the Board for review and comment.
110 E. Goldberg: Recommended adding another motion related to the original application filing.
111 MOTION: E. Goldberg make a motion to approve the Varsity Wireless Facilities Special Permit for a cell tower
112 at 122 Foster Street,North Andover, MA at the height of 130 ft.,with 13511. being the top as proposed in the
113 original application. J. Luz seconded the motion. The vote was 5-0, unanimous opposed.
114 MOTION: E. Goldberg made a motion to approve the written Notice of Decision,as amended, for the Wireless
115 Facilities Special Permit/Site Plan Review Special Permit for 122 Foster Street,North Andover,Varsity Wireless,
116 Brian Grossman and instruct the Planning Director to file that Decision by the January 25, 2018 deadline. J. Luz
117 seconded the motion. The vote was 5-0,unanimous in favor.
118
119 CONTINUED PUBLIC HEARING, 1210 OSGOOD STIMET,Princeton Development LLC: Application t
120 for Modification to the Site Plan.Review,Multi-family Housing and Reduction in Parking Special Permit.
121 Applicant proposes to modify the Site Plan to lower the grade of the entire site to achieve the same flat grade for
1.22 the buildings and compliant grades for pedestrian corridors. In addition, applicant proposes modification to the
123 locations, number and equipment used for the stormwater management system.
124 J. Enright: Presented the commercial and residential Draft Decision(s)for the Board's review.
125 MOTION: A. Preston made a motion to close the public hearing for 1.210 Osgood Street Princeton Development
126 LLC,North Andover, MA. E. Goldberg seconded the motion. The vote was 5-0, unanimous in favor.
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Town of North Andover
PLANNING BOARD
.1ohn Simons, Chairman Eitan Goldberg
.Peter Boynton Aaron Preston
Jennifer°Luz
%G % Christine Allen,Associate
TuesdaV JanuarV 23 2018 a7 7 p.m. 120 Main Street Town Hull North Andover AM 01845
1.27 MOTION: E. Goldberg made a motion to approve the Application for Modification to the Site Plan Review,
128 Multi-Family Housing and Reduction in Parking Special Permit for 1210 Osgood Street, Princeton Development
1.29 LLC,North Andover,MA. J. Luz seconded the motion. The vote was 5-0, unanimous in favor.
130
131 CONTINUED PUBLIC HEARING, 1210 Osf400d Street,Forgetta Development LLC: Application for
132 Modification to the Site Plan Review and Reduction in Parking Special Permit.Applicant proposes to modify the
133 Site Plan to lower the grade of the entire site to achieve the same flat grade for the buildings and compliant grades
134 for pedestrian corridors. EZ addition, applicant proposes modification to the locations, number and equipment used
1.35 for the stormwater management system.
136 MOTION: A. Preston made a motion to close the public hearing for 121.0 Osgood Street Forgetta Development
1.37 LIC,North Andover, MA.E. Goldberg seconded the motion. The vote was 5-0, unanimous in favor.
138 MOTION: E. Goldberg made a motion to approve the Application for Modification to the Site Plan Review and
139 Reduction in Parking Special Permit for 1210 Osgood Street,Forgetta Development I.,I.C,North Andover, MA, P.
140 Boynton seconded the motion. The vote was 5-0,unanimous in favor.
141
142 ADJOURNMENT
143 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by A. Preston. The vote
144 was 5-0,unanimous in favor. Meeting adjourned 8:30 p.m.
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146 MEETING MATERIALS: Planning Board Meeting Agenda January 23,2018, 122 Foster Street Vqjity-Wirgless: 1801.23
147 122 Foster Street Wireless Special Permit final draft; 1210 Osgood St-Princeton_Properties: 180123 Osgood
148 1210 Modification Site Plan Parking_COM.MF.;RCIAL FINAL, 180123 Osgood 12 Modification Site Plan MultiFarnily
149 Parking_RESIDENTIAL FINAL; 1210 Osgood St.-Forgetta: 1.80123 Osgood 1210_Modification_Site Plan
150 Parking_COMMERCIAL FINAL, 1.801.23_Osgood 1210_.Modifiication Site Plan MultiFamily
151 Parking_TiESIDENTIAL�FINAL; Special Town.Meeting 7caping Articles:North Andover Planning Board Input
152 Form_Special Town Meeting Zoning Articles, January 30,2018. (Responses), 180123 Planning Board Report DRAFT,
153 1801221;Lynch Correspondence, 11918 Warrant Article with revisionsl 132.
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