HomeMy WebLinkAbout2021-01-05 Planning Board Minutes T"airJn of North Andover
PLANNING BOARD
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Titesday, Atnttai•r S 2021 t 7 .in, 120 t'(dy Street Town .drill Noi•tJa Aittlover,1lTA 111845
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2 Present: E. Goldberg,J. Simons,P. Boynton, A.Preston, K. Bargnesi K. Cormier, Assoc.
3 Absent:
4 Staff Present: J. Enright
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6 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, January 5,2021 was called to order at 7 p.m.
8 E. Goldbergr: (Read the Governors Oder into the record). Votes will be recorded as roll call this evening. This
9 meeting was held remotely Wa conference call.
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11 Pursuant to Governor Baker's March 12,2020 Order Suspending Certain Provisions of the Open Meeting Ltnv, G.L. C.
12 3",§t 8, and the Governor's March 15,2020 Order imposing street thultation on the number of people that may gather in
13 one place,this ineeling of the North Andover Planning Board will be conducted via remote participation to file greatest j
14 extent possible.SpecifIc hlformaation and the general guideh"nes for remote participation by rnerrabers of the public andlor
15 parties rveth a right andlor requirement to attend this meeting carer be found on the To)vn's rvebsite,at
16 rv►v►v.nortl►arrrloverrrra,gov. For this meeting,members of the public rvho wiser to watch the uaeeting rrrnv alo so oil their �
17 televisions by tuning to Comcast Channel 8 or Verizon Channel26 or online at rvty►v.rrorilrarado�vererarri.org.No in person
18 aattendaance of members of the public will be permitted,but every effort►vide be parade to ensnare tlatit the public can
19 adequately access the proceedings irr real time, via technological means.Ira the event that tie tare unable to do so,despite
20 best efforts, the willpost oil the Tomi of North Andover►vehsite an audlo or video recording,transcript, or other
21 comprehensive record of proceedings aas soon aas possible after the meeting.If file public►would like to participate err public
22 hearings please email your question✓comuaent prior to or during the meeting to rerrrlelrb asarrtharaalaverrraa. otp. The
23 a uestionleounnent ivill be read during theproceedings and responded to accordingly.
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25 STAFF REPORT
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27 BOND RELEASE
28 500 Great Pond Road: This$4K bond was posted as a condition of a January 7, 2020 'Watershed Special Permit
29 allowing for the construction of an 814 SF addition to the existing clubhouse and a 164 SF addition to an existing
30 patio.
31 J. Enright: Engineering letter certifying the site was constructed in conformance with the plan and an as-built plan
32 have been provided. This project was reviewed by the Conservation Commission. Their next agenda will include
33 a request for a Certificate of Compliance. The underground tank discovered during construction activity was
34 remediated and documentation is included in the monitoring reports. Jeff Isbel is here frorn NACC to answer any
35 questions.
36 MOTION: J. Si►sons made a motion to approve the$4K bond release for 500 Great Pond Road,NACC.A.
37 Preston seconded. The vote was 5-0,unanimous in favor. Roll Call vote: J. Simons voted yes. A.Preston voted
38 yes. E. Goldberg voted yes.P. Boynton vote yes. K. Bargnesi voted yes.
39
40 DISCUSSION ITEMS
41 187 Turn ilce Street Linda Nalbandian: Discussion regarding potential zoning amendment for the parcel.
42 J.Enright: I'lie parcel is located within the B4 zoning district. Property owner would like to discuss the possibility
43 of a zoning amendment. The home has been for sale for over a year and there has been little interest in continuing
44 the use as a dwelling unit given the location. There has been some interest expressed for a personal service
45 business use. Currently, personal service is only allowed as an accessory use in B4. Described the location of the
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Town of North Andover
PLANNING BOARD
hies(lay, Jaiivarr 5 MA 01845 7 pxt., 120 Main Street T611711 Hall t 1 i'lovel.,
, 2021 R Nor / A11
46 parcel in relation to major intersections, commercial property and other dwelling units. Reviewed location and
47 dimensional information for all B4 parcels. Property owner provided a preliminary sketch plan showing existing
48 building to remain as is,parking for five spaces to the rear of the lot and a u-turnaround in the front of the existing
49 building.Typically,rezoning options include allowing more uses within the zone or to review the B4 District as a
50 whole and talk about whether B4 is appropriate for this area in general. This is all very preliminary at this point.
51 Proponents are here to answer any questions.
52 Wendy McGuire, Owner's Real Estate R Existing building is approx. 26 x 19,ft. and has an addition that is 10
53 x 16 with additional 8 x 11, 3-season porch and garage toward rear which would be demolished to allow for a
54 turnaround to the rear of the house. Wetlands are an issue; rehab of existing structure seems feasible for this
55 property. Lot has I 10' of frontage,
56 Board: Discussed appropriate"uses" for this area which has become predominantly commercial. Idea of adapting
57 the"use"v. "rezoning" seems fair;perhaps"personal services" is how you address this broadly. Dimensional
58 issues could be worked out with the ZBA. If Special Permit were added, it would apply to all similar existing
59 residences in the area. Adding Personal Services Use to B4 by right is not noxious. Site Plan Review likely would
60 be triggered based on parking, traffic, etc.
61 J._Enri lit reviewed Master Plan goals related to Route 114: no specific goals address what is to being sought here.
62 Board to review Personal Use exclusions and Dimensional Requirements to be incorporated. Site Plan Review v,
63 "by right"is up for discussion. Jean to craft preliminary draft with placeliolders; Board postponed discussion until
64 later date, item to be identified as"134 Rezoning Discussion"on agenda,
65 [Discussion Continued to January 19, 2019 Planning Board ineeting]
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67 Royal Crest Estates (I &28 Royal Crest Drive),TrinityProposed Master
Financial,Jim Keefe,
68 Redevelopment Plan for the property.
69 0 Updates on the Community Outreach Plan
70 0 Update on status of traffic Study review and fiscal impact study
71 J. Enright: Applicant who is not in attendance this evening, submitted a letter updating the status to their Outreach
72 Plan and status or their response to the traffic impact peer review cornments.Agreed to have their response to our
73 peer reviewer well in advance of the January 19 meeting. Will request the peer reviewer to be available oil January
74 19,2021. Draft of the Fiscal Impact Study is expected this week and may be available for the Board on February
75 2, 2f121. Iterns not reviewed in depth at the last meeting are included in this Board packet. Change in the trip
76 count will be included in the next Program Summary. There are MassDOTcomments and comments from John
77 McGarry, adjacent property owner,regarding impacts of the Rt. 114 Improvement Project.Two abutter comments
78 from a resident on Berkley Rd are included in the packet and will be read into the record at the next meeting. Chair
79 requested Community Outreach&Transparency as bullet point on next agenda. Project remains a discussion item
80 until it becornes a potential warrant article requiring a public hearing. Currently an application is not before the
81 Board. Working group meets Thursday(1/7/21);focusing on draft zoning. Placeliolders have been put in place for
82 parking and dimensional requirements. These will likely be informed by the results of the fiscal impact and traffic
83 peer reviews.
84 E. Goldber : If we move ahead with this proposal as a warrant article,how will we evaluate these objective
85 numbers?How do we address what is appropriate and not appropriate?The 40B numbers benefit us to help,get us
86 where our numbers need to be. How much are we willing to tolerate and how do we decide that, i.e.traffic,etc,?
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Town of North Andover
PLANNING BOARD
hiesday, Ainuai-v 5 12021(a), 7P.tn.,,I20Maih Sti-eet Town Hall, North Andovet-, 111M 01845
87 J. Simons: How much density from this development are we willing to absorb; massing of buildings proximity to
88 existing homes, external impacts, traffic, impact on town services, Financial impacts, impact on schools; it is
89 qualitative to some level.
90 K. Cormier: Multiple projects will be going oil at the same time in this area; improvements to Rtc. 11 4, phased
91 development of this project over tell years; understanding the order of all of this and the impacts will be important
92 in the big picture.
93 [Discussion Continued to the January 19, 2021 Planning Boar dmeeting]
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95 CONTE\'-UED PUBLIC HEARINGS
96 3 Great Pond Road,Elaine Finbury: (Continued to the JanuwY 19, 2021 Planning Boarel meeting)
97 Application for a Site Plan Review Special Permit under Article 8, Part 3 and Article 10 § 195-10.7 of the North
98 Andover Zoning Bylaw. The Applicant proposes the creative reuse and conversion of the Grange Hall in the Old
99 Center to three residential units, construction of retaining walls, stormwater management, and creation of
100 associated parking spaces. No exterior alterations are proposed. The parcel is located within the Residential 3
101 zoning district.
102 [Continued to the January 19, 2021 Planning Boarcl ineefingl
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104 419 & 435 Andover Street,Ci,osspohit Associates,Ine.: Application for a Site Plan Review Special Permit
105 under Article 8, Part 3, including Parking Special Permit under Article 8 Part 1,and Article 10 § 195-103 of the
106 North Andover Zoning Bylaw. The Applicant proposes to redevelop the properties located at 419 and 435
107 Andover Street by demolishing the existing Ethan Allen and the Bliss Spa and Salon building and constructing
108 two smaller buildings with a total square footage of 10,852 SF to house new commercial tenants. Four businesses
109 are proposed on the property: the existing Bertucci's Restaurant, a coffee shop, a medical office, and a bank. Both
110 the coffee shop and batik are proposed to have drive-through operations. The proposed design includes new site
III lights throughout the property as well as an outdoor patio adjacent to the coffee shop, the installation of an
112 improved stormwater mitigation system,and improved landscaping on site,The parcels are located in the General
113 Business Zone.
114 J. Enright,: Final traffic,civil and stormwater peer review comments have been received. Department review
115 comments have been addressed. Storinwater peer review suggest a few typical conditions.Traffic and civil review
116 comments defer some responses back to the Board, each of which are somewhat related to design standards, may
117 require relief from the Board. Also,at the last meeting,J. Simons requested examples of similar architecture
118 presented commenting it was not typical New England architecture;comparison images and addresses are
119 included in the packet. Anticipates a decision will be rendered at the next meeting;a draft decision with
120 placeholders is included in the packet. Reviewed comments and conditions Applicant wants to discuss.
121 Mark Johnson, A ft.: Introduced team. Draft Decision Condition#36 references a traffic monitoring program two
122 years after decision is rendered.
123 Shaun Kelly,Vanasse Associates: Addressed concern with two year traffic monitoring program requirement after
124 occupancy permit is issued. Typically,this is a condition required by the state when a project meets certain
125 thresholds that require MEPA review. This project does not meet their transportation thresholds and is not part of
126 our highway access permit filing.
127 Board: Concerned about traffic accessing the parcel, backups,traffic queueing,etc. Some soil of review of the
128 traffic needs to be put in place. Would like to have ability to make adjustments within site. The Starbucks
129 queueing lane is a concern, uses are appropriate. Area draws a lot of traffic and will draw more.
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Town ofNortlt Andover
PLANNING BOARD
Tites(lay, Jwiiiat-y5, 2021 A 7P.tm, .120.Haig Street Towit Hall North A n(lovei-, MA 01845
130 J. Enright: It is not an unusual check and balance for assurance;we can revise the condition to focus oil drive
131 through and queueing.
132 J._.Enright: Condition#45 references the Independent Monitor for construction. This has been our standard;
133 however,the applicant is requesting that their project engineer performs the monitoring. This engineer works
134 closely throughout the approval process, certifies the project is constructed in substantial compliance with the
135 approved plans, and it is his stamp oil the final as-built, "Technically,they are working on behalf of the Applicant,
136 but they are working on behalf of their own stamp as well. This development is reasonable in scale,the site is
137 straightforward,visits will be frequent,for these reasons I am not opposed to thern using their project engineer as
138 the monitor and reporting every other week v. weekly.
139 Board: General consensus was for-the applicant to review the Independent Monitor Form and suggest language
140 that would be appropriate.
141 M...Johnson, Atty.: Is a bond necessary where the engineer is making certifications?Condition#60 should cover it.
142 E. Goldberg: In my four years on the Board, I have never encountered a project of this nature that did not have a
143 bond associated with it. If problems arise oil site it assures us we can rectify it.
144 M. Johnson,Aity.: Can release of the bond be tied to complying with Condition#60?
145 I. Enright: If you have the as-built ready at that tune; typically,the as-built cornes after the Certificate of
146 Occupancy issuance.
147 J.Enright: Reviewed peer review comments,#7-Drive Aisle width, Bank is now I I ft. (was 9.1 ft.), (min. Drive
148 Aisle width in bylaw calls for 16 ft.)Drive Aisles within the parcel is 25 ft., all circulation plans allow for
149 emergency vehicles.[J EnrighilBoard no objection],#9-Loading Operations-peer review(TEC)suggests loading
150 take place during for off peak hours[Board noted off peak deliveries differ per business; deemed unnecessail]
151 #I I is resolved in latest plan set[addressed], #12 -Angled Parking-our angled parking dimensions comply with
152 our bylaw;peer review(TFC)notes that a car oil a 60 degree angle, results in all 18 ft. depth which overhangs into
153 the Drive Aisle(see sketch diagrarn). Dimension shown is per our bylaw; they may be interpreting it differently.
154 Cars do pull over the curb stop. Civil engineer confirmed the dimension as drawn are correct. [Board deemed this
155 to be interpretation of bylaw,-no iiaiver required],#13 describes the BertUCCVS environment-long standing
156 restaurant,parking spaces do not comply with the bylaw, compact only. Peer review suggests Applicants try all
157 alternative analysis to determine if meeting dimensional requirements which would result in fewer parking spaces
158 was a better approach; (there are @139 spaces v. bylaw req. 159 -short 20 spaces).[Board to discuss Wien draft
159 decision is discussed at next meetind #14 addresses existing accessible stalls at Bertucci's-TE C asked the
160 Applicant to provide confirmation the existing hatched aisles, curb ramps and sidewalks meet latest ADA Board
161 regulations and whether existing stalls and ramps meet code. [Determination to be made by Building
162 Commissioner and ii,hether there have been any complaints or issites]. Goal is to minimize impact to the
163 business; issues did not arise during recent remodel.
164 J. Enright: Reviewed architecture and comparison architecture. Showed Urgent Care& Starbucks various views;
165 located in Taunton, Winchester,Weymouth,Newburyport& Lawrence.
166 [Continued to the January 19, 2021 Planning Boaml meeting]
167
168 MINUTES: Approval of the December 15,2020 Planning Board meeting minutes.
169 MOTION: P. Boynton a motion to approve the December 15,2020 Planning Board meeting minutes J. Simons
170 seconded the motion. The vote was 5-0,unanimous in favor.Roll Call vote: J. Simons voted yes. A. Preston voted
171 yes. E. Goldberg voted yes. P.Boynton vote yes. K. Bargnesi voted yes.
172
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Town of'North Andover
PLANNING BOARD
!s
TuesdaE, Jatmai-V5, 2021 2( 7p.m., 120H(du Street Tower Hall,North Andover MA 01845
173 ADJOURNMENT
174 MOTION: P.Boynton made a motion to adjourn the meeting. Motion was seconded by K. Bargriesi. The vote
175 was 5-0, unanimous in favor. Meeting adjourned @ 8:36 p.m. Roll Call vote: J. Simons voted yes. A. Preston
176 voted yes. E. Goldberg voted yes, P. Boynton voted yes. K. Bargnesi voted yes.
177
178 MEETING MATERIALS: Planning Board Meeting Agenda January 5, 2021, DRAFT Planning Board Meeting
179 Minutes December 15,2020, Staff Report: 210105 Staff Report; 500 Great Pond Road: 20200130 Recorded
180 Decision NACC-WSP-Addition,NACC Request for release of bond;3 Great Pond Road, Elaine Fin.bur : 201215
181 Con't to Jan, 19;419,435 Andover Street, Crosspoint Associates: Storinwater Review: 201222 Final HW 3'
182 Peer Review 419&435 Andover Street,201221—Boliler—Respotise-to-Coininents-2,201217_2"a Storinwater Pecr
183 Review 419-435 Andover Street; Civil-Traffic Peer Review: 210128 Resp toTEC civil-traffic 42, 201215
184 T0758.12—Peer Review#2,201209 Resp to TEC civil-traffic fl, 2020-12-08 Exhibits Response-to-TEC
185 Comments,Architecture: Elevations: 2010025 Building A Elevations-final, 201022 Building B Elevations-final,
186 Comparison Architecture; Fiscal &Community Impact Statement,210105 Draft Dec, 419,435 Andover Street,
187 201221 Final Plan Set; 187 Turnpike Street,Linda Nalbandian: 187 Turnpike Street Aerial,B4 Parcel Data,B4
188 Parcel Locations, Sketch Plan 187'Furnpike St Pers. Serv,Tbl I Summary of Use Regs, Tbl 2 Summary of
189 Dimensional Reqs; Royal Crest Estates.f I &28 Royal Crest Drive),Triijily Financial,Jim Keefe, Abutter
190 Comment: 201231 Abutter Comment—Jackobek, 210104 Abutter Comment-Jackobek;MassDOT Rt. 114
191 Improvement Plan Comments: 201215 MassDOT resp to MeGarry.Rtesl 14 125 Proposed Intersection,201223
192 McGarry resp.to MassDOT; Property Edge Photo Property Edge Photos 12.15.20;201214 Program Summary,
193 Merno to Plan Board 12.30.20.
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