HomeMy WebLinkAbout2020-10-20 Planning Board Minutes Town of North Andover
PLANNING BOARD
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Tltes(lt(lp October 20, 2020 a, 7 P.m., 120 Mtritt Street Town Hall, Nortlr Artdovei, MA 01545
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2 Present: E. Goldberg, J. Simons, P. Boynton, K. Bargnesi, A. Preston, Kelly Cormier, Assoc.
3 Absent:
4 Staff Present: J. Enright
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6 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, October 20, 2020 was called to order at 7 p.m,
7 [No attendance taken]
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9 E. Goldberg: (Read the Governor's Orcler into the record). Votes will be recorded as roll call this everting. This
10 ineeting ryas helcl remotely via conference call.
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12 Pursuant to Governor Baker's March 12,2020 Order Suspending Certain Provisions of the Opetl Meeting L(np, G.L. c.
13 30A,§18, and the Gopernor's March 15,2020 Order imposing strict limitation oil the number of people that inay gather in
14 one place,this meeting of the North Antloper Planning Board spill be conducted pia remote participation to the greatest
15 extent possible.Specific hifibirliation and the gene►'al giddellnes for rentote participation by members of the public andlor
16 parties Will a right andlor requhentent to attend this ineeting can be found oil the Towi's ivebsite, tit
17 iviviit itoi'tliatl(loveritia.gop. .For this ineeting,ineinbers of the public svho ivish to Watch the meeting lllay do so Oil their
18 televisions by tuning to Conicast Channel 8 or Verizon Channel26 of onAne tit{Ufvsp.rtol'tlttA!(lOVei'caltl.org. No ill-person
19 attendance of members of the public spill be perlllltted,bill epery effort spill be iltatle to ensure that the public call
20 adequately access the proceedings in real trine, via technological ineans. In the epent that ive tire unable to do so, despite
21 best efforts, ive 1ptll post oil the Tows of North Andover ipebsite all audio or video recording,transcript, of other
22 comprehensive record of proceedings as soon as possible after the ineeling. If the ptiblie would like to participate ill public
23 hearings please eiiiail your question comment prior to or during lite ineeting to tenirigliatiorilia)l(lol,el'ilia.QO). The
24 griestion1coinnient spill be read during the proceedings and responders to accordingly.
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26 BOND RELEASE:
27 158 Dale Street,Kevin McLellan: Request for release of a$4,000 performance bond associated with a
28 Watershed Special Permit approved September 3,2013.
29 J. Enright: This Watershed Special Permit was granted to allow for the construction of a blue stone patio,
30 extension of a gas line from the existing dwelling to the fire pit, extension of a gravel driveway and installation of
31 two dry wells for roof runoff. The gravel driveway has not been extended. The decision conditioned an as-built
32 plan be submitted certified by a MA engineer. Site photos demonstrate the work that has been completed;
33 applicant has provided evidence of underground drainage systems with a map locating the structures, invoices for
34 labor,and a copy of the required deed restriction is in your packet.A retaining wall was constructed to support the
35 patio. This was not included on the original plan. Applicant respectfully requests waiver of the as-built plan;
36 construction appears to be in order with the exception of the extended gravel drive.MO
37 MOTION: A. Preston motioned to approve the $4K bond release and any remaining interest for 158 Dale Street,
38 Kevin McLellan,North Andover,MA. J. Simons seconded.Roll Call vote: J. Simons voted yes.A. Preston voted
39 yes. P. Boynton vote yes. K. Bargnesi voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor.
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41 NEW PUBLIC HEARINGS
42 E. Goldberg (Read the Governor's Order into the record).
43 127 Turnpike Street,Eaglewood Shops: (K Bargnesi recused) Application for a Site Plan Review Special
44 Permit Modification under Article 8, Part 3, including Parking Special Permit under Article 8 Part 1, and Article
45 10 § 195-10.7 of the North Andover Zoning Bylaw, The Applicant proposes to provide for the modification of
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Town of North Andover
PLANNING BOARD
htesdaV October-20 2020 7 .m. 120 Mairr Street Town Hall Nor-th Andover MA 0.1845
46 parking and related improvements.No changes to the existing buildings or lot are proposed. The property is
47 located in the General Business zoning district.
48 J. Enright: Application proposes no changes to the existing building or to the property. Applicant seeks to reduce
49 current parking requirement based on a combination of peak parking and factors of the plaza that are changing.
50 Applicant seeks modification to original Site Plan Review Special Permit which previously conditioned restaurant
51 square footage to be approx. 9K sf; two Insubstantial Changes have since been approved for restaurant square
52 footage adjustments increasing it to 18,302 sf. Applicant requests an allowance for 20,910 s£ of total restaurant
53 use. Applicant requests amendment to Condition"No. 6T',of the 2004 Site Plan Review Decision to facilitate and
54 streamline review of future changes in tenants.
55 J.J. Enright: Received abutter comment this a.m. referencing Letter to the Editor from Eagle Tribune dated 11/20I6
56 regarding sidewalk construction frorn YMCA to the intersection of Route 133/Route 114. Will follow up after
57 inquiry with MassDOT regarding the ongoing Rt. 114 Improvement Project.
58 J. Smolak: We are before you for relief, Board approved a Site Plan waiver in July to allow Five Guys to locate in
59 an existing Eaglewood space. At that time,we noted we would follow up with parking matters. Presented slides
60 noting significant property boundaries, building square footages, etc. Proposed changes to 2004 decision noting
61 anticipated parking utilization changes.
62 Greg Dross, V.P.Asset Management,Linear Retail Properties: Plaza has continued to survive despite the
63 pandemic noting tenants and vacancies. Anticipates fixture departure of Joseph A. Banks, Chico's and Yankee
64 Candle; mall based tenants are consolidating to the malls. Pier One(11K sf)will likely become more than one
65 tenant; J.A Batiks space may be treated similarly.Noted support for a shared parking concept. Parking is always a
66 concern for our customers; it's important to our tenants, as well.
67 Jeffrey Dirk, Vatresse&Associates: Conducted parking demand study pre-Covid-19; plaza was frilly occupied.
68 Parking becomes underutilized if you design to zoning maximums. Assessed parking over a 12 hour period on a
69 weekday and weekend. Findings showed maximum occupancy occurred on a weekday evening when restaurants
70 were in highest demand; only 62% available parking supply was being utilized. Seasonality/peak shopping times,
71 i.e. holidays, presented 70-75% utilization proving designing to zoning maximums results in an oversupply of
72 parking. Fluctuation in parking demands and tenant use coupled with a 25%reserve of parking supply indicates
73 there is sufficient supply to accommodate for the changes in tenants. High turnover rates of the fast food type of
74 businesses being considered is in line with our parking study.
75 J. Smolak: Building Inspector calculated the need for 561 parking spaces based upon the uses presented(existing
76 and projected). Currently 430 spaces are provided; represents parking reduction of 131 spaces. Intent is to
77 maintain a viable plaza developed 15 years ago. Plaza operates well with the existing mix of uses.Not making any
78 "changes"but in order to have a plaza that is viable and reflects the market we need flexibility. Regarding 2004
79 Decision, we are requesting to streamline the review process where the owner won't be required to come before
80 the Board for each change in terms of restaurant use. As a result, if our parking maximum is reached,the Building
81 Inspector may have to place a hold on fixture build-out. Referenced zoning bylaw parking table noting parking
82 counts have changed over the years in terms of demand; this table may need to be revisited-(I 5 per 1,000)for food
83 use is a significant amount.
84 Board: Discussed revisiting the site in the fixture to review parking, potential of connectivity to parking in
85 underutilized Staples lot(currently used for some employee parking),traffic pattern review based on prospective
86 uses. Planning Director and Building Inspector should maintain review. Modes of transportation to plaza
87 discussed. Owner expects shift to occur to embrace pedestrian, bicycling connections based on MassDOT project.
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Town of North Andover
PLANNING BOARD
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Tuesfl(ty October 20 2020 7 .rn. 120 Main Street Town Hal!, North Andover MA 01845
88 J. Dirk: Confirmed 85% of capacity is the engineering standard(allowing for certain inefficiencies, i.e. snow
89 storage, erratic parking, parking and spacing during Covid-19, etc.)to consider the parking frill.
90 E. Goldberg: Read abutter comment into the record: Karen Lambert email,dated Monday October 19, 2020
91 6:20 p.m. referencing Nov. 17, 2016, Eagle Tribune-Letter to the Editor regarding the need for sidewalks along
92 Route 133 to intersection at Route 114 and the positive change that could bring to the plaza.
93 J.Enright: Read comments received this evening: Alex Wtrdyka: Does this mean they are going to have a drive-
94 thru in place of parking?No drive thru is being considered. Second email, same abutter: Can you elaborate on the
95 sidewalk from the YMCA to the intersection?Will it be on Coachman's side of the YMCA?There is no certainty
96 to any sidewalk being installed from the YMCA towards Rt. 114. J. Enright to reach out to MassDOT
97 representatives of the Route 114 Improvement Project to see if they contemplate a sidewalk and will report back at
98 the next meeting; any related construction would be independent of this application.
99 J.J. Er_�rig_ht: A draft decision will be prepared for the next meeting. Later this evening Trinity Financial may request
100 the Board to add a meeting in early November. `Board Continued to a dote certain -November 24, 2020 Planning
101 Board nneetinng]
102
103 1600 Osgood Street, 1600 Osgood Street,LLC.: Request to extend the application for Definitive Subdivision
104 approval of a 1-lot Plan on a parcel of land consisting of approximately 31.06 acres located on the west side of
105 Osgood Street at what is known as 1600 Osgood Street until June 15, 2021. The Premises Affected is located
106 within the I-2 'Zoning District,
107 K. Bargnesi recused herself.
108 J. Enright: A subdivision was filed with the broader project;the applicant requested and the Board approved
109 extending that hearing to the December 1, 2020. Since we only have one meeting scheduled prior to the expiration
110 of the extension I requested that, if the applicant wishes to request another extension, it be requested this evening.
III Now the applicant is requesting to continue the hearing to June 15, 2021. Subject to the approval of the 2021
112 Planning Board schedule which is being reviewed this evening.
113 MOTION: J. Simons motioned to approve the request to extend the application for Definitive Subdivision for
114 1600 Osgood Street, 1600 Osgood Street, LLC North Andover,MA, to June 15, 2021. A. Preston seconded.Roll
115 Call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg voted yes. (P. Boynton abstained due to audio
116 complications) The vote was 3-0, unanimous in favor.
117
118 DISCUSSION ITEMS
119 1270 Turnpike Street,Deborah Colbert,P.E.; Applicant requests an Insubstantial Change to an October 31,
120 2001 Site Plan Review Special Permit to allow for additional parking, stormwater mitigation,and changes to
121 landscaping. The property is located it) the Village Commercial Zoning District.
122 J. Enright: Applicant requests Insubstantial Change to allow for additional parking spaces and revisions to
123 landscape design. Original 2001 permit approved 18 parking spaces; applicant requests an additional 13 spaces; 12
124 of which are to be located in the pump station easement area on site. Approved landscape areas and snow storage
125 location are impacted by this proposal. Recently received DPW comments; not supportive of some of the parking
126 spaces and they need to confirm information before they support other spaces. Specifically,the 3 behind the pump
127 station which will interfere with pumping and propane access will need to be removed. Concrete step on the
128 easterly side of the woodshed proposed to be sawcut to increase the travel width needs to meet proper width
129 requirements for access to the shed. The travel lane width on the westerly side of the building currently 15 feet
130 needs to be maintained for pump and propane tank access. If this can be maintained they don't have an issue with
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Town of North Andover
PLANNING BOARD
Trresrlay October,20, 2020 a, 7 P.m., 120 Main Street Town Hall, North Amlover,MA 01845
131 the two parallel parking spaces. They have no concern with the 7 spaces along Route 114. The original site plan
132 calls for snow storage in the grassed area running parallel to Route 114. I don't see a revised snow storage area on
133 the proposed plan. Decision calls for significant landscape screening along Route 114 that was to be maintained in
134 perpetuity; this landscaping has not survived nor been replaced. The town owned pump station that exists on this
135 property is subject to access &maintenance requirements. Project would need to be filed with the Conservation
136 Commission.
137 E. Goldberg: Questioned Planning Board's rights related to the easement which would be determined by the BOS
138 or Town Meeting. The ability to take or alter easements is their jurisdiction; perhaps Town Counsel can weigh on
139 this.
140 Board: Questioned why additional parking spaces are necessary. The use usually determines the parking
141 requirements.
142 Deborah Colbert P E Hancock Associates: Out-client has tried to lease this commercial building unsuccessfully
143 for over a year and a half; parking is insubstantial. Spaces don't meet current regulations; when we restripe we
144 lose spaces. Our client approached DPW for approval for additional parking and this is the first we have heard
145 comments. Owner is happy to provide snow storage and landscaping. Identified landscape buffer to Route 114 and
146 proposed snow storage locations.
147 Board: Deemed project involves more than Insubstantial Change,
148 MOTION: J. Simons made a motion deeming the request is not an Insubstantial Change and a frill Modification to
149 Parking to Site Plan Review is required for 1270 Turnpike Street,North Andover, MA. K. Bargnesi seconded.
150 Roll Call vote: J. Simons voted yes. A. Preston voted yes. P. Boynton vote yes. K. Bargnesi voted yes. E.
151 Goldberg voted yes. The vote was 5-0, unanimous in favor.
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153 4 High Street RCG West Mill NA LLC: (K. Bci gnesi recused) Applicant requests an Insubstantial Change to
154 the approved Definitive Subdivision Plan in order to reference the Survey Subdivision Plan of Land, prepared by
155 Coneco Engineers and Scientist, dated October 14,2020.
156 K. Bargnesi recused herself.
157 J. Enright: Concerns were raised at the Registry when attempting to record the plans for this project. The applicant
158 attached the Definitive Subdivision plans to the Notice of Decision; however, we need to have a recorded
159 subdivision lotting plan.
160 Tania Hartford, RCG: Board approved Subdivision Lot Layout Plan Sheet C-108 created by Tighe&Bond our
161 civil engineer; we couldn't record that plan because it didn't have a surveyor's certification or metes and bounds
162 noted. We hired Coneco Engineers to take Tighe &Bond's CAD drawings and draw up an official survey plan to
163 be used as the official Subdivision Plan. In reviewing the two plans, we discovered minor footage and lot line
164 discrepancies. We would like to record this survey plan and reference the C-108 plan which is attached to the
165 decision. Brian Vaughan has drafted an affidavit, signed by the surveyor as based on Plan C-108, if this Board
166 approves this survey as"the final Subdivision plan"that divides the lot.
167 MOTION: J. Simons motioned to approve the request for Insubstantial Change for 4 High Street,RCG West
168 Mill,NA, LLC,North Andover, MA, authorizing the Planner to endorse the Subdivision Plan and approveal of the
169 affidavit referencing the original permits and approvals. A. Preston seconded. Roll Call vote: J. Simons voted yes.
170 A. Preston voted yes. P. Boynton voted yes. E. Goldberg voted yes. The vote was 4-0, unanimous in favor.
171
172 Approval of Planning Board 2021 Meeting Calendar:
173 Board accepted proposed 2021 Planning Board schedule as presented.
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Town of Nodh Andover
PLANNING BOARD
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Trres(lai) October 20, 2020 rr, 7 p. n, 120 Maur Street Town Hall Nord t Andover,MA 0.1845
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175 Trinity Financial,Jim Keefe: Proposed Master Redevelopment Plan of Royal Crest Estates.
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177 Jim Keefe: Outlined multifamily component to the development as being 608 multifamily units(replacing the 588
178 Royal Crest units), a 385 unit 40B component, senior housing and town houses plus retail, hotel and student
179 dormitories.
180 Michael Lozano: Presented information related to images of various local projects similar in size(approx. 76
181 acres), scale, use and acreage to Royal Crest Estates and anchored in communities; Lynnfield-Market Street,
182 Dedham-Legacy Place, Westwood-University Station, Hingham Shipyard and Somerville-Assembly Row.
183 Denver, CO-Medical Campus. Reviewed Trinity Financial projects in conjunction with Aimco. Buffer from
184 proposed buildings to property line is projected to be 100-115 ft.Total number of proposed units is 1,391 over all
185 types of housing.
186 J. Enright: Reviewed proposed project schedule as relates to ATM Zoning calendar. Provided brief working group
187 surnmary. Committee reviewed site R-5 Zoning and other North Andover Overlay Districts, OSGOD overlay
188 bylaw, Historic Mill Area, PDD District and considered aspects of the Master-Plan and Housing Production plan;
189 relevant objectives and strategies. Reviewed OSGOD Smart Overlay District, Multi-Use Overlay Districts as
190 adopted by other towns; Sudbury and Salisbury and other plan-based overlay districts. Concluded hybrid approach
191 works best, similar to OSGOD;which has the mechanics of a 40R(this is a 40B), sub-districts, etc. Committee
192 reviewed two calendars and discussed importance of peer review regarding fiscal and traffic impact study.
193 Comparable project information and market analysis will be important to consider.
194 M. Lozano: Merrimack College will likely build apartment-style dormitories comprised of 1,000 beds; adding 250
195 units. Building is not designed yet. Total units including the dorms is 1,391 to 1,650. Dormitories likely will be a
196 public/private partnership to utilize tax exempt financing; "structured parking" is parking garages. Traffic, schools,
197 fiscal impact, height and view corridors are all important going forward. Team would be happy to accommodate a
198 special meeting in early November if one is scheduled. Agreed to prepare a FAQ sheet.
199 `Corrtirrrred to the November 24, 2020 Planning Board rneeting]
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201 MINUTES APPROVAL: Approval of October 6, 2020 Planning Board minutes.
202 MOTION: J. Simons motioned to approve the October 6 Planning Board minutes. P. Boynton seconded.Roll
203 Call vote: J. Simons voted yes.A. Preston voted yes. P. Boynton vote yes. K. Bargnesi voted yes. E. Goldberg
204 voted yes. The vote was 5-0, unanimous in favor.
205
206 ADJOURNMENT
207 MOTION: A. Preston made a motion to adjourn the meeting. Motion was seconded by K. Bargnesi. The vote
208 was 5-0, unanimous in favor. Meeting adjourned @ 9:30 p.rn. Roll Call vote: A. Preston voted yes. P. Boynton
209 voted yes. K. Bargnesi voted yes. K. Cormier voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in
210 favor.
211
212 MEETING MATERIALS: Planning Board Meeting Agenda October 20,2020,DRAFT Planning Board Meeting
213 Minutes October 6,2020; Staff Report: 201020 Staff Report; 158 Dale Street, Kevin McLellan: Photos: IMG
214 2399, IMG 2400, IMG 2405, IMG 2408, IMG 2409; Evidence of Roof Drain System: 1MG I239,IMG 1240, IMG
215 1241, 1MG 1242,1MG 1243, IMG 1244, IMG 1245, IMG 1246, IMG 1247, 1MG 1.248, 1MG 1249,Deed
216 Restriction, Aerial View, 13093 WSP Decision; 127 Turnpike Street, Eaglewood Shops, Linear Retail,North
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Town of North Andover
PLANNING BOARD
Tues(MV October 20, 2020(a) 7 p.m., 120 Maim Sheet Town Hall, Not7h Andover, MA 01845
217 Andover#1 LLC: Abutter Comment: 201019 Abutter Continent—Lan}beet, Department Review: Building:
218 Parking-Tenant, Existing Conditions Survey-Eaglewood Shops,200921 Application SPR SP Modification, and
219 Parking Special Permit,200920 Parking Allocation Table, 202010 14-Presentation Planning Board,
220 2020-10_14-PP Presentation Planning Board, 2019 0410 RT 114 layout plan 2 reduced; 1270 Turnpike Street,
221 Deborah Colbert, P.E.: Department Comment: 201020 DPW Continents, Planning Board RECORDED Decision-
222 2001,Aerial View,20010731 Original Site Plan,20010731 Original Landscape Plan, 2000921 Topo Plan of Land
223 (as-built),201015 Insub. Change Letter to the Board,201014 1270 Salem Turnpike Progress Site Plan,200915
224 Parking Layout Plan; 4 High Street,RCG West Mill NA LLC: Subdivision Decisions: Subdivision Decision
225 Recorded,Insubstantial Change Recorded, West Mill Subdivision, Sheets C-108, C-109, SUBD PLAN OF LAND
226 (2), PB Letter, 10-16-20, Survey Plan; 2021 Meeting Calendar 2021: 2021 PB Meeting Schedule-DRAFT; 1600
227 Osgood Street, 1600 Osgood Street, LLC: Definitive Subdivision Hearing Extension Request 10.15.20; Trinity
228 Financial, Jim Keefe. Program Summary: REV Program Summary 10.20.20, RCE 20_1018_RCE-MP rev6
229 10.19.20, Program Summary 10.19.20,Program Summary 10.8.20; Current R-5 Zoning: Zoning Bylaw R-5,NA
230 Zoning Tbl 2 Summary of Dimensional Reqs,NA Zoning Tble 1 Summary of Use Regs,Abutter Comment:
231 201006 Abutter Comment—Hodor,201006 Abutter Comment—McGarry, REV RC Scale Comparison 10.20.20,
232 RC Scale Comparison 10.18.20, Proposed Project Review Calendar, ATM Zoning Amendment Calendar,201005
233 Per vs Impervious Area.
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