HomeMy WebLinkAboutDenial - SPR Waiver - Decision - 635 Osgood Street 2/4/2021 NOR TF1
Town of North Andover
Office of the Planning Department
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NOTICE OF DECISION
Site Plan Review - Waiver
Date of Decision: February 2,2021
Application of: Town of North Andover
120 Main Street
North Andover, MA 01845
Premises Affected: 635 Osgood Street, North Andover, MA 01845, Map 036.0, Parcel 26,
within the R-2 zoning district.
HISTORY AND BACKGROUND
On January 25, 2021 the applicant requested a waiver of Site Plan Review Special Permit, in
accordance with the North Andover Zoning Bylaw Article 4 Section 195-8.11.0 Waiver of Site
Plan Review, so as to allow the construction of a gravel parking lot to accommodate 10 spaces.
The dimensions proposed for the parking lot are 6 1' wide and 45' deep, with a 25' wide entrance
from Osgood Street,establishing a parking area of approximately 2,745 square feet of construction
area. However,the entrance from the road would likely contribute an additional 250 to 375 square
feet of construction area. The proposed parking lot is to be sited to accommodate an additional
ten spaces in the future, if demand necessitates it.
The subject lot, an open space parcel, was purchased with Community Preservation Committee
funds in 2012 and is formerly known as the Ousler property.
DECISION
After a Planning Board meeting on February 2, 2021, and upon a motion by P. Boynton and 2"d
by J, Simons a vote was taken with regard to a Waiver of the Site Plan Review Special Permit.
The vote was 5-0, unanimous to deny the approval of a Waiver.
On Beh If of North A lover Planning Board
Jean Enright
January 25,2020
North Andover Planning Board
North Andover Planning Department
120 Main Street
North Andover,MA 01845
Dear North Andover Planning Board,
The Town of North Andover is proposing to construct a gravel parking lot at 635 Osgood Street,an open
space parcel purchased with Community Preservation Committee funds in 2012,formerly known as the
Ousler property. The property is in the Residence 2(R-2)zoning district, where municipal recreation
areas are allowed by right. However, based on the proposed new curb cut, construction of 10 parking
spaces with the possibility of more in the future, and the proposed new accessory use, the project is
subject to Site Plan Review under North Andover Zoning Bylaw Section 195-8.1 l.A.3. The Town of
North Andover is requesting a waiver of Site Plan Review for this parking lot project under Section
195-8.11.C.
The proposed gravel parking lot would accommodate 10 parking spaces of 9 feet wide by 18 feet deep.
The parking area would be cleared for 61 feet wide and 45 feet deep,with a 25 foot wide entrance from
Osgood Street,establishing a parking area of approximately 2,745 square feet. However,the entrance
from the road would likely contribute an additional 250 to 375 square feet of construction area. The size
of this driveway area is necessary to distance parking from the road and place the parking area beyond the
stone wall along the frontage of the property,so as to limit disturbance to the valued stone wall feature on
the site. The parking area will be sited to accommodate an additional ten spaces in the future, if demand
necessitates it.As the Stevens Estate abuts a section of this open space parcel and has substantial parking,
significant parking demand is not expected for the proposed parking area at 635 Osgood Street.
The current site is a maintained lawn area with vegetation and trees that are mostly along the boundary of
the property. The proposed parking area should not require the removal of any trees. The proposed
parking area is more than 250 feet from the nearest hydrologic connection and more than 650 feet from
the nearest wetland. The parking area is separated from the road by an approximately 10 to 15 foot buffer,
consisting of existing vegetation,trees, and an existing stone wall,except for at the proposed parking lot
entrance. The project is associated with a net environmental benefit through the protection of the former
Ousler property and provision of a public good through access to recreational opportunities. Within the
limited space available along the road,a site for the parking area was selected where most of the
disruption occurs to the lawn. Additionally,trees along lot lines will be able to be preserved,allowing for
a properly screened parking area. This plan for the parking area has the intention of"protection of unique
or important natural,historic, or scenic features" as identified in the Site Plan Review Criteria under
Section 195-8.15.B.1.
The impact on surrounding properties is expected to be minimal. The parking area uses a single point for
entry and exits,limiting the extent of disturbance and concentrating turning traffic to this single point, in
accordance with Traffie/Parking Site Plan Review Criteria under 195-8.15.D.I of the North Andover
Zoning Bylaw. The project is unlikely to cause a noticeable increase in traffic to the area,due both to the
small size of the parking lot and that the site will likely be used by those who may otherwise recreate
nearby at the Stevens Estate or Weir Hill. Half of the parking spaces will face southeast towards the lawn
and driveway of 623 Osgood Street, but not directly facing any residences or other buildings,except a
barn 750 feet away and a house 1,000 feet away,which would limit any potential intrusion of headlights
onto other properties. The other five parking spaces would face northwest,approximately 40 feet from the
property line shared with 653 Osgood Street and approximately 100 feet from the nearest edge of the
home at 653 Osgood Street. The parking lot would not directly face any of the nearby houses north of the
parking area,as the nearby houses north of the parking area are all set back from the road 125 feet or
more,while the parking area would only extend approximately 60 feet from the road. Furthermore,the
stone wall,undergrowth,and large trees at the 653 Osgood Street property line should provide substantial
screening.Remaining trees,vegetation,and the stone wall along the road will limit the visibility of the
parking area from the street and surrounding properties, as well. This usage of the site would comply with
multiple criteria under Site Plan Review, including the"screening of adjacent residential uses"under
Section 195-8.15.B.5 of the Zoning Bylaw and"protection of adjacent properties by minimizing the
intrusion of lighting"under Section 195-8.15.B.7.
The proposed parking lot will be a gravel parking area, which will create less stormwater runoff than a
paved lot. The lot will be buffered by lawn and vegetation around a majority of ti►e perimeter,which
would aid in the treatment of runoff and reduce potential for runoff to leave the property.Additionally,
the soil in the area consists largely of sandy loam,which typically has high potential for infiltration of
water. The pat-king area will not be plowed,salted,or otherwise maintained in the winter, limiting the
introduction of foreign substances to the site and the potential for excessive runoff fro►n snowmelt.
Natural stormwater mitigation and the lack of required maintenance for the site will minimize any burden
to public infrastructure or services by this project. These conditions largely reflect a low impact
development approach, as outlined in the Massachusetts StorniNvater Standards Handbook;compliance
with these standards is one of the Site Plan Review Criteria,as identified in Section 195-8.15.E.1.
For the reasons described above,the Town of North Andover is respectfully requesting that the North
Andover Planning Board consider a waiver from Site Plan Review for the project. We look forward to
discussing this matter further and answering any questions you may have at the February 2nd, 2021
Planning Board meeting. Please reach out with any questions in the interim to
dbeckleyi@northaiidovei-iiia.gov.
Sincerely,
Dan Beckley
Staff Planner
North Andover Planning Department
120 Main Street
North Andover,MA 01845
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TOWN OF NORTH ANDOVER -
PLANNING DEPARTMENT PROPOSED
(ALTERNATE 2) DEPARTMENT
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1/29/2021 Town of North Andover Mail-FW:Proposed parking lot on Osgood,Request for Waiver
filchu Jean Enright<jenright@northandoverma.gov>
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FW: Proposed parking lot on Osgood, Request for Waiver
Steven Kingsley<Steven.Kingsley@aewcom> Fri,Jan 29, 2021 at4:08 PM
To:Jean Enright<jenright@northandoverma.gov>
Cc: Daniel Beckley<dbeckley@northandoverma.gov>, 'jason.buelow@gmail.com" <jason.buelovsw@gmail.com>, Doug Howe
<doughowejr@gmail.com>, "olga.lee@gmail.com"<olga.lee@gmail.com>, "chongwlee@gmall.com"
<chongwlee@gmail.com>, Christine Kingsley<christine—kingsley@yahoo.com>
Jean, thank you again for meeting with me and my wife to walk the site on Wednesday morning,we appreciate that!
As we mentioned,when we bought our house in 2015,we were unaware that the beautiful open lands next door were
owned by the town, acquired in 2012 under the Community Preservation Act. Taking this action was smart and
commendable as it preserved open space,with gorgeous sweeping vistas along Osgood Street, one of the town's oldest,
most historic streets. Our own experience mirrors that of anyone who drives along Osgood Street, the setting and
sweeping views have a "calming effect"and we hear that repeatedly from friends and neighbors in town. The purchase of
the land was wise and conservation focused, however the addition of a 10 to 20 space parking lot will be detrimental and
dilutive to the good work already done by the Community Preservation Committee.
We, along with all of our neighbors are against the granting of a waiver of Site Plan Review for this project. We believe,
at a minimum, this issue should be discussed in a public hearing forum through the normal course of action for such
proposals. There are too many open issues to discuss and questions to answer to grant a waiver. We appreciate the
courtesy notice of the public meeting, however this was relatively short notice given the impact of this proposed project
and the ongoing pandemic's effect on our ability to meet and coordinate a response as united neighbors.
Based on a quick survey of our neighbors, some of the concerns and topics for further discussion are as follows:
1. Traffic Study—has a traffic study been performed or contemplated? The addition of 10 to 20 cars will create
further traffic congestion on an already busy street. The ingress/egress process could be dangerous given the
location along the meandering road. At certain"rush hour"times, it is already difficult to make a left hand turn out
of our driveways.
2. Environmental Impact Stud y/Stormwate r survey—this area is commonly wet in the spring and early summer,
has that been considered fully?
3.Wildlife Impact—there are several species of owls, birds of prey,woodpeckers etc that thrive in this preservation
area, nesting Great Horned Owls have returned the past few years in the largest pine tree next to the proposed
parking field. This area is alive with wildlife and will be significantly impacted by loss of habitat and human
interference. Are there any protected species within the proposed buffer range?
4. Character of Osgood Street—this area is historic and one of the most naturally beautiful roadways in town,the
parking field is out of character
5. Need for Parking?—is there a parking shortage for trail access? It appears no one has ever been shut out from
parking at Stevens Estate for access to the trails behind our homes, and the Weir Hill and Edgewood parking lots
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112 912 02 1 Town of North Andover Mail-FW:Proposed parking lot on Osgood,Request for Waiver
provide nearby access as well. If there is a shortage, can these more secluded options be expanded?
6. Proximity to private homes relative to other parking lots—this would be the only trail access parking lot that
would be directly adjacent to several private homes. This directly affects our privacy, "quiet enjoyment"and our
views into the adjacent open fields.
7. Maintenance/Trash/Dogs/Other—These are a few other topics that warrant further explanation and discussion in
an open forum
8.Trails—it appears that part of the justification is for additional trails and connections to existing trails. All of these
trails are currently accessible from Stevens Estate or could be expanded from existing trails leading from Stevens
Estate
The prior points are based on some preliminary feedback from our discussions with some of our neighbors. We have
discussed this project with several neighbors (listed below), however we have not had the opportunity to discuss this with
the entire neighborhood. Under other circumstances and with more time, I expect the list would be longer and I expect
you will hear the same concerns from other neighbors as well.
We unanimously oppose this request for a Waiver of Site Plan Review based on our belief that the project should not be
competed and it should be discussed and debated in the normal public forum, an opportunity we have not been provided.
This project is questionable at best and may do more harm than good to the area that was wisely preserved as open
space in 2012.
If there are specific instructions for listening in and/or participating in the meeting on Tuesday, could you please confirm
on Monday?
We appreciate your time and consideration on this matter.
Sincerely,
Steve Kingsley and
The Osgood Street Neighbors
Steve and Christine Kingsley,653 Osgood St
Chong and Olga Lee,657 Osgood St
Jason and Amy Buelow,650 Osgood St
Doug Howe, 665 Osgood St
Madeleine Ferro, 661 Osgood St
Mark and Kim Mollica, 600 Osgood St
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112912021 Town of North Andover Mail-FW:Proposed parking lot on Osgood,Request for Waiver
From: Steven Kingsley
Sent: Friday, January 29,2021 7:58 AM
To: Jean Enright<jenright@northandoverma.gov>; Daniel Beckley<dbeckley@northandoverma.gov>
Subject: Proposed parking lot on Osgood
Jean and flan, thank you both for your time this week,we appreciate it. I will be submitting a more formal email, but in
the meantime I wanted to let you know that the reaction from the abutters and neighbors is unanimously against the
parking lot. There are many reasons which I will lay out, but I wanted you to know this is not popular with anyone I've
spoken with so far. As you know, it's difficult to collaborate with our neighbors these days, so this is based on preliminary
feedback only,
To avoid a public process, given the opposition, and during a pandemic, is not fair to neighbors or members of the town
that can not be properly heard in a public forum.
This e-mail message, including any attachments, is for the sole use of the person to whom it has been sent, and may
contain information that is confidential or legally protected. If you are not the intended recipient or have received this
message from AEW in error,you are not authorized to copy, distribute, or otherwise use this message or its attachments.
Please notify the sender immediately by return e-mail and permanently delete this message and any attachments.
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1/29/2021 Town of North Andover Mail-635 Osgood Street
NO ; r
Jean Enright<jenright@northandoverma.gov>
635 Osgood Street
Ron Rudis<ronrudis@gmail.com> Thu, Jan 28, 2021 at 6:13 PIVI
To:jenright@northandoverma.gov
Hi Jean,
This is Ron Rudis, 588 Osgood Street. 1 hope all is well with you and Jay.
I have a comment and a question on the upcoming Request for Waiver of Site Plan Review Special Permit for 635
Osgood Street:
1)There is significant water runoff from the property as it exists today. Water runs from the property across Osgood
Street and then south-generally ending up in my property and in the neighbors (592 Osgood). I have been working with
Curtis Johnson and the DPW for some time to alleviate this problem, but to date the issue still exists. The application by
the town states"The lot will be buffered by lawn and vegetation around a majority of the perimeter,which
would aid in the treatment of runoff and reduce potential for runoff to leave the property." I would request that the
planning board reject the request for waiver and have this issue studied in more detail.
2) 1 have a question with regard to where cars will be expected to park when the lot is full-does the town expect that
overflow will park on Osgood Street? If not, is there anything in the plan regarding No Parking signage and enforcement
on Osgood Street?
Thanks,
Ron Rudis
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1/3012021 Town of North Andover Mail-FW:Proposed parking lot on Osgood,Request for Waiver
NO Y ov
Jean Enright jenright@northandoverma.gov>
FW: Proposed parking lot on Osgood, Request for Waiver
Steven Kingsley<Steven.Kingsley@aew.com> Sat, Jan 30,2021 at 8:58 AM
To: Jean Enright<jenright@northandoverma.gov>
Cc: Daniel Beckley<dbeckley@norlhandoverma.gov>, "jason.buelow@gmail.com"<jason.buelow@gmail.com>, Doug Howe
<doughowejr@gmail.com>, "olga.lee@gmail.com"<olga.lee@gmail.com>, "chongwlee@gmail.com"
<chongwlee@gmail.com>, Christine Kingsley<christine_kingsley@yahoo.com>
Jean, one other follow up note...the application seems to indicate that no additional screening is contemplated around the
parking area. While there is some natural screening in place at our property line,this goes away as plants/trees go
dormant in late fall through the spring. We would most surely be adversely affected by headlight intrusion during those
months.
With regard to the future trail work along and behind our homes,without appropriate screening our neighborhood's
privacy would be compromised. I understand this is not directly part of this application, but it is related to the project and
the crux of this request.
We question the need to create a parking lot for the purpose of accessing already accessible trails and trailheads from
The Stevens Estate.
Thanks for your consideration.
From:Steven Kingsley<Steven.Kingsley@AEW.com>
Sent: Friday,January 29, 20214:46:59 PM
To:lean Enright<jenright@northandoverma.gov>
Cc: Daniel Beckley<dbeckley@northandoverma.gov>;jason.buelow@gmail.com <jason.buelow@gmail.com>;
Doug Howe<doughowejr@g mail.com>; olga.lee@gmail.com<olga.lee@gmail.com>; chongwiee@gmail.com
<chongwlee@gmail.com>; Christine Kingsley<Christine_kingsley@yahoo.com>
Subject: Re: [EXTj Re: FW: Proposed parking lot on Osgood, Request for Waiver
[Quoted text hidden]
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113 112 02 1 Town of North Andover Mail-proposed parking lot on Osgood Street
x
NR QNTRJean Enright<jenright@northandoverrna.gov>
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proposed parking lot on Osgood Street
ANN O'BRIEN <annobrien592@comcast.net> Sat, Jan 30, 2021 at 6:23 PM
To: "jenright@northandoverma.gov"<jenright@northandoverma.gov>
I am writing to you to add my voice to the opposition to the idea of bringing a parking lot to the
property at 653 Osgood. I live directly across the street from the property and feel this idea is
totally unnecessary and a great detriment to the area. I purchased my house in 1996 largely for the
beauty of the area and the peacefulness it brings me. Even with the addition of 6-8 new houses,
the property at 653 helped maintain a sense of natural beauty. As far as access to a single trail
through the property, the parking at Stevens and Edgewood are more than adequate to
accommodate hikers. Tearing up a lawn to add 10-20 parking spaces ruins a greenspace, causes
traffic problems, noise and air pollution. I urge you and the committee to abandon this idea and
have true conservation of open spaces on your minds.
htlps://ma ll.google.com/mail/u/0?ik=7c2eff6265&view--pt&search=all&permmsg id=msg-f%3A1690355929803833193&simpl=msg-f%3A169035592080... 1/1
2/2/2021 Town of North Andover Mail-Proposed Osgood Parking tot.
Jean Enright<jenright@northandoverma.gov>
r%n
Proposed Osgood Parking lot.
Doug Howe<doughowejr@gmail.com> Tue, Feb 2, 2021 at 5:38 PM
To:jenright@northandoverma.gov
Dear Planning Director Enright,
I am writing to express my opposition to the proposed parking lot on Osgood Street. Our residential neighborhood is
already impacted by traffic related to three retirement communities,the high school and sports areas, the Stevens Estate,
parking areas at Edgewood,Weir Hill, and the new fire station. The trails and open spaces are already adequately
serviced by the existing parking. There is no need for more parking and access to more trails, especially in this area of
North Andover. It is insensitive and inappropriate to spend money at this time for unnecessary and unwanted projects.
To state the obvious,we have substantial needs that will have to be addressed as a result of the pandemic. Please vote
to deny this waiver,
Thank you,
Douglas N. Howe, Jr.
Nothing in this email shall be deemed to create a binding contract to purchase/sell real estate. The sender of this email
does not have the authority to bind a buyer or seller to a contract via written or oral communications including, but not
limited to, email communications.
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212/2021 Town of North Andover Mail-CPC Purchase of Ouster land in 2012
A4acht� Jean Enright<jenright@northandoverma.gov>
CPC Purchase of Ousler land in 2012
Steven Kingsley<Steven.King sley@aew.com> Tue, Feb 2, 2021 at 5:54 PM
To: Jean Enright<jenright@northandoverma.gov>
Cc: "olga.lee@gmail.com" <olga.lee@gmail.com>, "chongwlee@gmail.com" <chongwlee@gmail.com>, Doug Howe
<dough owej r@gma if.com>, "ferro22@verizon.net"<ferro22@verizon.net>, "k.mollica600@g mail,com"
<Kmollica600@gmail.com>, "jason.buelow@gmail.com"<jason.buelow@gmail.com>, "annobrien592@comcast.net"
<annobrien592@comcast.net>, "karenrudis@com cast,net"<karenrudis@comcast.net>, Christine Kingsley
<christine—kingsley@yahoo.com>
Hi Jean, in anticipation of the meeting tonight and based on my review of the CPC application to purchase the Ouster
land back in 2012, 1 offer the following observations and questions which we believe negates the need or justification of
the proposed parking tot at 635 Osgood.
Per the attached application submitted to the Community Preservation Committee(CPC) by John Simons in February
2012, in advance of the Annual Town Meeting:
1. In response to the question"How does this project help preserve North Andover's character?", the Answer was
"Intent is to expand open space corridor by providing trail access from Stevens Estate to Edgewood". Objective is
to preserve a scenic meadow and spectacular vista". This was clearly the motivation of the request and was very
well-intended and well executed. The largest piece of the purchase, the open field beyond the rock wall was the
"link"to the two destinations and existing trails. This was the purpose of this purchase.
2. Under"Guidelines for Submission", requests"should be within a five year period, from FY 2012 to FY2016". it
is now five years later than the outside date for this proposed piece of the project and the funds have not been
used, have the funds been forfeited or could they be re-directed to other, more worthy projects?
3. Under`Guidelines for Submission", "requests must include the purpose and need for the item and must be
documented with appropriate support". Clearly the main purpose of this request was for"Open Space
Protection", in fact that is how the expenditure was classified in the FY 2012 Town Meeting Warrant. The
inclusion of the parking lot off of Osgood Street was never truly justified from a needs or cost/benefit perspective.
The need for more parking, the location of the proposed parking lot, the costs, the impact to the neighborhood,the
traffic impact, etc,were never fully studied, documented or supported in the application or subsequently to our
knowledge.
4. Under"The Property"description, it is noted that"the property provides excellent trail access from Osgood Hill to
Half Mile Hilt". Both of these destinations are already well served by ample parking at the Stevens Estate and at
Edgewood, and now the purchased land provides the link to each destination and access to build new trails if
desired. Also highlighted in this section is the following; "The property would preserve beautiful meadows and
paths through the property(particularly the view into the property from Osgood Street)". The addition of 10
to 20 space parking lot along historic Osgood Street would look"out of character", would most certainly detract
from the beautiful vistas and be dilutive to the overall benefit of the purchase and preservation of the main field
beyond the stone wall behind our homes.
5. Finally, the request does note that"this land would provide an excellent location for a parking area directly off
Osgood Street—thus making the entire open space corridor more readily available to town residents". This seems
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2/2/2021 Town of North Andover Mail-CPC Purchase of Ousler land in 2012
to indicate that this parking area would be"more convenient", maybe, but does that alone justify the construction of
a parking lot when there are already two access points/parking lots as mentioned previously? Could the existing
parking lots at the Stevens Estate or at Edgewood be expanded?
After reading this application, it is clear that there was a lot of information missing to justify the cost and need for an
additional trail access parking lot. The"bang for the buck"was in the purchase of the land to preserve open space and
the sweeping vistas, and to provide a link to already accessible trails and destinations in Osgood Hill and Half Mile Hill.
The addition of a parking lot as proposed on Osgood Street is not in keeping with the overall goal and mandate to protect
North Andover's "character"and open space, and would detract from one of the features that sets us apart from
neighboring towns.
Thanks for your consideration,
Steve Kingsley and
The Osgood Street Neighbors:
Steve and Christine Kingsley, 653 Osgood St
Chong and Olga Lee, 657 Osgood St
Jason and Array Buelow, 650 Osgood St
Doug Howe, 665 Osgood St
Madeleine Ferro, 661 Osgood St
Mark and Kim Mollica, 600 Osgood St
[Quoted text hidden]
Ousler property cpc application.pdf
132K
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