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HomeMy WebLinkAboutMiscellaneous - 254 GREAT POND ROAD 4/30/2018 (3)�� 0 U Town of North Andover Office of the Planning Department 'III APR -22 Pry !2: 10 Community Development and Services Division:k.'i; 1600 Osgood Street P ORT t7 fRiv North Andover, Massachusetts 01845 NOTICE OF DECISION — Watershed Special Permit Modification Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Cleric. Date: April 19, 2016 Date of Hearings: April 19, 2016 Date of Decision: April 19, 2016 Petition of: Thomas and Nicole Friel, 254 Great Pond Road, North Andover, MA 01845 Premises Affected: 254 Great Pond Road, North Andover, Massachusetts, 01845. Assessor's Map 37A, Parcel 6 and located in the Residential I Zoning District. Referring to the above petition for a Modification to a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.1363.c.ii and 10.3. So as to allow a 309 s. £ addition off of the existing garage, reconstruct the existing driveway and to extend the front existing porch to provide handicap access within the 250 foot Non -Disturbance Buffer Zone of the Watershed Protection District and within the Residential 1 Zoning District. After a public hearing given on the above date, and upon a motion by Lynne Rudnicki and 2nd by David Kellogg to APPROVE the Modification to Special Permit for the Watershed Protection District, as amended and based upon the following conditions. The vote was 5-0 in favor of the application. ,�&, 6�x Planning toard John Simons, Chair Lynne Rudnicki David Kellogg Lora McSherry Peter Boynton '0 254 Great Pond Road Map 37A Lot 6 Modification to Watershed Special Permit— Addition to the Existing Garage, Driveway Reconstruction, Extension of Existing Porch April 19, 2016 The public hearing on the above referenced application was opened on April 19, 2016 closed by the North Andover Planning Board on April 19, 2016. On April 19, 2016 upon a motion made by Lynne Rudnicki and seconded by David Kellogg to GRANT a Modification to Watershed Special Permit to construct a 309 s. £ addition off of the existing garage, reconstruct the existing driveway and to extend the front existing porch to provide handicap access within the 250 foot Non -Disturbance Buffer Zone of the Watershed Protection District and within the Residential 1 Zoning District. This Special Permit Modification was requested by Thomas and Nicole Friel, 254 Great Pond Road, North Andover, MA 01845 on March 18, 2016. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A modification to special permit issued by the special permit granting authority requires a vote of at least four members of a five -member board. The applicant is hereby noted that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the PIanning Board makes the following FINDINGS OF FACT: On January 5, 2016, the Planning Board unanimously voted to grant a Watershed Special Permit to the Applicant, Thomas and Nicole Friel pursuant to Section 4.137 of the Town of North Andover Zoning Bylaws, for the construction of a 22' x 23'single story addition to the side of the dwelling, demolition of an existing deck, and addition of a new deck within the 250' Non -Disturbance Zone of the Watershed Protection District. On March 18, 2016, the applicant applied for a modification to the existing Special Permit decision, in order to construct a 309 s. f, addition off of the existing garage, reconstruct the existing driveway and to extend an existing porch to provide handicap access within the 250 foot Non -Disturbance Buffer Zone of the Watershed Protection District and within the Residential 1 Zoning District. The decision was based on the following: 1. The construction plans have been reviewed by Town Staff, including the Town Planner and the staff has concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochiclnewick. 2. The applicant shall comply with all existing conditions rendered in the original Watershed Special Permit issued January 5, 2016, except any specific conditions superseded by this modification. 3. The Town's consulting engineer, Eggleston Environmental, has determined that the modifications are nominal and no further storwmater review is necessary. (See L. Eggleston email correspondence dated March 24, 2016.) 4. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. —The existing design includes roof infiltration and wetlands mitigations to 2 254 Great Pond Road Map 37A Lot 6 Modification to Watershed Special Permit Addition to the Existing Garage, Driveway Reconstruction, Extension of Existing Porch April 19, 2016 ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. a. In order to mitigate the impact of the increased impervious area with this addition and the extension of the existing roofed side porch for handicap accessibility, a second drywell is proposed to capture 435 square feet of the garage roofed area. b. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous -free, non-organic pesticides and herbicides use will be prohibited, and the use of coal tar -based pavement sealants will be prohibited. These restrictions will be noted on the deed. 4. The project has been reviewed by the Town Engineer, Gene Willis, as evidenced by his memo dated April 5, 2016 stating that the applicant has adequately addressed his concerns and that a driveway permit from the Division of Public Works shall be required. S. The project has been reviewed by the Building Commissioner, Gerry Brown, as evidence by his email dated March 23, 2016, stating that the modification of the stoop and steps to accommodate the proposed handicap accessible ramp are allowed under Massachusetts Zoning Laws regarding Access Ramps, MGL c. 40a. 6. There is no reasonable alternative location outside the General, Non -Disturbance, and the Non - Discharge Zones for any discharge, structure or activity. 7. In addition, in accordance with Section 10.31 of the North .Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 8. The Planning Board's approval of the Modification to the Watershed Special Permit is conditioned on the following: a) The Applicant must show all changes on the final as -built plan, which must be provided to the Planning Department before the bond is released, according to the conditions as stated in the January 5, 2016 Watershed Special Permit Decision and April 19, 2016 modification. 40 254 Great Pond Road Map 37A Lot 6 Modification to Watershed Special Permit Addition to the Existing Garage, Driveway Reconstruction, Extension of Existing Porch April 19, 2016 b) The Applicant will show on the plans the accurate existing and proposed Gross Floor Area (GFA) calculations to be reviewed and approved by the Planning Department. Any additional renovations shall not increase the GFA more than the maximum allowed for the existing footprint, per Zoning Bylaw Sections 4.136 c.ii (7). This restriction will be noted on the deed. 9. Prior to issuance of a building permit: a) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. b) Three (2) copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. 10. This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: "254 Great Pond Road Plot Pian of Land located in North Andover, Massachusetts (Essex County)" Prepared for: Thomas and Nicole Friel 254 Great Pond Road North Andover, MA 01845 Prepared by: Sullivan Engineering Group 22 Mount Vernon Road Boxford, MA 01921 Scale: 1" = 20' Date: November 10, 2015 and revised 12/22/15, 12/24/15, 3/17/16 and 3/21/16 Sheets: 1 cc: Building Inspector Conseivation Administrator Applicant Engineer File 0 0—. 2 -?IV EC! Town of North Andover Office of the Planning Department 2016 JAN -6 PH 4: 19 Community Development and Services Division TO V! t; Or 1600 Osgood Street NOR 11 AM)C`�,q, North Andover, Massachusetts 01845 MASSACHUSE;"j"6 NOTICE OF DECISION — Watershed Special Permit Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: January 5, 2016 Date of Hearings: December 15, 2015, January 5, 2016 Date of Decision: January 5, 2016 Petition oh Thomas and Nicole Friel, 254 Great Pond Road, North Andover, MA 01845 Premises Affected: 254 Great Pond Road, North Andover, Massachusetts, 01845. Assessor's Map 37A, Parcel 6 and located in the Residential l Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136 & 10.3. So as to allow the construction of a 22' x 23'single story addition to the side of the dwelling, demolition of an existing deck, and addition of a new deck within the 250' Non -Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by L. Rudnicki and 2nd by P. Boynton to APPROVE the Watershed Special Permit as amended and based upon the following conditions. The vote was 5 — 0 in favor of the application. Pl ring Board Jo Simons, Chair Lynne .Rudnicki David Kellogg Lora McSherry Peter Boynton 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit — Addition to Single -Family Residence January 5, 2016 The public hearing on the above referenced application was opened on December 15, 2015 closed by the North Andover Planning Board on January 5, 2016. On January 5, 2016 upon a motion made by L. Rudnicki and seconded by P. Boynton to GRANT a Watershed Special Permit for the construction of a 22' x 23'single story addition to the side of the dwelling, demolition of an existing deck, and addition of a new deck within the 250' Non -Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Thomas and Nicole Friel, 254 Great Pond Road, North Andover, MA 01845 on November 13, 2015. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five -member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The construction has been reviewed by Town Staff and the Town's consulting engineer, Eggleston Environmental, and with the application of the erosion control measures and modifications to the proposed deck location, drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The footprint of the new addition is diminutive and the layout of the proposed deck was reconfigured to ensure there was no encroachment into the Conservation Zone. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced by a letter from L. Eggleston dated December 8, 2015 and email dated December 24, 2015 as well as a letter fiom Sullivan Engineering Group dated December 22, 2015. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single- family dwelling: i) The new addition will create 506 sq. ft. of new impervious area. All of the roof runoff will be routed to a 500 gallon drywell. ii) No new lawn area is being proposed and there will be no tree -cutting required for construction. 2 U 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit — Addition to Single -Family Residence January 5, 2016 iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous -free, non-organic pesticides and herbicides use will be prohibited, and the use of coal tar -based pavement sealants will be prohibited. These restrictions will be noted on the deed. b) The existing structure is connected to the Town sewer and water systems. 2) There is no reasonable alternative location outside the General, Non -Disturbance, and the Discharge Zones for any discharge, structure or activity. 3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: a) The "Locus" refers to the 89,627 sq. ft. parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A, Parcel 6 and also known as 254 Great Pond Road, North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Sullivan Engineering Group, dated November 10, 2015 and revised to December 24, 2015, entitled "254 Great Pond Road Plot Plan of Land located in North Andover, Massachusetts (Essex County) prepared for Thomas and Nicole Friel". c) The "Project" or "254 Great Pond Road" refers to the construction of a 22' x 23'single story addition to the side of the dwelling, demolition of an existing deck, and addition of a new deck within the 250' Non -Disturbance Zone; however, outside on the Conservation Zone of the Watershed Protection District. d) The "Applicant" refers to Thomas and Nicole Friel, the applicant for the Special Permit. e) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3 4 t 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit — Addition to Single -Family Residence January 5, 2016 3) Prior to issuance of a building permit: a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and - performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) In consultation with the Town Planner, the Applicant shall designate an independent construction monitor. The monitor shall read, sign, and return to the Town Planner the Letter of Agreement for Independent Monitors. The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions. The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the site accompanying a Planning Department designated official. d) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous - free, non-organic pesticides and herbicides use are prohibited, and the use of coal tar -based pavement sealants is prohibited. The applicant shall incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the f"ile. 4) Prior to release of the Performance Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction and other pertinent site features. The as -built must be provided in paper form as well as in SDF (Standard Digital File) format. This as -built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) .The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed January 5, 2018 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: M r , , b" 254 Great Pond Road Map 37A Lot 6 Watershed Special Permit — Addition to Single -Family Residence January 5, 2016 a) Plan titled: "254 Great Pond Road Plot Plan of Land located in North Andover, Massachusetts (Essex County) prepared for Thomas and Nicole Friel" Prepared for: Thomas and Nicole Friel 254 Great Pond Road North Andover, MA 01845 Prepared by: Sullivan Engineering Group 22 Mount Vernon Road Boxford, MA 01921 Scale: 1" = 20' Date: November 10, 2015 and revised December 24, 2015. 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O 9 \ \ i I\' . T \ \ \m 4 z loo zyF� 5k c� m Uj Z �u n x on v o3 \ \ \ CA x n in r+Aiocx'n< i" fav `v X U' O� G� A�°Ro m n y vim m i mnm \ 1 I \ \ \ \ \\ y ti y oY ov,Nz o a rn I mrr- m 1 }- - -- a �' z x x iAcoo z ��N m Rd Amz �°om } \\\ \ \ \ \ \ \ o In -D o O NAoKw o on o n oma 9 ysFt� �Iy '� p n• y o,m�myC m v z� -n z cpm 1° 9LG, c f > m z� o°n ~ c N t4 z N n o N n1 oy°tiF ti 21 r coil �mm gxa A o z O F O D 52F m N mom ba n •'i N w�izm o �_ a a a�klzJ �y FF n{ znzxA a div m a R1 tx7 n y a o n o aoo� b b nb Obi H- b amrzi m z,A n m m� n Z'� I n�zo +°mn � z° a � a a � o .'� N H "mac m m c o°z ^� -I $ ,°b $^ z C C C h 2 A o�Kz m z cn zN OD D D i o a a A. i o b 0 O> mA o = m m m 1 2 3 4 John Simons, Chairman Lynne Rudnicki Peter Boynton Town of North Andover PLANNING BOARD David Kellogg Lora McSherry Regina Kean (Associate) Tuesday December 15, 2015 @ 7p. m. Town Hall, 120 Main Street, North Andover, MA 01845 Present: J. Simons, L. Rudnicki, L. McSherry, D. Kellogg, P. Boynton, R. Kean Staff Present: J. Enright, B. Wolstromer J. Simons, Chairman: The planning board meeting for Tuesday, December 15, 2015 was called to order at 7 p.m. ANR: 303 Chestnut Street, B. Boyle: Applicant requests to reduce 3 lots to 2 lots L. Rudnicki: The document needs a clarification note saying one lot is being dissolved. MOTION: D. Kellogg made a motion to direct the Planner to sign the ANR for 303 Chestnut Street once the clarifying note is added. L. Rudnicki seconded the motion. The vote was 5-0, unanimous in favor. 27 & 33 Weyland Circle, J. Colachico & W. Lohnes: Applicants request a change in lot lines. Stephanie Kiefer, Smolak & Vau lg lan: This is a minor land swap involving 2 parcels, 27 & 33 Weyland Circle. MOTION: L. Rudnicki made a motion to direct the Planner to sign the ANR for 27 & 33 Weyland Circle. D. Kellogg seconded the motion. The vote was 5-0, unanimous in favor. PUBLIC HEARINGS 254 Great Pond Road, Thomas and Nicole Friel: Applicant is seeking to construct a single stony addition, a deck, and to connect the new deck to an existing deck within the Non -Disturbance Zone of the Watershed Protection District. J. Enright: The new deck (designed to connect with the existing deck) cantilevers over the Conservation Zone. The footings are not in it. L. Eggleston has submitted her review comments. J. Sullivan: In 2010, Christiansen & Sergi designed the original subdivision of this lot and flagged the wetland line. The delineation is shown on the plan. We are proposing a one story addition outside of the 100' buffer zone. The existing deck already encroaches into the 150' zone. The addition is being constructed for their handicapped child. We are proposing a drywell to capture roof runoff from the addition and I've provided calculations. All deed restriction recommendations will be adhered to. L. Rudnicki: Do we allow cantilevering and are we setting a precedent and to what extent? J. Sullivan: Approximately 50-60 sq. ft. It occurs at the corner of the deck where the new deck meets the old. P. Boynton: One of the prohibited Conservation Zone uses states, "construction or placement of any new permanent structure, and any surface or subsurface drainage, including storm water runoff." Is there a reason why the deck can't follow the 150' line? J. Sullivan: Access via wheelchair would be tight. P. Boynton: Is it possible to consider two decks that are not connected? J. Sullivan: That is possible, but not the intent. It is a previously disturbed area, there's no roof over this. Tile house is old, the lot division is new. We fall under the new requirements. If this were pre -1994 it would be a 75 ft. buffer v. 150'. Board: Discussed bylaw restrictions on construction within the Conservation Zone, possibility of pursuing a ZBA variance, options to remove the cantilevered portion in order to stay out of the Conservation Zone, not connecting the decks, and the possibility of approving a Decision for the addition and holding off on the deck approval until a determination on cantilevering is made. Nicole Friel, homeowner: Out- intent is to accommodate our 11 year old handicapped child who is wheelchair bound. We don't want to undertake an expensive project and not satisfy our needs. She is severely disabled and I ask that you please consider this. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 John Simons, Chairman Lynne Rudnicki Peter Boynton Town of North Andover PLANNING BOARD N David Kellogg Lora McSherry Regina Kean (Associate) Tuesday December 15, 2015 @ 7 p.m. Town Hall, 120 Main Street, North Andover, MA 01845 J. Simons: I'm not sure there is any flexibility to waive this. It's written into the bylaw and the language is clear. L. McSherry: You are replacing the existing deck, as well and there's no grandfather clause for that. It's not just the new deck, it involves the old deck, too. J. Sullivan: I would request to continue and will consult with the architect and applicant regarding the deck to avoid the two month ZBA process for the deck. [Continued to 11512016] 1812 Turnpike Street, George Atallah (C&C Auto Corp.): Applicant seeks a Site Plan Review Special Permit in order to raze an existing building and construct a 1 % story, 5,000 +/- SF building for an automobile repair facility with an attached pizza/sub restaurant. There are existing parking areas to remain and additional areas to be added. The proposed project is within the General Business Zoning District (GB). J. Enright: This is a non -conforming, pre-existing lot. The setback to Berry St. is just over 12 ft. and the proposed use is allowed in the (GB) district. The applicant would like to purchase this lot contingent upon permitting. They are proposing to stay within the existing building footprint. Steve Haight, En ig neer: The lot size is approx. 40,521 sq. ft. project. The building is a little over 4,200 sf, and will be on Town water and septic. The applicant currently owns a car repair facility next to Stop `n Shop and is planning to relocate that business to this site. The lot predates zoning and setbacks. We will not increase the existing footprint of the original building. This will be an interior repair facility with 6 car lifts and an attached pizza/sub shop. We will connect to a new manhole for sewer and there are no issues with Conservation or Natural Heritage. The Board requested the design reflect a more New England barn type structure, appropriate in terms of design and materials, a split rail open fence with shrubbery in front and a reasonably scaled building height, i.e. 22 ft. L. Rudnicki: The property owner owned both parcels for over 50 years and then sold it off. I think they automatically merged by law in a common ownership. It may not be grandfathered. S. Haight: We researched the lots. They all predated zoning. We want conceptual approval to proceed. L. McSherry: How many seats are in the pizza sub shop? S. Haight: 16 or less seats will be accommodated. L. Rudnicki: You don't want vehicles queuing on Rte. 114. I would suggest eliminating the first parking space. J. Enright: The stormwater review is still outstanding. E. Loth -12 Lavender Circle, Abutter -16 Berry St.: I was concerned about the height of the proposed 6' solid fence which may interfere with site lines. The idea of a split rail fence and shrubs will improve visibility to the site. [Continued to 1/512016] DISCUSSIONS 1679 Osgood Street, Chad Lawlor: Discussion on options for adding landscaping as a Permitted Use within the Corridor Development District 3 (CDD3). J. Enright: The applicant purchased the lot with the intent to relocate his landscaping business. He subsequently discovered that the use is not currently allowed. Kevin Fole�representin the �e applicant: This is primarily a fact finding mission and discussion about adding landscaping to the Corridor Development District (CDD) 3. There are three existing landscaping businesses currently operating in that corridor area. Tyler Munroe is here who operates his business next to the site. We wondered about your concerns should we bring a proposal with a warrant article to allow landscaping to this area? T. Munroe: I owned & sold 1635 Osgood St. and now own 1659 Osgood St. That whole area was zoned IS and we( were somewhat forced there as contractors. In 2.007, when they did the Overlay plan for 1600 Osgood Street, we 2 a 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 )7 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 tl 02 John Simons, Chairman Lynne Rutbricki Peter Boynton Town of North Andover PLANNING BOARD David Kellogg Lora McSherry Regina Ifean (Associate) Tuestlay December 15, 2015 @ 71).m. Town Hall, 120 Main Street, North Andover, MA 01845 wondered about our side of the street. I'm grandfathered in, but Chad isn't. Sewer isn't a reality for our side of the street for a very long time. J. Simons: We were trying to provide for a variety of uses in that area at the time. Your business has trucks, tools, mulch and dirt piles. L. Rudnicki: [Read uses from bylaw] Landscaping doesn't fit the criteria for the master plan of this area. J. Enright: In 2002, CDD 1 & 2 were approved for both sides of Turnpike St. and CDD 3 was approved in 2008. Site Plan Review would be triggered because of the change of use from residential to landscaping. As you are aware, at the last Planning Board meeting the Board motioned to approve a member to serve on an ad hoc committee recently established by the Board of Selectmen to review the Osgood Smart Growth Overlay bylaw and as part of that review they may want to look at zoning on this side of the street as well. Eric Kfoury will chair that committee. J. Simons: The question is whether the vision and plan we originally created for the area still makes sense? We have to balance this request with what we envision in the broader interest of the town. K. Foley: I will draft warrant language and I am willing to meet with the BOS if necessary. J. Simons: Perhaps we have Eric come in and talk about the master plan with his ideas in early January. PUBLIC HEARING: 2302 Turnpike Street- Earthworks, hie., Danny Gill: Applicant seeks a Site Plan Review Special Permit in order to develop the property as a mixed-use retail and business office commercial complex with accessory indoor storage and parking within the Business 2 Zoning District (B-2). J. Enright: This lot is over 3.5 acres and the two existing structures would be demolished. Chris Sparages, Civil Engineer: The property is comprised of 11% wetland. G. Hochmuth has flagged those areas on site. The site is lower than the highway and road. We are not changing drainage. We'll tie into town water and sewer utilities. The proposed main building and the out building cover about 13-14% of the property, much less than the bylaw maximum lot coverage requirement. The owner will utilize this building for his landscaping business and allow for tradespeople in similar businesses to set up retail outlets within. On the lower level there is a basement level of storage and the two wings of garage storage will support the uses. It is 1.5 stories of garage space. There is approximately 4,000 sf retail space and office/business services each and 26,000 sf of storage space. (including the outbuilding) J. Simons: Storage would be the primary use, wouldn't it? The accessory use is the retail use. Why don't we have a "use" conflict? Jill Mann, Agy. for applicant Earthworks, Inc: We previewed this with zoning officer, Mr. Brown and Ms. Enright. Mr. Gill will be using the property for his retail, offices and landscaping business. The interior offices, storage and indoor parking is accessory, solely to those uses. J. Simons: It's the predominant amount of square footage? J. Mama: That is not what designates predominant use. For example, you can have any use, yet the active part of the business is the office space, and your zoning officer confirmed it is compliant. J. Simons: I don't get it. L. Rudnicki: Read the bylaw. It's not incidental. J. Simons: The 8 doors are all rented to different people. That's a primary use and they have to pay rent for that. The accessory use is the predominant use. J. Mann: The use is not storage, we aren't taking any products in or storing it. The predominant portion of his business is landscape design. If you based it on dollars, it would be a fraction of what he generates in sales. The materials are simply incidental to what he does. He isn't providing a wholesale business, with minimal deliveries. 3 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 1.66 167 168 169 170 171 172 173 174 175 176 Jot►n Simons, Chairman Lynne Rudnicki Peter Boynton Town of North Andover PLANNING BOARD David Kellogg Lora McSher►y Regina ICean (Associate) Tuesday December 15, 2015 @ 7p. m. Town Hall, 120 Main Street, North Andover, MA 01845 L. Rudnicki: Our bylaw reads, "The principal structure on a lot of record which contains the primary use of the lot. A principal use shall not be contained within an accessory structure. J. Simons: If I had manufacturing, would that be similar? J. Mann: That's an active use. This is simply accessory. L. McSherrv: What are all the garage bays for? Will you charge rent for the storage spaces? Norman Gill, applicant's father: Related contractors, specialty cars, etc. I'm unsure if I'll charge rent. I want to do this for my son and I want an attractive structure. I'm going to start a brokerage company and sell contractor services; one stop shopping. This will be a professional, no cost spared, facility that offers contracting services. L. McSherrv: What is the accessory building for and how big is it? N. Gill: It's for storing materials to run the business. Dan Gill: I have the intent to make this the nicest bldg. in North Andover. We want to take a less than desirable property and enhance it with a handsome building with stellar landscaping and stonework, etc. J. Mann: The back building is 4,500 sf. The whole building is under 30K sf including all floors; footprint is 15K. D. Gill: Owner, Kevin Murphy, got this rezoned to B-2. No items will be stored outside. The site will appear contained, attractive and immaculate. I own 5 trucks; heavy equipment exists on the job sites. J. Simons: I'm impressed by your zeal and passion but this this is about our bylaw. Before we continue we have to visit the zoning issue and talk with Town Counsel. J. Enright: Lisa Eggleston submitted an extensive review. Health has reviewed the abandoning of the septic tanks and DPW has responded. The applicant filed with Conservation and we can certainly talk with Town Counsel and the Building Inspector again. [Continued to 1/5/2016] MINUTES APPROVAL Approval of December 1, 2015.meeting minutes. MOTION: L. Rudnicki made a motion to approve the minutes, as amended. D. Kellogg seconded the motion. The vote was 5-0 unanimous in favor. ADJOURNMENT MOTION: L. Rudnicki made a motion to adjourn the meeting, the motion was seconded by D. Kellogg. The vote was 5-0, unanimous in favor. Meeting adjourned @ 9:15 p.m. MEETING MATERIALS: December 15,2015 Planning Board Meeting Agenda; DRAFT December 1, 2015 Planning Board Meeting Minutes; BUSBY-ANR-12-7-15; Weyland Circle ANR; North Andover Watershed Protection District (4); 254 Great Pond Road: Locus, Full Application, Site Plan, Eggleston Review Letter (1) 254 Great Pond Road WSP; 1812 Turnpike Street: Application Turnpike Auto Site Plan Review (11-13-15), Building Inspector Comments, Conservation Comments, Elevation A 1812 Turnpike, Elevation B 1812 Turnpike, Health Comment, Locus, REV 1812 Turnpike UTILITY update (11-25-15), Site Plan Turnpike Auto (11-13-15), T. Willet (DPW) comments; 2302 Turnpike: Application, Architectural Plans, Eggleston 2302 Turnpike St Earth Works review letter #1, Health Dept Comment, Locus, Revised application I` page, Site Plan turnpike (151104), T Willet (DPW) Comments; 1679 Osgood Street: Locus M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 13 John Shnons, Chairman Lynne Rutlnicki Peter Boynton Toivn of North Andover PLANNING BOARD *(2)"466- s. q /& Davitl Kellogg Lora McSherry Regina Kean (Associate) Tuesday Jammy 5, 2016 @ 7 p.m. - School Administration Building 566 Main Street, North Andover, MA 01845 Present: J. Simons, L. Rudnicki, L. McSherry, D. Kellogg, P. Boynton, R. Kean Staff Present: J. Enright, B. Wolstromer J. Simons, Chairman: The Planning Board meeting for Tuesday, January 5, 2016 was called to order at 7 p.m. BOND RELEASE: 316 Great Pond Road, Bill Karras: The applicant requests the release of $4,000 Watershed Special Permit performance bond. J. Enright: The As Built and engineer's certification letter has been received. Conservation has issued the Certificate of Completion and returned their bond funds. MOTION: D. Kellogg made a motion to release the bond in the full amount for 316 Great Pond Road. L. Rudnicki seconded the motion. The vote was 5-0, unanimous in favor. PUBLIC HEARINGS: [Continued]: 254 Great Pond Road, Thomas and Nicole Friel: Applicant is seeking to construct a single story addition and a deck to connect the addition to an existing deck within the Non -Disturbance Zone of the Watershed Protection District. J. Enright: Their public hearing opened at the last meeting. The proposed deck at that time cantilevered into the Conservation zone. The applicant has revised the plan and the deck now connects; however, does not encroach upon the Conservation Zone. Lisa Eggleston has completed her review and her concerns have been addressed. The dry well has been relocated slightly based on the review. D. Kellogg: What is the dimension at the tightest corner of the deck? J. Sullivan: It will be 4.5 ft.; acceptable for wheelchair access. It will be one contiguous deck. MOTION: L. Rudnicki made a motion to close the Public Hearing for 254 Great Pond Road. D. Kellogg seconded the motion. The vote was 5-0 unanimous in favor. Board: Reviewed a draft Notice of Decision. MOTION: L. Rudnicki made a motion to approve the Watershed Special Permit for 254 Great Pond Road, as amended. P. Boynton seconded the motion. The vote was 5-0, unanimous in favor. FContinued]: 1812 Turnpike Street George Atallah (C&C Auto Corpl Applicant seeks a Site Plan Review Special Permit in order to raze an existing building and construct a 1 '/2 story, 5,000 +/- SF building for an automobile repair facility with an attached pizza/sub restaurant. The existing parking areas are to remain and additional areas to be added. The proposed project is within the General Business Zoning District (GB) J. Enright: This public hearing opened at the last meeting. There have been some changes made to the site plan and elevations the project engineer will review. The stormwater review remains outstanding. S. Haight, Engineer: We have eliminated the 6 ft. high fence around the back of the site, relocated the dumpster pad to be 20 ft. from the building, eliminated the first parking space off Turnpike Street, added porous pavement in the new parking area, updated the plan set with drainage analysis and sent that to L. Eggleston. We generated a landscape plan to show plantings along Turnpike Street. Behind the building there will be an infiltration area. There will be a sign with a landscaped area around it. Reviewed proposed building designs. Both a vehicle and people were included on the design to give an idea of the scale of the building. A conceptual sketch of the barn concept was presented that gives an idea scale. One color scheme is similar to the plaza next door; brick and tan with a gray roof. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 John Simons, Chairman Lynne Rrtdnicki Peter Boynton Torun of North Arulover PLANNING BOARD David ICellogg Lora McSherry Regina Kean (Associate) Tuesday Janttmy 5, 2016 @ 7 p.m. - School Administratimi Building 566 Main Street, North Andover, MA 01845 L. McSherry: This is huge improvement. Does a metal building peel? Confirmed with applicant the a metal building does not peel. J. Simons: I'm having a hard time visualizing this. I understand tying in the themes from the building next door. S. Haight: The barn/gambrel gives us a lot more room within the building. After that it's an aesthetic issue. The base can be stone or brink. Displayed a sketch of a barn style building to relate the scale of the building in relation to the size of the lot. P. Bo. ny ton: Expressed concern about the barn design in contrast to the new apartment buildings directly behind it. S. Haight: The color scheme and style seems acceptable and we will work out the details later. P. Boynton: Can you clarify the sign and location. Requested to see the sign specs. J. Enright: The sign will need to comply with zoning. Continued]: 2302 Turnpike Street- Earthworks, Inc., Danny Gill (Applicant has requested to continue the Public Hearing until January 19, 2016): Applicant seeks a Site Plan Review Special Permit in order to develop the property as a mixed-use retail business office commercial complex with accessory indoor storage and parking within the Business 2 Zoning District (B-2). Applicant requested to continue until the January 19, 2016 meeting. New: 1665 Great Pond Road, Technical Training Foundation Trust: Applicant seeks a Watershed Special Permit to demolish existing single family dwelling and construct a new single family dwelling with improvements to existing driveway and connection to existing utility services within the Residential 1 Zoning District. Portions of the work are within the Non -Disturbance Buffer Zone of Lake Cochichewick. J. Enright: The applicant has requested that the Board open the public hearing and to continue the hearing until the March 1, 2016 meeting without evidence being heard. The applicant needs to file with the ZBA for a variance for this project. J. Simons: Opened the Public Hearing for 1665 Great Pond Road and stated that no evidence will be heard until the March 1, 2016 meeting. DISCUSSION: 575 Osgood Street, Edgewood Retirement Community: "Small House" Warrant Article discussion. B. Coppola, Edgewood Retirement Community: Gave a brief update on the changes made to the conceptual plans since the Board's site visit. The building locations have shifted slightly, parking capacity has been reduced, and the space between building footprints will be approx. 30-40 ft. apart with lawn areas in between. P. Breen, 770 Boxford St.: Requested the location of the Family Co -Op in relation to the proposed development. J. Enright: Parking requirement is 1 space per unit, or 40 spaces. If a reduction could be approved, given the proposed use, several mature trees could remain which would enhance the screening from Half Mile Hill. P. Hedstrom: The purpose of the proposed changes to the language in Section 13 of the Zoning Bylaw is twofold. The first change calls for an increase to the density requirement by moving the maximum number of units permitted in a Continuing Care Retirement Center from 250 units to 290 units. The second change seeks to loosen the prohibition of development in any portion of land in a CCRC located within a Residential 1 (R1) District by permitting development on such land, but limiting such development to not more than 7% of the lot area. We are tying to be economic with regard to our suggestions. The parcel is 20.3 acres and the footprint of the 2 proposed buildings, including parking, is less than 7% of the R1 property. We are introducing a concept of allowing development not to exceed 7% of the R1 land. This proposed project meets that. We didn't include the adjacent Edgewood property in the calculations. The two buildings total 1.21 acres, with 7% you are @ 1.42 acres. 2 John Simons, Chairman Lynne Rtrtlrricki Peter Boynton Tower of North Andover PLANNING BOARD David Kellogg Lora McSheriy Regina Kean (Associate) Tuesday Janumy 5, 2016 @ 7 p.m. - School Administration Building 566 Main Street, Noy -Ili Andover; MA 01845 88 J. Enright: The Edgewood parcel is approx. 90 acres and is split between R1 and R2 zoning. The parcel of 89 concern is approx, 20 acres; this parcel is within RI district. 90 P. Hedstrom: It's a permitted use in RI, but physical improvements are not allowed. Our approach is minimalist. 91 J. Simons: All the land has to be contiguous. Are you going to do a Form A? 92 P. Hedstrom: We haven't determined that yet. 93 J. Simons: Perhaps we tweak the density from 250 to 300, but for last 50 it has to be a special type of housing. 94 B. Coppola: We have talked about placing the balance of the land under a. Conservation restriction and we've 95 started that conversation with the Trustees of the Reservation. 96 J. Simons: Yes, and include the provisions for path access easement for the town. 97 P. Hedstrom: We are closing on the pond pasture later this week. 98 99 1679 Osgood Street, Chad Lawlor: Discussion on options for adding landscaping as a Permitted Use within the 100 Corridor Development District (CDD3). 101 J. Enright: Since the last meeting K. Foley, Attorney and I have drafted alternative warrant article language to 1.02 allow a new use for landscaping operation in the CDD3. This will require a town meeting vote and we need to 103 determine whether this is a citizen petition or whether the Board will sponsor the article? Also, at the Board's 104 request, Eric Kfoury is here if you have any questions related to the vision for this area. 105 J. Simons: Other than the Police Station there really hasn't been any use changes since the CDD3 was established. )6 Eric and do you think this would this have any adverse effect on the overall economic impact of this area? 107 Eric KfouM Director of Community and Economic Development: Plans for Master Plan update and Bylaw 108 recodification are underway. This will take time. I don't want to predispose my opinion on any open discussion 109 that might take place once the OSGOD Committee convenes. This should be part of the discussion of the OSGOD 110 committee. 111 J. Simons: If we thought change in that area was imminent and something of a higher value were to be considered, 112 you probably wouldn't do this, but if the likelihood is that nothing is going to happen there for many years, you 113 might want to consider it, especially where there are several landscaping businesses there already. 114 P. Breen, 770 Boxford St.: I purchased 1451 Osgood St. in 1999 and I've been selling landscaping since 1970. In 115 2003 my parcel was re -zoned from Il to I2. I didn't realize the area was rezoned in 2008. Provided a history of 116 uses that included a greenhouse at 1.679 Osgood Street. This really isn't a change. 117 L. Rudnicki: Stated she believed that allowing this use will impede the 40R from being developed. There would be 118 a visual impact fi•om potential condo ownership across the street. You can't properly screen that type of business. 119 P. Breen: I disagree. Drive Route 1 and look at the apartments; they do a great jab of screening things. 120 J. Simons: I happen to be laissez-faire on this topic and feel it would be harmless and simple to add a use to the 121 district and make it subject to Special Permit. 122 J. Enright: I have drafted two alternatives for proposed warrant article language. Alternative #1 leaves some 123 subjectivity for the Town Planner and Alternative #2 requires Special Permit. K. Foley also submitted proposed 124 language. All of which were included in the packet. 125 J. Simons: We have to decide if we support this and we'll address it at the next couple of meetings. 126 127 Eric Kfoury: Plans for Master Plan and recodification of the Bylaw: The Town Manager has set the goal for 128 updating the Master Plan over the next 18 months. We're budgeting for this and it will be accomplished via the 129 Planning Board. It's an involved process and it hasn't happened in 16 years. Initially, in addition to the OSGOD 10 Committee, is Phase 1- to recodify and clarify the Bylaw this fiscal year. The overlays have become confusing. 131 We just reviewed the Downtown Overlay. We need to understand what type development we want today, what John Simons, Chairman Lynne Rudnicki Peter Boynton Totiv►► of North Andover PLANNING BOARD e David Ifellogg Lora McSher►y Regina Kean (Associate) Tuesday Janua►y 5, 2016 @ 7 p.m. - School Athninistration Building 566 Main Street, North Andover, MA 01845 132 pants work, what don't and do we have the right zoning tools in place to get it done? It'll take about a year and it 133 will go in step with the Master Plan. We anticipate a couple of public input sessions. The state is touting the 1600 134 Osgood, 170 acre site and the owner is marketing it. It's important to the town and region. People at the state level 135 have mentioned the proximity to 495 is an asset, proximity to the airport is an asset, and having a commuter rail 136 stop would be ideal. 137 138 MINUTES APPROVAL 139 MOTION: L. Rudnicki made a motion to approve the December 15, 2015 minutes. The Board seconded the 140 motion. The vote was 5-0, unanimous in favor. 141 142 EXECUTIVE SESSION: (8:40p.m.) Executive Session to discuss Open Meeting Law Complaint, Osgood Solar 143 LLC, 1600 Osgood Street. 144 MOTION: L. McSheriy made a motion to go into executive session for consultation with Town Counsel for 145 confidential legal advice; and to discuss litigation in the case of 1600 Osgood Solar LLC v. North 146 Andover Planning Board and the Chair declare that an open meeting would be detrimental to the Town's 147 litigation strategy and then return to open session. L. Rudnicki seconded the motion. 148 Roll call vote: John Simons voted to go into Executive Session. L. Rudnicki voted to go into Executive Session. 149 Lora McSheny voted to go into Executive Session. Peter Boynton voted to go into Executive Session. D. Kellogg 150 voted to go into Executive Session. R. Kean voted to go into Executive Session. 151 152 [Open Session reconvened at 9:20 p.m.] 153 Open Meeting Law Complaint Osgood Solar LLC, 1600 Osgood Street 154 J. Simons: Acknowledged the receipt of the Open Meeting Law Complaint. The Board requested that E. Kfouty, 155 Director, Community & Economic Development, respond to the Attorney General in writing regarding the 156 complaint. The response should indicate that the Board will add a consent to the next agenda in order to reconfirm 157 vote on the OSGOD Plan Approval Decision timestamped November 23, 2015 and filed with the Clerk's office. 158 MOTION: L. Rudnicki made a motion to authorize E. Kfoury to respond to the Attorney General Office on behalf 159 of the NA Planning Board regarding the Open Meeting Law complaint. L. McSlierry seconded the motion. The 160 vote was 5-0, unanimous in favor. 161 162 ADJOURNMENT 163 MOTION: L. Rudnicki made a motion to adjourn the meeting. The motion was seconded by D. Kellogg. The 164 vote was 5-0, unanimous in favor. Meeting adjourned @ 9:30 p.m. 165 166 MEETING MATERIALS: Plaiming Board Meeting Agenda January 5, 2016, Planning Board Meeting Agenda - 167 Revised January 5, 2016; DRAFT Planning Board Minutes December 15, 2015; 254 Great Pond Road: 254 168 GPR cover letter, 151224 254 GPR Rev Site Plan, 160105 254 Great Pond Road draft, Eggleston Review 169 Comments (2), Eggleston Review Letter (1) 254 Great Pond Road WSP, Locus; 316 Great Pond Road: 316 GPR 170 Asbuilt Plan, 316 GPR Deed Restriction, 316 GPR Engineer Certification, 316 GPR Modification Decision; 575 171 Os ogod-Ed eg wood: 151221 Edgewood-Proposed Site Plan, Draft proposed Warrant Article language, Locus, 172 Narrative for Edgewood Proposal (1), Narrative for Edgewood Proposal -Zoning, Plan of Pond Pasture 1959; 1600 173 Osgood Street: OML Complaint Process, OPEN MEETING LAW COMPLAINT -OS GOOD SOLAR LLC VS 174 NA PLANNING BOARD -DECEMBER 22 2015; 1665 Great Pond. Road: 1665 Continuance Request, 1665 GPR 0 John Simons, Chairman Lynne Rudnicki Peter Boynton Toivn of North Andover PLANNING BOARD David Kellogg Lora McSherry Regina Kean (Associate) Tuesday Janumy 5, 2016 @ 7 p.in. - School Administration Building 566 Main Street, NoHh Andover, MA 01845 175 Project Description, 1665 GPR 1966 ANR Plan, 1665 GPR_WSP_Application, 1665 GPR Attorney Memo to 176 Planning Board re TTF (1665 Great Pond Road) (00095526-2xBC4F6), 1665 GPR Great Pond Road _Site Plan, 177 Request for Continuance 01.04.1.6 (00096453xBC4F6); 1812 Turnpike Street: 1812 Barn Style Elevations with 178 people (12-23-15), 1812 Existing and Proposed Site Layout, 201512 1812 Turnpike DRAINAGE REPORT (12- 179 30-15) 20151530 1812 Turnpike SITE PLAN FULL SET, Application Turnpike Auto Site Plan Review (11-13- 180 15), elevations w -brick -GRAY (BACK -REAR), elevations w -brick -GRAY (FRONT -SIDE), Locus, REV 1812 181 Turnpike UTILITY update (11-25-15), Local Building Example Photos (3), Conceptual Building Site Sketch; 182 2302 Turnpike: Continuance Request -L5 to 1.19; 1679 Osgood Street: Draft Article language Alternative 1, 183 Draft Article language Alternative 2, Draft Article language Applicant, Locus, Section 16 Corridor Development 184 District -entire section. 185 186 187 188 189 190 5 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 John Simons, Chairman Lynne Rudnichi Peter Boynton Tosvit of North Andover PLANNING BOARD 64VAIW �' 6--3-1& David ICellogg Lover McShei7j? Regina bean (Associate) Tuesday April 19, 2016 a 7 p.m. 566 Main Street -School Adniinisb-ation Building, North Andover, MA 01845 Present: J. Simons, L. Rudnicki, L. McSherry, D. Kellogg, P. Boynton Absent: R. Kean Staff Present: J. Enright, R. Oldham, B. Wolstromer J. Simons, Chairman: The Planning Board .meeting for Tuesday, April 1.9, 2016.was called to order at 7 p.m. DISCIUSSION: Article 24: Appropriation - Capital Improvement Plan for Fiscal Year 2017. To see if the Town will vote to fund the Capital huprovement Program as listed under the heading `Board of Selectmen/Finance Committee/Town Manager Recommendations" and with the language included, or to take any other action relative thereto. FY17 CIP Recommendations aonrd o} Selectmen n Aulhnrizad to Flno a Commlttee 1 s aor under Retnin<tl Enrninncl Town Man 10-1.. h.e-90. Raise 6 Fre. CnshICIP Excess bond Lino j! P-1-eescrinllon R_ommendatlons CPA asee av1 Ano nrlatatl tablazatloe Praeaeds Chanter 44 1 Municipal IT(FY17-FY21) S 50.000 5 S 50,000 2 Voting Equipment Replacement 5 62,800 5 (62.800) 5 - 3 Building Maintenance (FY17-FY21) 5 225,000 5 225,000 4 Sport Turf Field Surface Replacement 5 100,000 S (100,000) 5 - 5 School IT(FYI 7-FY21) 5 100,000 s 100,000 6 Roadway (FYI 7-FY21) 5 1,2.30,000 5 (820,000) 5 410,000 7 Sidewalks (FYI7-FY121) s 75,000 $ 75,000 a Equipment Sweeper 5 185,000 S 105,000 9 Water & High Sl Intersectlon & Streelscape S 325,000 $ 325,000 10 S Wheel Dump Truck 5 180,000 $ 180,000 11 Replacement Mini Bus s 52.000 $ (52,000) 5 - 12 Facilities Master Plan $ 4,620,885 S4,620685 13 Playground Improvements (lownwide) S 50,000 5 50,000 14 Intergrated Public Safety Reporting System 5 208,875 5 208.875 15 Replace Ambulance S 268,197 5 268,197 General Fund Total $ 7,732,767 S (020,000) 9 $ (214,000) $ $ 6,697,967 1s Ozone System s 200,000 S - s - 5 (200,000) 5 - 5 - 17 Chemical Storage Tank & Feed System Improv. 5 775,000 5 (175,000) S - 16 Value & Hydrant Repalcemenl 5 100,000 s (100,000) $ - Water Enterprise Fund Total $ 475,000 $ 5 $ (476,000) S $ 19 Improvements to various Pump Stations 5 150,000 5 - 5 $ (150,000) 5 - S - Sewer Enterprise Fund Total $ 160,000 $ $ $ (160,000) S s 20 Main House Improvements s 110,000 5 (110,000) $ - 2t Sl- scape Improvements 5 15,000 5- (15.000) s Stevens Estate Fund Total $ 126,000 S $ it (126,000) $ Total All Funds $ 9,462,767 S (920,000) $ $ (964,600) $ $ 6,697,967 that to meet this appropriation: (I) The Treasurer with the approval of the Board of Selectmen is authorized to borroly 56,697,957 under chapter 44 of the Massachuseties General Law or any other enabling authority; (2) The appropriations for items 2 and I 1 above shall be funded lvith Free Cash in the ara.uf 0f $1 14,800 (3) The appropriation for item 4 above shall be funded %vith a transfer from Capital Stabilization Fund in the aMouat of $100,000 (4) l'hc appropriations for items 16, 17, 18 &. 19 above shall be funded with Water Enterprise fund retained earnings in the amount of $625,000 (5) "flee appropriation for item 20 & 21 above shall be Funded \villi Stevens Estate Enterprise fund retained earnings in the amount of $125,000 1 John Simons, Chairman Lynne Rudnicki Peter Boynton Totivn of North Andover PLANNING BOARD David Kellogg Lora McSheriy Regina Kean (Associate) Tuesday April 19, 2016 @ 7 p.m. 566 Main Street -School Adnriitistratiorr Building, North Andover, MA 01845 17 Town Manager 18 19 PlanningBoard Recommendation: L. Rudnicla made a motion�for favorable ble action on Artiele 24 20 (Specifically, items 6-10 & 16-19). D. Kellogg seconded the motion. The vote was 5-0, unanimous in 21 favor: 22 23 Vote Required: Two-thirds (2/3) Vote 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 EXPLANATION:- A Capital Improvement Plan (CIP) consists of projects that are major, non routine expenditures for new construction, major equip n ntpurchase, or improvement to. existing buildings.. facilities, land or infrastructure with an estimated useful life of five years or more, and a cost of $25,000 or more, `Items in this plan are funded by debt; the Town will issue bonds of 10,15 or 20 years (de.pendi..ng upon the project) and pay principal and interest payments over that term. The bonds may be general obligation (funded by the general tax levy) or special obligation (funded by water or sewer rates). 1755 Osgood Street, Kettle Pizza: Request for Waiver of Site Plan Review J. Enright: This building is currently vacated and the Applicant, Kettle Pizza, would like to use the building for light manufacturing. There is currently an unused curb cut on Route 125 that is blocked off and grass currently covers the area. T. Willet has reviewed the curb cut and has stated the Applicant needs to go through MassDOT to confirm the curb cut is still valid. The plan also calls to widen the entrance to Bradford Street for tractor trailer traffic. J. Simons: Is this use allowed under the current zoning? J. Enright: No, not under the current zoning. The current zoning is CDD3. Previously, under the former tenant it was 12. But this building was being used up until two months ago. J. Simons: It's one thing to have a pre-existing non -conforming use, but there is no "use" there now and that creates a technical problem. Phil Christiansen, Applicant's Engineer: l did not receive a determination from G. Brown in writing. As I understand it, if it's been abandoned for a year, you would look at it more closely, but this is a continuous use and they have a lease. J. Simons: The square footage requires how many parking spaces? P. Christiansen: We have more than adequate parking. J. Enright: The calculation is 1.5 per thousand sq. ft. of gross floor area. The building is approx. 11,000 sq. ft., so approximately sixteen spaces are required. Currently, there are 25 spaces. P. Christiansen: The access to Route 125 is a State Highway issue versus a North Andover issue. The trucks will exit toward Bradford Street. However, turning becomes difficult so we have added pavement to the plans and widened the access to enable the trucks to safely make their turns. They will typically enter via access from Route 125, drive past the loading dock and back in. The existing curb cut has never been abandoned; we will notify MassDOT that it will be re -opened. 4 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 John Simons, Chairman Lynne Rudnicki Peter Boynton Torvn of North Andover PLANNING BOARD David Kellogg Lora McSheriy Regina Kean (Associate) Tuesday Alrril 19, 2016 @ 7 p.rn. 566 Main Street -School Adritinistratiort Building, North Andover, MA 01845 J. Enright: The design standards for off street parking and loading is currently 25 ft width max. for two way traffic in and out. It is currently at 62 ft., this adds another 32 ft. to the width of the curb cut; it's beyond the standards now. Does the entrance require more organization for being so wide? J. Simons: The issue here is using the roadway for the tractor trailers to turn around. I don't imagine the NAPD would prefer this. P. Christiansen: Correct, if you designed it today you would choose to do it differently. L. Rudnicki: We don't allow 92 ft., we allow 25 ft. J. Simons: We could eliminate a few parking spaces to allow for the turn. D. Kellog: How about moving the 62 ft. northward? This wouldn't change the existing width. P. Christiansen: That could be done. L. Rudnicki: Is this considered a waiver? We will need NAPD, NAPD and DPW review. L. McSherry: We should also send notice to the neighbors. J. Simons: The Applicant needs to determine how they would like to proceed in terms of the access on Bradford Street and Planning Staff will gather feedback from the appropriate departments and address this issue at the next meeting. PUBLIC HEARINGS: CONTINUED PUBLIC HEARING: 2302 Turnpike Street- Earthworks Inc. Dann: Applicant seeks a Site Plan Review Special Permit in order to develop the property as a mixed-use retail and business office commercial complex with accessory indoor storage and parking. R. Oldham: We have sign offs from the BOH, DPW and NAFD. The stormwater review is complete and Conservation has issued their Order of Conditions. We have drafted a Decision for your review. MOTION: D. Kellogg made a motion to close the Public Hearing for Site Plan Review for 2302 Turnpike Street. L. Rudnicki seconded the motion. The vote was 5-0, unanimous in favor. MOTION: D. Kellogg made a motion to approve the Decision, as amended, for Site Plan Special Permit for 2302 Turnpike Street, Earthworks, Inc. L. Rudnicki seconded the motion. The vote was 5-0, unanimous in favor. NEW PUBLIC HEARING: 254 Great Pond Road Tom and Nicole Friel: Application for Watershed Special Permit Modification. Applicant seeks to amend a Watershed Special Permit issued January 5, 2016 by adding a small addition off of the existing garage within the 250 foot "Non- Disturbance" buffer zone and to extend the existing porch to provide handicapped access. R. Oldham.: The applicant was last before the Board in January 2016. They were granted a Watershed Special Permit. Recently, the applicant requested a. Modification to that WSP to construct a 309 sq. ft. addition off the existing garage, reconstruct the existing driveway and extend the existing porch on the front of the existing home to provide handicapped access. L. Eggleston has reviewed the project and deemed the modifications nominal and no further stormwater is required. The Town Engineer has signed off and reviewed the modification and instructed the applicant to apply for a driveway permit. All other sign offs have been received. Jack Sullivan., Project Engineer: I have added a second drywell to capture roof runoff from the garage extension and provided a detailed grading plan showing no water moving toward Great Pond Road rather drained into the grass swale on site. This is an improved drainage condition. L. Rudnicki: Can you verify your net improvement calculations with the added roof? J. Sullivan: There is a note to this effect on the drawing noting a net improvement of over 300 sq. ft. of roof area bei,•g recharged. It's well .in excess. J. .,;ons: How many changes are you proposing? 3 John SinnoYrs, Chairman Lynne Rudtricki Peter Boynton Tower of North Andover PLANNING BOARD David Kellogg Lora McSherry Regina Kean (Associate) Tuesday April 19, 2016 @ 7 p.m. 566 Main Street -School Administration Building, North Andover, MA 01845 100 J. Sullivan: Three. The garage addition, porch extension and reconstruction of the driveway which will be graded 101 differently but the footprint stays the same. 102 L. Rudnicki: With the proposed first addition and the second addition they have not reached the 25-50% max GFA 103 increase? 104 J. Em•ight: The gross floor area is 925 sq. ft. with the proposed additions. The gross floor area is 2,236. All 105 additions meet the 25-50% requirement. 106 L. Rudnicki: We need to add a condition that any additional renovations shall not increase the GFA more than the 107 maxinuim allowed for the existing footprint, per Zoning Bylaw Sections 4.1.36 c.ii (7). This restriction should also 108 be noted on the deed for all future homeowners. 109 MOTION: L. Rudnicki made a motion to close the public hearing for Watershed Special Permit Modification for 110 254 Great Pond Rd. D. Kellogg seconded the motion. The vote was 5-0, unanimous in favor. 111 MOTION: L. Rudnicki made a motion to approve the WSP Modification for 254 Great Pond Rd., as amended. D. 112 Kellogg seconded the motion. The vote was 5-0, unanimous in favor. 113 114 CONTINUED PUBLIC HEARING: Awitial Town Meeting Zoning Articles: Warrant Articles 9 and 11. 115 116 Article 9: -.Amend Zoning Bylaw — Section 8: Supplementary Regulations. To see if the Town will 117 vote to amend the Town of North Andover Zoning Bylaw, Section 8 — Supplementary Regulations, by 118 malting the following amendments to Subsection 8.3 (by identifying text which is deleted as 119 strikethrough and text added as underlined), as follows: 120 121 8.3 Site Plan Review 122 123 5. Information Required 124 a) Special Permit Application Form, along with any fees as may be set by the Town Bylaw; 125 b) Drawings prepared at a scale of one inch equals forty feet (1 "=40') or larger, or at a scale as 126 approved in advance by the Town Planner. Revised plans shall contain a notation listing and 127 describing all revisions, additions, and deletions made to the originally submitted plans and 128 the date of each. 129 c) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil 130 engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be 131 prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. 132 All building elevations shall be prepared by a certified architect registered in the 133 Commonwealth of Massachusetts. All stormwater management plans and drainage 134 calculations must be submitted with the stamp and signature of a Professional Engineer 135 (PE) licensed to conduct such work in the Commonwealth of Massachusetts. 136 d) The times for submission of the site plans for review by the Planning Board are specified in 137 Section 10.3 of the Zoning Bylaws (Special Permit Regulations) 138 e) The following information must be submitted along with the application: .19 John Simons, Chairman Lynne Rudnicki Peter Boynton Torvn of North Andover PLANNING BOARD David Kellogg Lora McSllerry Regina Kean (Associate) Tuesday April 19, 2016 @ 7 p.tn. 566 Main Street -School Adiuinistrlltiort Building, North Andover; MA 01845 139 i. NORTH ARROW/LOCATION MAP: A north arrow and a location map showing 140 surrounding roadways and land uses adjacent to the site (1 "=1500'). Location Map should 141 show at least one intersection of two existing Town roadways. 142 ii. SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of the 1.43 Essex County Registry of Deeds Office. The survey shall be dated and include any 144 revision made to the survey or site plan. Any change in the survey shall be recorded 145 before site plan approval may be granted. 146 iii. NAME/DESCRIPTION OF PROJECT: The name of the development and the names, 147 addresses and telephone numbers of the project listing tenants, land uses, development 148 phases, or other pertinent information necessary to evaluate the proposed development 149 plan. 150 iv. EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal 151 encumbrances(s) that are related to the sites physical development, and a listing of any 152 condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation 153 Commission, or any public body or agency, with the authority to place conditions on the 154 sites development. 155 v. TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (2') 156 contour intervals. The eonto r -s shall extoll at least fir+ (50') feet beyond the site 157 �roT�o�a submitting boundaries by estimation of the Existing topography 158 fifty feet (50') beyond the perimeter of the parcel as it appears on the most current Town 1.59 of North Andover topographic mapping shall also be shown 160 vi. ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided 161 regarding the site's development. This information shall be placed in a table and list all 162 parking, setbacks, percent of lot coverage, floor -area -ratio, number of dwelling units, total 163 amount of square feet, size of signs and any other applicable zoning information 164 necessary for the proper review of the site plan by the Town Planner and Planning Board. 165 vii. DRAINAGE AREA MAP: A drainage area map showing pre and post construction 166 watersheds, subwatersheds and stormwater flow paths including municipal drainage 167 system flows; 168 viii. STORMWATER MANAGEMENT PLAN: All applications for Site Plan Review shall 169 include the submittal of a Stormwater Management Plan prepared in accordance with the 170 latest version of the Massachusetts Stormwater Handbook and additional criteria 171 established herein and demonstrating full compliance with the Massachusetts 172 Stormwater Standards and the North Andover Stormwater Management and Erosion 173 Control Regulations promulgated under Chapter 160 of the Town Bylaws (Stormwater 174 Management and Erosion Control Bylaw), -All -ctrl m�+ • '�'+' 175 utilized by the site shall be shown on the si4e plan. 176 shown the plan shall be submitted to dhe 177 178 mitigation of i!off te sero of the 2 10, a 100 year stormvent. John Sinions, Chairman Lynne Rudnicki Peter Boynton Tome of North Andover PLANNING BOARD David Kellogg Lora McSheri y Regina Keary (Associate) Tuesday April 19, 2016 @ 7 p.m. 566 Main Street -School Administration Building, North Andover, MA 01845 179 ix. BUILDING LOCATION: Identification of all existing and proposed structure(s) located 180 on the site. The number of stories, overall height in feet and gross floor area in square feet 181 of all structure shall be indicated. 182 x. BUILDING ELEVATION: A drawing of the exterior of the building, as viewed from the 183 front (street view) must be submitted. The Planning Board may request side and rear 184 views if relevant to the Board's review. This drawing must be at least 8" x 11" in size. 185 xi. LOCATION OF PARKING/WALKWAYS: Identification of the location of all existing 186 and proposed parking and walkways areas, including curb cuts that will be used to access 187 the site from adjacent roadways, or access points. 188 xii. LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in 189 M.G.L. Chapter 131, Section 40 and/or the Town of North Andover Wetland Protection 190 Bylaw Ch. 178), shall be shown on the site plan. If applicable, the applicant shall file a 191 Notice of Intent with NACC concurrently with the application to the Planning Board for 192 Site Plan Review. 193 xiii. LOCATION OF WALLS/SIGNS: Identification of the location, height and materials to 194 be used for all retaining walls and signs located on file site. Signs will be reviewed using 195 the guidelines set forth in Section 6.7 (H) of the Zoning Bylaw. 1.96 xiv. LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and 197 driveways including the type of curb and gutter to be used, and their dimensions. 198 Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any 199 streets which is adjacent to the site. 200 xv. OUTDOOR ST ORAGEMISPLAY AREAS: Identification of the location and type of 201 outdoor storage and display areas on the site. 202 xvi. LANDSCAPING PLAN: The general outline of existing vegetation, wooded areas, 203 significant trees unique species and tree clusters and the extent of all vegetation, wooded 204 areas significant mature trees (> 12 inches DBH), unique species and/or tree clusters to 205 be removed and identification of the location and landscape schedule of all perimeter and 206 interior landscaping, including but not limited to proposed paving materials for walkways, 207 fences, stonewalls and all planting materials to be placed on the site. in addition, a" p 208 V 11vv LLla, ..v vv va av��av r vw u existing t • ovef 12 11aehes DB14 to be saved or Femr,cua�-1 shall beshown on the site 209 plan: Any landscaping required by the Town Bylaws shall be indicated on the site plan in 210 tabular form showing the amount required and the amount provided. 211 xvii. REFUSE AREAS: Identification of the location of each outdoor refuse storage area, 212 including the method of storage and screening. All refuse areas must be fully enclosed. 213 xviii. LIGHTING FACILITIES: Identification of the proposed illumination, indicating the 214 direction and the degree of illumination offered by the proposed lighting facilities, 215 including an example of the light fixture to be used. 216 site. 217 study is the proposed storm wateF fun off rates into the existing dFainage system and its 218 potential down stream ' . aet o the existing ,a..,,.nage cyst@,,, John Simons, Chairman Lynne Rudnichi Peter Boynton To►vuu of'Norlh Andover PLANNING BOARD David Kellogg Lora McSheriy Regina Kean (Associate) Tuesday April 19, 2016 @ 7 p.m. 566 Main Street -School Adntiiiistr(ition Building, North Andover, MA 01845 21.9 xx. TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the 220 expected traffic impacts to occur based upon the proposed project. Projects which access 221 state highways, a traffic impact study shall be filed with MEPA concurrently with the 222 Planning Board review. A copy of the MEPA study shall be filed with the application to 223 the Planning Board. 224 xxi. COMMONWEALTH REVIEW: Any information required and submitted to any agency 225 of the Commonwealth, shall. be filed with the Planning Board upon the initial submission 226 of the project for Board review. 227 xxii. UTILITIES: All utilities, including water line locations, sewer line locations and profiles, 228 and storm drainage systems; 229 xxiii. FISCAL IMPACT: Projections of costs rising from increased demand for public services 230 and infrastructure; provisions of benefits from increased tax revenues, employment and 231 infrastructure improvements; and impacts on adjacent property values. 232 xxiv. COMMUNITY IMPACT: Analysis of the project's impact on the surrounding 233 neighborhood in terms of architectural consistency, pedestrian movement and overall 234 character; impacts on nearby historic structures or site; and an evaluation of the proposed 235 project's consistency and compatibility with existing local and regional plans. 236 f) If the site plan review application is for the construction of any new wireless service facility 237 on a previously permitted facility as set forth in Section 8.9(3)(a)911) Wireless Service 238 Facilities Use Regulations, the information required by Section 8.9(5) must also be submitted. 239 The SPGA may grant a waiver from these submittal requirements if it finds that such 240 information is not needed for a thorough review of a proposed personal wireless service 241 facility (1998/38). 242 243 6. Review Criteria/Design Guidelines 244 a) The following criteria and design guidelines shall be used by the Planning Board in 245 evaluating the site plan review and all information submitted as part of the application. 246 i) General 247 a) Conformance with all appropriate provisions of the Zoning Bylaw. 248 b) Protection of abutting properties from detrimental site characteristics. 249 ii) Environmental 250 a) Protection of unique or important natural, historic or scenic features. 251 b) Adequacy of proposed methods of refuse disposal. 252 c) Ability of proposed sewage disposal and water supply systems within and adjacent to 253 the site to serve the proposed use. 254 d) Adequacy of the proposed drainage system to mitigate runoff increases and protect 255 water quality. within and adjacent to the site to handle the itiereased Funeff resulfiilg 256f,am the dee pA 7 John Simons, Chairman Lynne Ruditicki Peter Boynton Torvn of North Andover PLANNING BOARD David Kellogg Lora McSherry Regina Kean (Associale) Tuesday ApH119, 2016 @ 7 p.m. 566 Main Street-Scliool Arlr»inislr(itiorr Buil(Iing, Nortlr Andover, MA 01845 257 e) Provision of adequate landscaping, including the screening of adjacent residential 258 uses, provision of street trees, landscape islands in the parking lot and a landscape 259 buffer along the street frontage. 260 f) Adequacy of the soil erosion plan and any plan for protection of steep slopes, both 261 during and after construction. 262 g) Protection of adjacent properties by minimizing the intrusion of lighting, Including 263 parking lot and building exterior lighting. 264 h) The proposed development must not present a demonstrable adverse impact on the 265 surrounding area resulting from excessive noise, dust, smoke, or vibration which are 266 higher than levels now experienced from uses permitted in the surrounding area. 267 iii) Design 268 a) Buildings shall be located with respect to setbacks placement of parking landscaping 269 and entrances and exits with surrounding buildings and development. 270 b) The buildings shall relate harmoniously to each other in architectural style, the 271 location and building exits and entrances. 272 c) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop 273 equipment, utility buildings and similar features. 274 d) Electric, telephone, cable t.v., and other such lines and equipment must be placed 275 underground. 276 e) Demonstrate that the scale, massing and detailing of buildings are compatible with 277 those prevalent in the surrounding area. 278 iv) Traffic/Parking 279 a) The location and number of curb cuts shall be minimized to reduce turning 280 movements, and hazardous exits and entrances. 281 b) Provision for access to adjoining properties shall be provided as appropriate. 282 c) Driveways shall be located opposite each other wherever possible. 283 d) Joint access driveways between adjoining properties shall be encouraged. 284 e) Internal circulation and egress shall provide for traffic safety, and access to and 285 from minor streets servicing one family dwellings shall be minimized. 286 v) Stormwater Management 287 a) At a minimum all projects subject to Site Plan Review shall comply with the criteria, 288 specifications and performance standards of the most recent version of Massachusetts 289 Stormwater Management Standards and accompanying Stormwater Management 290 Handbook. The Lake Cochichewick Watershed Area shall be considered a Critical 291 Area in terms of applicability of the standards. 292 b) Projects subject to the Bylaw shall also comply with the requirements and criteria 293 outlined in Sections 7.0 through 10.0 of the North Andover Stormwater Management 294 and Erosion Control Regulations promulgated under Chapter 160 of the Town Bylaws 295 (Stormwater Management and Erosion Control Bylaw). 296 vi) Landscape Design 8 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 John Simons, Chairman Lynne Ruditicki Peter Boynton Tomi of North Andover PLANNING BOARD David Kellogg Lora McSheriy Regina Kean (Associate) Tuesday April 19, 2016 @ 7 p.rn. 566 Main Street -School Atlrrtirristr•ation Building, North Andover, MA 01845 a) Landscape designs shall be developed based on soil, light and other site specific conditions. Plant species shall be chosen for their ability to thrive in the post - development soil, water and use conditions of the site without significant supplemental water or fertilizer, once established. b) Plant species shall be native to inland Essex County or shall be cultivars of these native species. Planning Board Planning Board Recommendation: L. McSherry recommended favorable action on Article 9. L. Rudnicki seconded the motion. The vote was 5-0, unanimous in favor:; Vote Required: Two Thirds (2/3) Vote EXPLANATION: This Article Proposes to amend Section,8, Supplementary Regulations; to allow for some minor modifications to text and•to make the information required and review criteria for Stormwater M aikagemen"t consistent with. the requirements :for... other local; state and ..federal regulations. Article 11: Amend North Andover Zoning Bylaw — Section 16: Corridor Development District. To see if the Town will. vote to amend the Town of North Andover Zoning Bylaw, Section 16 — Corridor Development District, by making the following amendments to Subsection 16.4 in order to allow light manufacturing as a permitted use within the Corridor Development District 3 (CDD3) and to Subsectionl6.5 in order to allow contractor yards, landscaping, lumber or other building materials, including outdoor sales and outdoor storage of material, equipment, and supplies within the CDD3 subject to a Special Permit (by identifying text which is deleted as strikethrough and text added as underlined) as follows: 16.4 Corridor Development District 3 (CDD3) - Permitted Uses In the Corridor Development District 3, no building or structure shall be reconstructed, erected, altered or used for any other purpose than the following: 1. Retail uses provided there is no outdoor sales or storage of materials and products. However, auto sales and repair are not allowed. 2. Restaurants excluding drive-through facilities. 3. Personal service establishments. 4. Indoor recreation, fitness, and health care facility. 5. Indoor place of amusement or assembly. 6. Outdoor place of amusement or assembly. 7. Public building or use and Public Service Corporation. 9 John Simons, Chairman Lynne Rudniclri Peter Boynton Towrr of North Andover PLANNING BOARD David Kellogg Lora McSherr}, Regina Kern (Associate) Tuesday April 19, 2016 rr 7 p.m. 566 Main Street -School Adnrinistratio/t Building, North Andover, MA 01845 337 8. Professional offices including, but not limited to barrlcs, real estate offices, insurance offices, 338 physician offices, dentists, attorneys, architects, engineers or accountants. One drive-through 339 facility shall be permitted every 500 linear feet of street or highway as measured along centerline. 340 9. Medical Center. 341 10. Research and Development Facility not to exceed 25,000 square feet. 342 11. Printing and Reproduction. 343 12. Warehousing and Wholesaling. 344 13. Motel and Hotel. 345 14. Art Gallery. 346 15. Cultural Center or Museum. 347 16. Place of worship. 348 17. Day Care Center. 349 18. Same-structure/On-site Mixed Use Developments: 350 a. Residential uses shall not be located on the first floor of a structure or building. 351 b. Apartments and condominiums shall be allowed where such use is not more than fifty percent 352 ' (50%0) of the gross square feet for a two (2) story building and seventy-five percent (75%) of 353 the gross square feet for a three (3) story building. 354 19. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, 355 packing or treatment of articles or merchandise provided such uses are conducted solely within a 356 building and further provided that such uses are not offensive, noxious, detrimental, or dangerous 357 to surrounding areas or the town by reason of dust, smoke, filmes, odor, noise, vibration, light of 358 other adverse environmental effect. 359 360 16.5 Uses Subject to a Special Permit 361 362 4. Contractor's yard, landscaping, lumber or other building materials, including outdoor sales and 363 outdoor storage of material, equipment, and supplies within the CDD3 District provided: 364 a. The products, material or goods displayed, stored or sold outdoors must not be visible 365 from any residential use 366 b. The goods materials and products permissible for outdoor storage, display and sales 367 hereunder, shall explicitly exclude automobiles, motorcycles, or other wheeled vehicles 368 and include only goods materials and products, which are customarily stored, displace 369 or sold outdoors without the necessity for cover from the weather. Fertilizers and other 370 toxic, hazardous chemicals are also excluded herein. 371 C. The amount of area designated for outdoor storage shall be included in the dimensional 372 requirements for maximum lot coverage 373 d. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such 374 as masonry or solid wood fencing which in the opinion of the Planning Board, will not 375 derogate from the surrounding area. Sufficient landscaping shall be provided around the 376 perimeter of the storage area at the discretion of the PlanningBoard. oard. 10 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 41.2 413 414 415 416 417 John Simons, Chairman Lyinte Rudnicki Peter Boynton Toiwr of North Amlowr PLANNING BOARD David Kellogg Lorry McSherry Regina Keary (Associate) Tuesday April 19, 2016 @ 7 pan. 566 Main Street -School Adri:inistration Brrildirig, North Andover, MA 01845 e. Only living plants can be higher than the surrounding vertical structural screening_ And further that the non -substantive changes to the numbering of this bylaw by the Town Cleric be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover. Or to take any other action relative thereto. Planning Board Planning Board Recommendation: D. Kellogg recommended favorable action on Article 11. L. McSherry seconded the motion. The vote was 5-0, unanimous in favor: Board Discussion. The map included with this article is incorrect, as it shows the Subdivision Stanton Way in CDD3 Ding ieView, rt`was found that the line iieai•"1679 Osgood Street may Have beemiove8 during the 2013 recodification of the zoning nap. The 2009 snap correctly displays the zoning line. IJowever, after corinatioit the Aitoiiiey General's office this zoning'map change inust be done at Town Meeting and cannot be done adii nistiatively Vote Required Two Thirds (2/3) Vote EXPLANATION This Article proposes to amend the Corridor Development District (CDD3) to '• g yards, P•g, allow light manufacturing as a permitted use and to allow contractor ards landscaping, lumber or other buildingmaterials includin outdoor sales and outdoor storage of material, equipment, and supplies subject to a Special. Permit. Following is a map showing where the district is located. NEW PUBLIC HEARING: Annual Town Meeting Zoning Article: Warrant Article 16: Article 16: Citizen's Petition -Petition to the Town of North Andover -Amend Zoning Bylaw — Miscellaneous. To see if the Town will vote to amend the Town of North. Andover Zoning Bylaw, by amending the following Sections as follow, or to take any other action relative thereto. Amend Zoning Bylaw, Section 4.127 (Business 2 Zoning District), Subsection 15, by inserting the term "....by the Planning Board." So that subsection 15 shall read as follows: "15. Multi -family dwelling and town houses (with Special Permit by the Planning Board.) Amend Section 7.4 (Building Heights), by inserting after subparagraph 5, a new sub -paragraph 6. So that Section 7.4 shall now read as follows: 11 John Simons, Chairman Lynne Rudnichi Peter Boynton Torvii of North Andover PLANNING BOARD David I(ellogg Lora McSheriy Regina Kean (Associate) Tuesday April 19, 2016 @ 7 p.m. 566 Main Street-Scliool Adiiiinistiration Building, North Andover, MA 01845 41.8 419 7.4. Building Heights 420 Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing 421 limitations of height in feet in the designated zoning districts shall not apply to: 422 1. Farm buildings on farms of not less than ten (10) acres. 423 2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, 424 processing towers, and other accessory structural features usually erected at a height 425 greater than the main roofs of any buildings. 426 3. Nor to domes, bell towers, or spires of churches or other buildings, provided all features 427 are in no way used for living purposes. 428 4. And further provided that no such structural feature of any non -manufacturing building 429 shall exceed a height of sixty five (65) feet from the ground. 430 5. Nor of a manufacturing building a height of eighty five (85) feet from the ground, or 431 pharmaceutical manufacturing silo having a height one hundred -fifteen (115) feet from the 432 ground, or 43.3 6. A waiver of the maximurn height provided under Table 2 when granted by the Planning 434 Board, as Special Permit Granting Authority, after the Planning Board has made a 435 determination, based upon consideration of site design, the neighborhood context, 436 topography and/or other circumstances that such waiver shall not be substantially more 437 detrimental to the neighborhood than existing conditions. 438 439 Petition of John Smolak, et al 440 Planning Board Recommendation: Postponed. until the May 3, 2016 meeting. 441 442 Vote Required: Two-thirds (2/3) Vote 443 444 Brian Vaughan on behalf of petitioner, Princeton Properties: We are here. to propose aniendmeiits to what was 445 initially diafled The feedback from the informal discussion; that took place at the last Public Meeting on April 446 19'x', was that the proposal was too broad In order to address these conch its we made tl e following ari eniiment` 447 waivers co " ., _ uld2oily be'g�'anted,foi• thaB2 Zoiiiig Di trict, on parcels of 'S acres.or iiiore, and -only app licable to 448 residential buildings, and the height waiver shall i�otpermit a sh uct�ire to exceed four Stories m height, 449 Andrew Chapin Princeton Properties: We are trying to determine whether we.can .give the Planning Board the 450 maximum flexibility to be able to review a project and discuss'a'prolect in a comprehensive foirrr We'`have been 451 in business for 45 years; We are proud of our developments. We have looked at the;feasibility Under:the :existing 452 zoning .and our team is .ready -:to uti,tize the. site in 'the best way 'possible We `believe these changes. give the 453 Planning :Board the modern planning tools jn prder to review this comprehensive .project? 454 J. Simons: You are asking us for bvo ,things: for.us to be the permitting authority, because we are the land use 455 Board and .that is a hat we do,. and for lleiglit flexibility. You would still go through the regulatory process. Are 456 theme any public comments on this matter of granting this authority to the Planning Board? 12 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 John Simons, Chairman Lynne Rcrdrricki Peter Boynton Town of North Andover PLANNING BOARD David -Kellogg Lora McSherty Regina -Kean (Associate) Tnesday April 19, 2016 @ 7 p.tn. 566 Main Street -School Administration Bitilrling, North Andover, MA 01845 Justin Hayes, 219 French Faun Road, Abutter: I think two heads are better than otle, I have concerns when -there, . is equest to avoid scrutn .and oven a request to streamline. I thunk ,it is a r y sigllt..Tliey only. want 'to ,deal with one t group I hink conflict can be good It,sear�es me when people come.before you :asking to eliminate another g.11 roup: Andrew 'McDevitt, 26G Barker Street, :Abutter;. T undestand,the Planning Board ;looks at,the over all di�ectio:n of where the Town is. gonig-buttlie ZBA is the tool and .Board that scrutinizes hove rve,dothat with,restrictions and gurdelnies `They a'e being ucry specrfc;about gettuig this4. approved for a specific protect, Which benefits thein, yet it has a broader irriplication..for the rest .of the'Town, This ;is substantially more detrimerfal to the vacant lot, our neig, hbozliood aiid'the, coninnuiity that exists -note.; J Simon, The role of.the.ZBA is to deal with. equities, or ".matters of fundamental fairness and issues": If it is a use allowed by right, there rs no ZBA.` A McDevitt: Do the two Boards collaborate?. J Siib6n§: No, they go first acid make the decision and we go,second. The, applicatit is say ingtlle ZBA dec11 ision could be so stringent; limiting the Planning Board in the Site Plan Review process. We cannot reject what has What, does the ZBA oversee. versus the Planning Boar d in terms of J Simons -The ZBA deals with matters of broad ecp uty and Nriiess. Tliey meet once a month TheY do 40B protects. Tliey doi.'t get :into details, curb cuts; site distance, traffic patterns, etc 'We"are:in the land use business; We hire professronM `consulter ts''all thef trme.'We have more staff: `They don't get into ;Elie nuts 'and, bolts unless they get prescriptive in What they appro.ve..It's anopen process, but there is .risk about the integration between the two;; We tvarit, to do w iat'is best for the Town,. l:here are good arguments"6i �eithe side• Th's is a`hard decision for this.Board! A. Chapin: The Planning Board didn't ash. for this, we,lnrougl t this concept torthe Planning $oard w_ _ . Michael Schmitt 111 French Faris Road, Abutter. Consolidating tlne process rs avoiding scrutiny; Bob -Bohlen Forgetta Property Owner: 1'.v owned this property for 17 -years. I have had the opportuiiia to sell this property for lzotentral-;40B pr'o�ects;'I could'have sold it for significautlymore.:Brit Iagreed to sell:to Pr incetor Properties ,because of their plan: one and two bedrooms and. no 40B. I believe it wild be a significant benefit to the community.: That 7nay riot happen rf the ZBA is involved. The mimber of school children living ur 1 2. bedroom units is dra�ilatical ly less than.if this developtinent were a 40 B, with 3-4 "bedroom units; P. Bo n� ton: Are tl ere otlrerlurisdretrorls. in the Merrimack that have faced this philosophical trend? J. Simons.'My hypothesis is"that thrs'is evolvin g more. The planning boards have the :backgrotmd and tools to I ddress projects ofthis=scale -J. Simons:'We will likely vote' on this at our next meeting, DISCUSSIONS: 122 Foster Street, Varsity Wireless/AT&T: Wireless Facility Special Permit Pre -Application Conference. R. Oldham: This is a wireless pre -application conference for an installation at 122 Foster Street. Francis Parisi, Attorney, Varsity Wireless, Applicant & Brian Orlandi Director Operations Varsity Wireless: We develop and build structures for telecom facilities, AT&T, Verizon, T -Mobile. For three years, we have been looking for a cell tower site in North Andover. This location addresses local gaps in coverage. We have located a ten acre farm property with a substantial tree canopy providing a buffer. It doesn't however meet 100% of your zoning bylaw requirements. The parcel is deep and there's an elevation change; a drop to the rear of the property. The tower will be camouflaged as a faux pine tree in this forested area. We will advertise a balloon test, notify all 13 John Simons, Chairman Lynne Rudrrieki Peter Boynton Torun ofNorlhAndover PLANNING BOARD David Kellogg Lora McSheriy Regina Kean (Associate) Tuesday April 19, 2016 @ 7 p.rn. 566 Main Street-Sellool Arlministratiorr Building, North Andover, MA 01845 500 abutters and we will simulate what it will look like with various photos. We will need dimensional variances. We 501 would need to go to the ZBA for this. Visibility and height will be the biggest issue. 502 F. Parisi: We suggest we open the process with the Planning Board before going to the ZBA. The other alternative 503 for efficiency is to coordinate a joint meeting with both Boards. 504 J. Simons: The notion of doing things parallel by meeting with us first, seems fine with this Board. 505 F. Parisi: They can hold a Special Meeting requiring notice and you can open both public meetings at once. 506 Scheduling is the difficulty, but it will prove more efficient. 507 J. Simons: Have you filed with us yet? 508 F. Parisi: No, your zoning bylaw requires me to do this first. I'll try to schedule you as the first hearing. One of the 509 requirements is that we put a balloon in the air have it up in the sky before the first public hearing. Do you prefer a 510 Saturday or weekday? 511 J. Enright: Requested a Saturday for the residents. 512 513 Article 28: Report of the Community Preservation Committee — Appropriation from Community 514 Preservation Committee Fund. To receive the report of the Community Preservation Cominittee and 515 to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community 516 Preservation Fund, in accordance with the provisions of Massachusetts General Ialvs Chapter 44B, a 517 sum of money to be spent under the direction of the Community Preservation Committee, 518 519 or to take any other action relative thereto: 520 521 List of Approved Projects — Community Preservation Fund 522 523 Description Amount Category 524 45 Milk Street Preservation $ 1,200,000 Open Space 525, Affordable Housing Trust $ 1.00,000 Affordable Housing 526 Bingham Way Senior/Disabled Housing $ 480,213 Affordable Housing 527 Leonard Farm Conservation Restriction $ 325,000 Open Space 528 Library Roof Repair $ 400,000 Historical Preservation 529 Parson Barnard Barn Structural Renovation $ 148,000 Historical Preservation 530 Playground Renovation -Kittredge School $ 100,000 Recreation 531 Ridgewood Cemetery Landscape $ 550,000 Historical Preservation 532 533 Administrative Costs $ 30,000 Administrative and 534 Operating expenses 535 Total for Requested Projects $ 3,333,21.3 536 Community Preservation Committee 537 538 Board of Selectmen Recommendation: To be made at Town Meeting 539 Finance Committee Recommendation: 540 Planning Board Recommendation: `Vote postponed until May 3, 2016 Planning Board meeting 14 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 .John Shno)Js, Chairman Lynne Rudiricki Peter Boynton Town of North Andover PLANNING BOARD David Kellogg Lora McSherrp Regina Kean (Associate) Tuesday April 19, 2016 @ 7pan. 566 Main Streel-School Adnrirrisb-alioir Building, North Andover, MA 01845 Vote Required: Two-thirds (2/3) Vote I*JXPLANATICON:The Community Preservation Act (CPQ) addresses community, issues such as acquisition and preservation of open space, creation and support of affordable hour. ng, acquisition and preservation of historic buildings and landscales, and creation andsupport of recreational opportunities. The CPA, adoptee! e a Special Town Meeting in January 2001, and by tliewoters at the Town Election in. March 2001, levies a 3% surcharge.on property taxes with twoexemptions: $1009000 of the value of every residential property is exempted, and a complete exemption. ;on property owned and occupied by people who qualify for low-income housing or lowor moderate - income senior housing. The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among the allowable categories, of a). open space; b) historic preservation; c) affordable housing; and d) land for recreational use, with a minimum of 10% required in each of the first three categories. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures, but cannot add to them. North Andover received matching funds equal to $485,256 or 32.95% in FY16 from the Commonwealth. MEETING MINUTES APPROVAL: MOTION: L. Rudnicki motioned to approve the April 5, 2016 minutes, as amended. D. Kellogg seconded the motion. The vote was 5-0, unanimous in favor. EXECUTIVE SESSION: (1.0:10 p.m) MOTION: L. Rudnicki made a motion that the Board go into Executive Session for consultation with. Town Counsel for confidential legal advice; and to discuss litigation strategy in the case of 1600 Osgood St. LLC and that the Chair declare that an open meeting would be detrimental to the Town's litigation strategy and not to return to open session. The motion was seconded by L. McSherry. J. Simons declared that motion and L. Rudnicki seconded the motion. Roll Call Vote: Peter Boynton voted to go into Executive Session, L. McSherry voted to go into Executive Session, David Kellogg voted to go into Executive Session, John Simons voted to go into Executive Session, Lynne Rudnicki voted to go into Executive Session. MEETING MATERIALS: Planning Board Meeting Agenda April 1, 9, 2016; DRAFT Planning Board Minutes April 5, 2016; 122 Foster Street: Locus, Zoning Drawings (Rev D); 254 Great Pond Road: WSP Decision 1-5-16, DRAFT WSP Modification 254 GPR 4-19-16, 160323 Building Commissioner Connnents, 160324 Lisa Eggleston Conunents, 160405 DPW Comments, Architect's Front Elevation, Rear Elevation, Right Side Elevation, Left Side Elevation, Locus, Plot Plan of Land -Showing Revised Driveway 11-1.0-15, WSP Application -Modification 3-18-16, 1755 Osgood Street: Parking Lot Alterations 4-1-16, Waiver Request 4-1-16, Photo of Existing Curb Cut Osgood Landing, Photo of Loading Dock Across the Street, Photo of Loading Dock 15 583 584 585 586 587 588 589 590 591 John Simons, Chairman Lynne Rnrinicki Peter Boynton To►vrt of North Andover PLANNING BOARD Davi(I Kellogg Lora McSherry Regina Kean (Associate) Tr►esdgy April 19, 2016 @ 7 p. in. 566 Main Street -School Administt'atiolt Brrildiltg, Nortlt Andover, MA 01845 Closeup, Locus; 2302 Turnpike Street: 160303 Williams Sparages Comments, 160318 L.EgglestonEmail FINAL comments, 160405 Decision DRAFT, 160412 Plan Set 2302 Turnpike, Architecturals Earth Works, Auto Gate Comments, NAFD Comments, G. Willis Comments, Locus, T. Willett FINAL Comments. ATM Warrant Articles: Article 16 Citizens Petition, Additional Packet Info Rezoning to B2, Article 16 (Rev. 4.12.16) Article 16 Citizen's Petition2 original, B2 Parcels, Forgetta Development 1210 Osgood Street Decision 12-07-2000, Neighborhood Meeting Summary, Parcels Zoned B-2 (4.12.16), Powerpoint Presentation Planning Board; CDD3: 160314 Final (2) CDD3 Warrant Article, CDD3 (3) Parcels and Uses, CDD3 Map. CDD3 ORIGINAL Map; Section 8 SPR: Final Warrant Article Site Plan Review A; 1.60419 Planning Board Report (1), 20160419 Executive Session Motion. 16 I I t Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1484 MassDEP File Number WPA Form 4B — Order of Resource Area Ll eDEP Transaction Number Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town A. General Information Important: When North Andover filling out forms From. 1. Conservation Commission on the computer, use only the tab 2 This Issuance is for (check one): L— to move your cursor - do not use the return a. key. b �a . ® Order of Resource Area Delineation ❑ Amended Order of Resource Area Delineation 3. Applicant: ISI Nancy a. First Name Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. c. Organization 254 Great Pond Road Leland b. Last Name d. Mailing Address North Andover MA 01845 e. City/Town f. State g. Zip Code 4. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address b. Last Name e. City/Town f. State g. Zip Code 5. Project Location: 254 Great Pond Road North Andover 01845 a. Street Address b. City/Town c. Zip Code Map 37A Parcel 6 d. Assessors Map/Plat Number e. Parcel/Lot Number Latitude and Longitude 42d686m911 s -71 d098m629s (in degrees, minutes, seconds): f. Latitude g. Longitude 7/1/10 6. Dates: a. Date ANRAD filed b. Date Public Hearing Closed c. Date of Issuance 7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Wetlands Location Plan 7/13/10 a. Title b. Date 7/19/10 c. Title d. Date wpaform4b.doc • rev. 12/23/09 WPA 4B, Order of Resource Area Delineation • Page 1 of 4 I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area ki Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): 242-1484 MassDEP File Number eDEP Transaction Number North Andover wpaform4b.doc - rev. 12/23/09 WPA 4B, Order of Resource a. ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): Bordering Vegetated Wetlands 2. ® Other resource area(s), specifically: a. Bank (Flags Al -A5„ connecting A5 to B1) and BVW (Flags C1 -C14) b. ® Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): 1. ® Bordering Vegetated Wetlands 2. El Other resource area(s), specifically: a. BVW (FlagsB1-B55) c. ❑ Inaccurate: The boundaries described on the referenced plan_(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. F-1BorderingVegetated Wetlands 2. ® Other resource area(s), specifically: 0 No determination was made on the locations of Bordering Land Subiect to Flood 3. ❑ The boundaries were determined to be inaccurate because: Area Delineation •Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Findings Provided by MassDEP: 242-1484 MassDEP File Number eDEP Transaction Number North Andover Cityrrown This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) and its regulations (310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. This Order must be signed by a majority of the Conservation Commission. The Order must be sent by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office (see http://www.mass.gov/dep/abouVregion/findyour.htm). D. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area Delineation. When requested to issue a Superseding Order of Resource Area Delineation, the Department's review is limited to the objections to the resource area delineation(s) stated in the appeal request. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order of Resource Area Delineation will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc • rev. 12/23/09 WPA 4B, Order of Resource Area Delineation • Page 3 of 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1484 MassDEP File Number WPA Form 4B — Order of Resource Area Ll eDEP Transaction Number Delineation North Andover Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityrrown E. Signatures Please indicate the t,, SignatK-hof Conservation of of members who will sign this form. / 1. Number of Signers i ation Commission Member 1 1 r of Co/ er aiion Commission Member re of Conservation Commission Member SignatdreeCons€fvation Commission Member This Order is valid for three years from the date of issuance. If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend the issuance date of the original Final Order, which expires on unless extended in writing by the issuing authority. This Order is issued to the applicant and the property owner (if different) as follows: 2. ❑ By hand delivery on 3. Z By certified mail, return receipt requested on Ih 9116 a. Date a. Date wpaform4b.doc • rev. 12/23/09 WPA 4B, Order of Resource Area Delineation • Page 4 of 4 I k ILI Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. L DLAK renin Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address Cityfrown Phone Number Project Location Mailing Address State Fax Number (if applicable) Lip uoue City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address Cityf'rown Phone Number 3. DEP File Number: 242-1484 B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation State Fax Number (if applicable) Zip Code Send this form and check or money order for $100.00 (single family house projects) or $200 (all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform4b.doc Request for Departmental Action Fee Transmittal Form • Page 1 of 2 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass. ocov/dep/about/region/findyour htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform4b.doc Request for Departmental Action Fee Transmittal Form • Page 2 of 2 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 254 Great Pond Road, North Andover At the October 27, 2010 public hearing, the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability for construction of a single-family home, utilities, driveway, garage, accessory structures, landscaping and associated grading outside the 100 -foot Buffer Zone to Bordering Vegetated Wetland (BVW). The closest point of work to the BVW is approximately 100 feet. Erosion control will be installed at the 100 -foot Buffer Zone to BVW at its closest point. No work is expected to occur outside of the limits shown on the plan referenced below. Applicant: Nancy Leland 254 Great Pond Road North Andover, MA 01845 Record Documents: Request for Determination of Applicability 254 Great Pond Road North Andover, Massachusetts 01845 Date: October 15, 2010 Prepared by: Wetlands Preservation, Inc. 47 Newton Road Plaistow, New Hampshire 03865 Record.Plans: Plan of Existing Conditions for 254 Great Pond Road Date: October 14, 2010 Prepared by: Christiansen & Sergi, Inc. 160 Summer Street Haverhill, MA 01830 Stamped by: Michael J. Sergi, P.L.S. & Philip G. Christiansen, P.E. SPECIAL CONDITIONS: ❖ A pre -construction inspection shall be conducted to ensure the proper placement and installation of erosion controls. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index Any jurisdictional changes in the submitted plans caused by the applicant or another Board's decision must be submitted to the NACC for approval prior to implementation. •:' All construction debris and waste shall be properly disposed of off site and stockpiled material shall be stored within the erosion controls. •:' Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. Post Construction ❖ Upon completion of construction and permanent stabilization of all disturbed soils, the Conservation Department shall be contacted to conduct a final site inspection. •;• The NACC shall be provided with a copy of the as -built plan for the property. 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/NAndoverMA1 Conservation/index f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use only the tab Conservation Commission key to move To: Applicant your cursor - do not use the Nancy Leland return key. Name , k 254 Great Pond Road Property Owner (if different from applicant): Name Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code City/Town State Zip Code ream 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan of Exisitng Condtions for 254 Great Pond Road October 14, 2010 Title Date Title Date Title Date 2. Date Request Filed: 10/15/10 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Construction of a single-family home, utilities, driveway, garage, accessory structures, landscaping and associated grading outside the 100 -foot Buffer Zone to Borderinq Vegetated Wetland (BVW) Project Location: 254 Great Pond Road Street Address Map 36A Assessors Map/Plat Number North Andover Uty/Town Parcel 2 Marcel/Lot Number wpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: +aiiic ui miunicipa0[y Pursuant to the following municipal wetland ordinance or bylaw: Name wpaform2.doc • Determination of Applicability • rev. 10/6/04 Ordinance or Bylaw Citation Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc - Determination of Applicability • rev. 10/6/04 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 —Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity (site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on [ by certified mail, return receipt requested on Date Date �— This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to / 618? / d Date wpaform2.doc • Determination of Applicability • rev. 10/6104 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see hftp://www.mass.gov/dep/about/re.qion.findvour.htm) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc • Determination of Applicability • rev. 1016104 Page 5 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1 forms on the computer, use only the tab key to move your cursor - do not use the return key. ISI Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address City/Town Phone Number Project Location Mailing Address State Fax Number (if applicable) uW %.vue City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town Phone Number 3. DEP File Number: B. Instructions State Fax Number (if applicable) f -y %,vue 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability ($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 1 of 2 A ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. I Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htti)://www.mass.00v/der)/about/reaion/findyour.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc • Request for Departmental Action Fee Transmittal Form • rev. 10/6/04 Page 2 of 2