HomeMy WebLinkAbout2020-07-07 Planning Board Minutes �•Z/-Zoe
Town of North Andover
PLANNING BOARD
Eita►r Goldberg, ChairmanJohn Billions
Peter Boynton Aaron Preston
Kate Bmgiresi Kelly Cott►der,Assoc.
Tuesday July_7,20.20 cc, 7 p.m., [Meeting held *remotely via Conference c(Ill]
,
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2 Present: E. Goldberg, P. Boynton, K. Bargnesi, J. Simons,A. Preston, K. Cormier, Assoc.
3 Absent:
4 Staff Present: J. Enright
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6 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, July 7, 2020 was called to order at 7 p.rn.
7 J. Eru'igltt: Col f rined official attendance:E. Goldberg, K Bargnesi, K. Cormier, P. Boynton, A. Preston, E.
8 Goldberg (J. Siluons arrived at 7:04).
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10 E. Goldberg: (Read the Governor's Order into the record). Votes will be recorded as roll call this evening. This
11 meeting was held remotely.
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13 Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law,
14 G.L. c. 30A, §18, and the Governor's March 15, 2020 Order imposing strict limitation on the slumber ofpeople
15 that may gather in one place, this meeting of file North Andover Planning Board will be conducted via remote
16 participation to the greatest e.tent possible. Specific information and the general guidelines for remote
17 participation by members of the public andlor parties with a right andlor requirement to attend this meeting call
18 be foittld oti die Tow►l's}vebsite, at ivww.nor'tllandovei'ma.gov. For this meeting, members of the public who
19 wish to watch fire meeting may do so oil their televisions by tinting to Colncast Channel 8 or Verizon Channel
20 26 or online at ivivw.itorthaiidovetcanr.org No in-person attendance of members of the public will be pertnitted,
21 but evert,effort will be ittade to ensure that the public can adequately access the proceedings in Peal time, via
22 technological ineaus. In the event that we are unable to do so, despite best efforts, we will post on the Town of
23 North Andover website an audio or video recording, transcript, or other comprehensive record of proceedings
24 as soon (is possible after the meeting. If the public would like to participate in public hearings please email your
25 (li(est10l1lColtutlertt pl'ror to or(IilPlllg the 111eetltrg f0 telTYl lrt(wyorthandoyertna.goi Tire queStion/cominent will
26 be read during the proceedings and responded to accordingly.
27
28 DISCUSSION:
29 1180 Marblerid a Roach Brian Magnuson: Request for a Watershed Special Permit Waiver to allow for the
30 construction of a farmer's porch.
31 J.Enrig : The applicant is seeking a waiver of a Watershed Special Permit. They are proposing to remove an
32 existing landing and stairs to construct a 7'wide x 41' long farmer's porch.No changes in topography are required
33 and the property is connected to town sewer. Porch location is over 100 ft, from a wetland boundary and more than
34 2,500 ft. from Lake Cochichewick. Conservation verified the wetland line and it is not within the Conservation
35 buffer zones. Most existing runoff for the home is infiltrated to an underground roof infiltration system to the rear
36 of the lot; runoff from this porch is infiltrated into the ground,soils are highly permeable. A draft decision has
37 been prepared for the Board's review this evening.
38 Steve Erickson,Norse Environmental: Described porch construction; soils are sandy and sonotubes will be dug
39 with a small machine; crushed stone to be placed beneath the deck.
40 P. Boynton: Although this is 2,500 ft.from Lake Cochichewick, it is close to a stream tributary into the Lake.
41 A. Preston: Requested description of erosion control; straw wattles installed at the 100' buffer zone.
42 MOTION: J. Simonds made a motion to approve the Watershed Special Permit waiver request for 180
43 Marbleridge Road, Brian Magnuson,North Andover, MA, subject to follow up and scrutiny.A. Preston seconded.
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Town of.North Andover
PLANNING BOARD
Eitarr Goldberg, Chairman • ' John Simons
Peter Boynton •, Aarorr Preston
Kate Bargnesi � � Kelly Cot-rrrier,Assoc.
Tuesdny July 7, 2020(&, 7p.m., [Meeting held *remotely via Conference call]
44 The vote was 5-0, unanimous in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg
45 voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0, unanimous in favor.
46
47 96 Dale Street Gilbert Nicholas: The applicant requests a Watershed Special Permit Waiver to allow for the
48 construction of an expansion to an existing deck.
49 J. Enrit;lrt: This property was granted a Watershed Special Permit in 2013 to construct the house. The applicant is
50 requesting a waiver to reconfigure the existing deck which is in the non-discharge buffer zone. Construction will
51 not disturb existing topography;the property is on town sewer.A wetland plan from 2013 is included in the packet
52 and there is an existing ground level patio below the proposed deck expansion. A draft decision has been prepared
53 for the Board's review.
54 Gilbert Nicholas, owner/applicant: This is a 400 sf addition across the rear of the house. Sonotubes will be used as
55 supports. There is stone for drainage.
56 MOTION: J. Simons made a motion to approve the Watershed Special Permit waiver request for 96 Dale Street,
57 North Andover, MA. A. Preston seconded. The vote was 5-0, unanimous in favor. Roll call vote: J. Simons voted
58 yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0,
59 unanimous in favor.
60
61 CONTINUED PUBLIC HEARING:
62 CE.Goldbei :Read Governor Baker's Order into the record]
63
64 210 Holt Road,MMD Shooting: Application for Site Plan Review Special Permit under Sections 195-4.14 I,
65 Section 195-8.11. A(3)and common parking areas and multiple use facilities under Article 8 Part I off Street
66 Parking and Loading of the North Andover Zoning Bylaw. The Applicant proposes to construct a 25'X75'
67 addition at the rear of half of the existing building and change the use of a portion of the_building to an indoor
68 shooting range and retail use. This project is within the Industrial 2 (I-2) Zoning District.
69 J. Enright: This hearing opened on January 7, 2020; it was heard again on April 14, 2020. The applicant has been
70 before the ZBA for a special permit to allow far what is considered recreational use for the indoor shooting range.
71 The applicant proposes a 25 ft. x 75 ft. addition to an existing building. This is a mixed-use facility with an
72 existing vehicle maintenance garage and office use; both uses remain. ZBA granted their approval on June 22,
73 2020. This is within the 1-2 Zoning District. All Board comments and department review comments have been
74 addressed with the exception of the Health Dept. who is requesting a Title 5 Inspection and capacity analysis. I
75 conditioned those in the draft decision prior to any site work or building permit issuance. 1 have also redlined the
76 draft decision to reflect items the applicant has raised after reviewing the draft decision; however, I want to ensure
77 these are discussed during this Board's public hearings, namely,types of weapons(live fire)allowed and hours of
78 operation that include 24/7 access to the building for members only.
79 E. Goldberg: Requested the applicant's representative address all outstanding issues including noise, safety,
80 particulates in the air,and number of parking spaces.
81 Atty.Kevin Foley, applicant's Atty. &J. Thomson: Admitted that the 24/7 hours of operation had not been
82 discussed before the Planning Board. We proposed 43 parking spaces;the Building Inspector calculated 77 spaces
83 were required and we provided plans showing that on May 6,2020. The septic has been inspected; distribution box
84 is being replaced.Noise levels resulted in very Iow decibel results as confirmed by our noise consultant.
85 Construction complies with OSHA requirements and will comply with state building codes; also in compliance
86 with UL752 Level 8 standards. ZBA resulted in a unanimous vote. Members only will have a license to carry and
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Torun of Nor lh Andover
PLANNING BOARD
Eita►r Goldberg, Chrrhwiarr Jo1r►r Sirrio►rs
Peter Boyrrtorr Am-on
.Kate Bafg►iesi
Kelly Cor miex,Assoc.
Tuesday July 7, 2020 a, 7p.m., Illleeti►l.-lrelrl *►-errrotely via Corr a►-e►ice cal!]
87 having 24 hour access is common in order to compete in the industry. Licenses to carry will be annually reviewed.
88 Normal business hours weekdays will be Sunday through Thursday will be 10 am to 8 pm and weekends Friday
89 and Saturday 10 am to 9 pm. Automatic weapons will not be allowed. It's a 75 ft. range; mainly pistol use. Fully
90 automatic weapons cannot be sold in MA. (Air guns; pellet gums can shoot in a live way.)The maximum size of
91 allowed rounds is a 308. 24 hour access to the facility will be via key fob to get into the vestibule and a biometric
92 fingerprint which prohibits uninvited guests. There will be no access to the retail which will only operate during
93 business hours. Anticipated use is hard to estimate. Alcohol use is prohibited; that would jeopardize their license
94 to carry and ultimately their membership.
95 J. Enright: Clarified overnight hours are not staffed; video surveillance only. This application includes a request
96 for a common area parking special permit. The 77 spaces are delineated as being on the same lot; some spaces are
97 at the recycling building. Several documents are included as part of the decision, i.e. standing operating
98 procedures, design guidelines, and construction Memos which are also referenced in the ZBA decision.
99 MOTION: A. Preston made a motion to close the public hearing for 210 Holt Road, MMD Shooting Range,
100 North Andover, MA. J. Simons seconded. The vote was 5-0, unanimous in favor.Roll call vote: J. Simons voted
101 yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0,
102 unanimous in favor.
103 MOTION: P. Boynton made a motion to approve the Site Plan Review Special Permit and common Parking area
104 special permit for 210 Holt Road, MMD Shooting Range,North Andover, MA, as amended. J. Simons seconded.
105 The vote was 5-0, unanimous in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg
106 voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0, unanimous in favor.
107
108 CONTINUED PUBLIC HEARINGS
109 1160 Great Pond Road Broolcs School: Application for a Watershed Protection District Special Permit and Site
110 Plan Review Special Permit under Chapter 195 Art 4 Pt 5, Section 195-8, and Section 195-10.7 of the Town of
111 North Andover Zoning Bylaw to authorize the phased redevelopment and reconstruction of certain existing
112 developed areas of the Property, including relocation of the South Entrance, removal and reconstruction of
113 buildings, access ways and landscape areas, improvements and installation of new drainage improvements and
114 associated landscaping. The majority of the proposed work is within the General Zone with a small portion of
115 reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge and Non-Discharge
116 Zones. The project is located in the Residential 1 (R-1)Zone.
117 MOTION: A. Preston made a motion to accept the continuance request for 1160 Great Pond Road, Brooks
118 School North Andover,MA. P. Boynton seconded. The vote was 5-0, unanimous in favor. Roll call vote: J.
119 Simons voted yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The
120 vote was 5-0, unanimous in favor.
121 [Contimied to the August 18, 2020 Planning Board meeting]
122
123 Election of Officers:
124 J. Enright: Suggested Board make a motion to elect officers for the upcoming year. E. Goldberg polled the
125 Planning Board and the Board requests current officers remain in place.
126 MOTION: J. Simons made a motion for all officers to remain in place for the upcoming year(E. Goldberg Chair,
127 A. Preston V. Chair). P. Boynton seconded. The vote was 5-0, unanimous in favor.Roll call vote: J. Simons voted
128 yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0,
129 unanimous in favor.
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Town of North Andover
PLANNING BOARD
Eitan Goldhe►g, Chair►nan • ' John Simons
fob Peter•Boynton •, Aarorr Preston
Kate Bargnesi@ Kelly Cornrie►,Assoc.
Trresdrry Jrrly 7, 2020 Ca), 7 p.rn., Weeti►z held *remotely via Conference call]
130
131
132 Northern Essex Registry of Deeds Signature Authorization:
133 J. Enright: Presented a correspondence with updated Board member names/terms and removing the former Staff
134 Planner as an authorized signatory.
135 MOTION: P. Boynton made a motion to allow the Director of Planning to update the authorization form allowing
136 J. Enright to sign on behalf of the Board and to record that at the Northern Essex Registry of Deeds. K. Bargnesi
137 seconded. The vote was 5-0, unanimous in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E.
138 Goldberg voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0, unanimous in favor.
139 J. Enright: I will proceed to have everyone sign this document electronically.
140
141 MEETING MINUTES: Approval of the June 8, 2020 meeting rnin►tes.
142 MOTION: J. Simons made a motion to approve the June 8,2020 meeting minutes. P. Boynton seconded. The
143 vote was 5-0, unanimous in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg voted
144 yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0, unanimous in favor.
145
146 P. Boynton: Voiced concern for the apparent lack of response from the town to provide the Watershed Special
147 Permit Granting Authority with a basic level analysis of pre-treated water conditions tested in the lake; it is the
148 only objective measure we have available for an assessment of the condition of the watershed. This would incur no
149 additional cost to the town. Testing of the lake water and tributaries; a routine testing operation has been done
150 since 1986. The level of analysis we are seeking is very basic; plotting the levels of phosphorous and nitrogen,
151 chloride or oxygen on a graph over time so we can determine whether our drinking water supply is improving or
152 degrading. It's been 35 years since the watershed plan was established. Since then, development in the watershed
153 has expanded significantly. If there are degrading conditions in the lake and the Special Permitting Granting
154 Authority is not being made aware of that;we should be able to demonstrate that the request has been made.
155 E. Goldberg: The Planning Board can resend the original letter(noting the date of our original request)to the new
156 Town Manager requesting a response. Perhaps the Town Manager, DPW and Board Chair can schedule a meeting
157 requesting production of the documents and meet to discuss those documents prior to reporting an outcome at a
158 future meeting.
159
160 ADJOURNMENT
161 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by A. Preston. The vote
162 was 5-0, unanimous in favor. Meeting adjourned @ 8:21 p.m. Roll call vote: J. Simons voted yes. A. Preston
163 voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0, unanimous in
164 favor.
165
166 MEETING MATERIALS: Planning Board Meeting Agenda July 7,2020,DRAFT Planning Board Meeting
167 Minutes June 8, 2020; Staff Report: 200707 Staff Report; 180 Marbleridge Road: 200707 180 Marbleridge
168 Road Waiver of Watershed SP draft, Request for Waiver, Site Plan; 96 Dale Street:130603 Wetlands Plan,
169 200707 96 Dale Street Waiver of Watershed SP draft,20200612 Deck Plans,20200625 Waiver Request Lttr.,
170 Nicholas---Current Deck,Nicholas-Proposed new addition of deck;Northern Essex Registry of Deeds
171 Signature Authorization: 200707 Registry Signature Planner Final; 1160 Gt•eat Pond Road-Brooks School
172 South Entrance: 20200630 1160 Great Pond Road Continuance; 210 Holt Road-MMD Shooting: Site Plans:
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chairrmrn •' John Simons
Peter Boynton
Preston
Kate Bargrresi - Kelly Cormier;Assoc.
Trresrlay July 7, 2020 0, 7 p.m„ fMeetine held *remotely via Conference call]
173 PB Plan Set 5.6.20, ZBA Plan 5.6.20,200707 210 Holt Decision DRAFT JE, 20191216 Range Construction
174 Narrative, Clean Aire Technologies, Construction Narrative Port One, MMD Standard Operating Procedure and
175 Rules DRAFT,Range_Design Guide 2016-FINAL, ZBA Decision-Tinge Stamped-210 Holt Road 06.22.2020.
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