HomeMy WebLinkAbout2021-04-27 Planning Board Minutes Town of North Andover
PLANNING BOARD
Tuesday,Al2ril 27, 2021 (a,6:30 p.m., 120 Maim Street Town Hall, Nos-th Andover, MA 0.1845
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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, S. Egan
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6 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, April 27, 2021 was called to order at 6:30 p.m.
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8 E. Goldberg: (Read the Governor's Order into the record). Votes will be recorded as roll call this evening. This
9 meeting was held remotely via conference call.
10 J. Enright(in person/present): Roll Call: K. Cormier(remote participant), K. Bargnesi (remote participant), P.
11 Boynton(remote participant), A. Preston(remote participant),J. Simons(in-person/present), E. Goldberg(in-
12 person/present).
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14 Pursuant to Governor Baker's March 12,2020 Order Suspending Certain Provisions of lire Open Meeting Laiv, G.L. c.
15 30A,§18, and the Governor's March 15, 2020 Order imposing strict linritrrtion on the number of people that stay gather its
16 one place,this meeting of lire North Andover Planning Board►pill be conducted via remote participation to the greatest
17 extent possible.Specific inforrtration and lire general guidelines for retnote participation by members of the public andlor
18 parties ivith a right andlor requirement to attend this meeting can be found on the Towt's ivebsite,at
19 iviviv.arorilranrloverttrrt.gov. For this rueetiug,members of the public ivho ivish to watch the itteeting may do so on their
20 televisions by tuning to Conicast Channel 8 or Verizon Channel26 or online at ivip►v.nortlianrlovercarn.org. No in person
21 attendance of members of the public spill be permitted,but every effort ivill be made to ensure that the public cart
22 adequately access the proceedings in real titre, via technological means.In the event that ive are ratable to do so,despite
23 best efforts, ive willpost on the Toivtt of North Andover ivebsite an audio or video recording,transcript, or other
24 comprehensive record of proceedings as soots as possible after the meeting.If the public ivould like to participate in public
25 hearings please entail your questdordcontment prior to or during the meeting to 'ears ii iortlian(loverttta. ov. The
26 questioticonnnent)pill be read daring theproceedings and responded to accordingly.
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28 STAFF REPORT
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30 BOND RELEASE:
31 Kelsey Lane,William Gillen: Request for release of a$1,000 site opening bond and a$4,000 performance bond.
32 J. Enright: This was a Definitive Subdivision"on paper" for two homes off Molly Towne Rd.; it provided for two
33 driveway accesses to Molly Town Road. Addresses are on Molly Towne Rd. We received the as-built,the decision
34 is in your packets, Health& Conservation were required to sign off, everything is in order. I recommend full
35 release of the$4K Performance bond and the$1 K Site Opening bond.
36 MOTION: J. Simons made a motion to release the remaining bond funds for Kelsey Lane. A. Preston seconded.
37 The vote was 5-0, unanimous in favor. Roll Call vote: K. Bargnesi voted yes. P. Boynton voted yes. A. Preston
38 voted yes.J. Simons voted yes. E. Goldberg voted yes.
39
40 CONTINUED PUBLIC HEARINGS
41 3 Great Pond Road,Elaine Fin bury: (Request for Continuance until the May 4, 2021 Platt►ting Board
42 meeting) Application for a Site Plan Review Special Permit under Article 8, Part 3 and Article 10 § 195-10.7 of
43 the North Andover Zoning Bylaw. The Applicant proposes the creative reuse and conversion of the Grange Hall in
44 the Old Center to three residential units,construction of retaining walls, stormwater management, and creation of
45 associated parking spaces. No exterior alterations are proposed. The parcel is located within the Residential 3
46 zoning district.
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Town of North Andover
PLANNING HOARD
Tuesday,Aril 27 2021 ( 6:30 P.m., 120 Main Street Town Hall NoHh Andover MA 01845
47 J. Enright: Revised plans will need to be submitted by Thursday May 29,2021 at noon. Approvals are needed
48 from the Planning Board,the Old Center Historic District and Conservation Commission.
49 They have not applied to Conservation or the Historic District yet, as they are waiting to see what the Planning
50 Board decides.
51 MOTION: J. Simons voted to approve the continuance for 3 Great Pond Rd. public hearing until May 4,2021. K.
52 Bargnesi seconded. The vote was 5-0, unanimous in favor. Roll Call vote: A. Preston voted yes. P. Boynton voted
53 yes. K. Bargnesi voted yes.J. Simons voted yes.E. Goldberg voted yes.
54 [Continued to the May 4, 2021 Plann ing Board rrleeting]
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56 NEW PUBLIC HEARINGS
57 Ani ual Town Meeting Zoning Bylaw Amendment Articles/Planning Board Report:
58 J. Enright: The Planning Board previously recommended favorable action on the 5 Planning Board sponsored
59 zoning amendment articles in addition to the CPC and the Steven's Estate articles.No public comment has been
60 received on these articles. The hearing remains open.The Board typically holds the hearing open until the
61 Planning Board meeting just prior to Town Meeting which is now being held June 15". Board agreed to keep for
62 now. The Select Board made favorable recommendations on these warrant articles at their meeting last night.
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64 [E. Goldberg read Goi� Baker's Order into the record]
65 Citizen Petition,Article X,Joe Finn and others: Multi-family housing moratorium
66 E. Goldberg: Introduced petitioner sponsoring article noting Town Counsel is present for any questions.No public
67 comment has been received on the proposed article.
68 Joe Finn, petitioner, 48 Surrey Drive: Provided context to the moratorium noting he became involved while
69 running for Select Board in last town election. Recognized resident concerns regarding rapid growth and need for
70 affordable senior housing; there are 8K seniors in town. He put forth this article as a temporary, possible solution
71 to reduce density in the form of a moratorium directed at multi-family dwelling which resonated with many
72 residents. The NA Master Plan, a 190 pg. document highlights housing as a major concern to NA residents. In
73 2017-18 residents were concerned with limited school capacity, traffic congestion increasing with more housing
74 density,potential for losing natural resources and open spaces and traffic/safety along neighborhood streets. The
75 2015 housing data reportedly had a healthy multi-family housing unit inventory. Several large-scale market rate
76 housing developments were then approved which most residents knew nothing about, including West Mill
77 AvalonBay-200 units,East Mill-140 units, former Knights of Columbus-136 units and Forgetta Farm-192 units
78 (all market rate) adding 668 units. This occurred after we were told we had a healthy inventory which seems
79 counter intuitive. Residents referred to Compass Point, Berry Farms, Forgetta Farnzs and were starting to discuss
80 the Merrimack College project adding 1,641 units, a hotel,downs, office space along Rt. 114. There are still
81 people out there who do not know about the Merrimack College project. Ultimately,this is the issue that should
82 come before the voters.
83 E. Goldberg: To clarify, it is not a Merrimack College project. The property owner, Aimco,and Trinity Financial
84 are proposing a redevelopment. It should go to Town Meeting; the article has been included in the Warrant.The
85 question before the Planning Board is(1)whether this Board supports this article or not and(2)what kind of shape
86 it should take. Outside Counsel noted,as written, it is not in a position to be voted on; requires better formatting. It
87 will go to the voters in some way for them to vote on.
88 J. Finn: The study noted in the article calls for a comprehensive study taking into account the impacts of the
89 additional 668 market rate housing units on the schools, police, fire department,etc. Our Town Manager was
90 quoted as saying, "We have seen significant change in our market-rate housing over the last few years in single
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Town of North Andover
PLANNING BOARD
Tties(lay,A tvl 27 2021 6:30 pxi., 120 Main Street Town Hall Noj•tlt Andover MA 01845
91 and multi-family housing which caused the delta for 40B compliance."I understand a town consultant has recently
92 been brought on board to evaluate this. It is reasonable to assume we could see a delta in other areas such as public
93 schools,municipal services, police and fire department. There could be deltas on multi-family construction
94 projects individually and in the aggregate. We need to know what resources are remain in order to deal with
95 additional housing issues.This is simply a pause to better understand the impacts on the significant change we are
96 experiencing with large scale housing in time to understand that what is the best solution when it comes to large
97 scale housing and density in the future.
98 Lynne Rudnicki petitioner: The typo in the article should read, "195-10.2.1", consistent with the zoning bylaws.
99 K. Cornier: What hasn't been studied in terms of additional data that we do not already have?
100 J. Finn: Water and sewer capacity, ix the lake; in 2018 we had a surplus capacity. What is the delta with each
101 project; the delta with the aggregate in mind can help us understand our position when taking on other large scale
102 housing development projects.
103 A. Preston: Curious as to the effect of the moratorium on larger scale developments. As townspeople, we have had
104 ample opportunities to change zoning through the Town Meeting process on large projects, i.e. Mills &Overlay
105 District, Forgetta Farm, former Knight's of Columbus.
106 J. Finn: The public is unaware; maybe they do not attend Town Meeting; focused on the schools and traffic.
107 E. Goldberg: We have done a lot of these studies either in the aggregate through the Master Plan, Housing
108 Development Plain, Watershed Study,not solely focused on housing, etc. For each of these big developments we
109 had either Town Meeting votes or entertained months and months of Planning Board hearings; unsure that this has
110 added value given the time and effort we have put into these studies and special permits for multi-family housing.
III Projects already passed would move forward, based on outside counsel opinion. Royal Crest will have to go to
112 Town Meeting for zoning changes and if it has a 40B component that would trump a local moratorium. There is no
113 fiuunding mechanism in this. This is important conversation to have, but this moratorium does not solve the alleged
114 problems. The data does not support that multi-family housing is driving the rise in traffic and increase in school
115 aged children; data supports single family housing as far as school aged children are concerned. Housing was by
116 far the most divided topic during the Master Plan process,there was a lot of disagreement.
117 J. Simons: This moratorium has no impact on the projects already approved which will move forward. Royal Crest
118 will go to Town Meeting,this will not slow or prevent anything, nor will it stall future proposals that we are not
119 aware of today.
120 E. Goldberg: Questioned the funding mechanism.
121 K. Bargnesi: Agrees with the sentiment and frustration of the proponent.Not sure moratorium is solving the
122 problem given the status of approved projects and the fact that the Royal Crest project is part affordable housing.
123 Shares the frustrations related to what appears to be overdevelopment. As a town, our efforts may be better
124 directed toward ensuring we have the finding and support for the infrastructure and school growth. All these
125 projects put some stress on town's resources; not sure placing a blanket hold solves anything.
126 E. Goldberg: Agreed this is an important conversation;there may be other ways we can discuss this issue. The
127 conversation should not end at Town Meeting.
128 L. Rudnicki: A comprehensive study has never been done to show how much water draw is used per development.
129 We are reaching capacity at our lake. Last year in three months we drew down more than we should; ten years
130 ago,we were doing that one month out of twelve;the lake is an issue. Can we sustain another 5K units before we
131 effect the lake or is it only I units?If it is 1K, is it fair to give that all to one developer?We want to grow
132 business. We do not know how much Princeton,Avalon,East-West Mill will take and what impacts those items
133 will have on municipal services, as an aggregate. We are looking at possibly adding 4 firefighters,4 police
134 officers,additional staff for the other developments. When do we outgrow the fire station; out-country lacks a fire
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Town of North Andover
PLANNING BOARD
Trres(la A rr127 2021 6:30 .►n. 120 Mrtl►r Street Torv►r Hal! No► h A►mlove►• MA 01845
135 station?We have never done a study on sewer releases. How many releases are we going to have when we add
136 rain events? We have never done a study on the roadway infrastructure and we have never done an environmental
137 impact. This is not just a Royal Crest referendum nor is it designed to affect all the projects that recently carve up
138 close together however we are growing at double the state rate, 60% faster than Essex county and 60%faster than
139 the nationwide average. It is time to take a pause and slow down to determine how many units we can absorb on a
140 yearly basis and to develop a growth plan. We did it prior with single-family homes. Royal Crest has vacancy
141 rates, even with units being rented by Merrimack College students,Princeton Properties has a 13%vacancy rate,
142 Berry Farm has a 6%vacancy rate. Do we want multi-family v, single-family homes; or to build ownership units;
143 there are seniors who want to own and not rent. Why pay outside consultants,we have a lot of smart residents who
144 can meet with i.e., DPW,water treatment plant to review capacity against state filings and average usage per home
145 to determine overall usage and then move into commercial
146 E. Goldberg: How long would it take to do this study and what would it cost the town? We don't need a
147 moratorium to set those important goals.
148 L. Rudnicki: It might take a year or two. If it is completed sooner,we could take the moratorium off. We need a
149 plan in place before someone new applies this year. If someone applied now there is no plan in place;they could
150 build another 5K units. What happens if one of these large farms wants to develop and-sve do not have the funds to
151 purchase the land?How do we stop the developers;they do not want to build 40B due to the profit limitations.
152 Most residents want ownership and perhaps we consider over-55 senior housing or build smaller housing that
153 young people can afford to buy, not$5-600K town houses; starter homes more geared toward young homeowners.
154 J. Enright: Public comments (2)have been received via ernail: A. O'Donnell,"Not all these projects have gone
155 before town mecting, developers submit numbers in advance, in support of a pause."A. O'Donnell,Moratorium—
156 Spell Check, looks like the same comment.
157 E. Goldberg: We will be reviewing the fiscal impact study for Royal Crest, data has been provided about number
158 of school-aged children that have come from various projects over last several years. We are Iooking at those
159 numbers and trying to factor in what has come before,what is on the table.
160 P. Boynton: Finds the notion of a comprehensive study that is cumulative of all the projects and their impacts is
161 warranted and would be useful going forward. I understand the appeal of the moratorium, however I agree with
162 others that it does not seem to be a useful approach in this case. This could be a town wide task involving all
163 dcparlments, DPW, schools, planning etc. as opposed to any one branch. Planning could develop the framework
164 and articulate the effort.
165 E. Goldber•r~: Putting the moratorium aside, the question becomes whether we have the money in the budget to
166 accomplish this useful study. It is worth the discussion if there is room in the budget to utilize a part-time person
167 or a grant proposal. Someone needs to lead the discussion/jurisdiction and budget. The census data and
168 information consideration all in one place,the data is out there on sewer, lake, etc.
169 J.Enright: Although there is no Planning budget for this; the data exists. We can talk internally;there are
170 numerous plans that were updated during the Master Plan.
171 J. Enright: Additional resident comment: A. O'Donnell, RE: numbers: point being, they are guesses. Many of
172 these properties aren't even built,nor fully rented.
173 J. Finn: Would there have been a need for a pause after the 2018 report came out saying that we have a healthy
174 inventory of multi-family units? In that report, it said we have problems with our school capacities,traffic is an
175 issue,traffic with more housing density and traffic in the neighborhoods. We then gained 668 market rate units.
176 People agree this is a good time for a pause. They have yet to see the three developments coming online. The
177 Master Plan noted that some schools are near or at capacity even with the expansion of the Early Childhood
178 Center. There is no room for increased enrollment in class sizes for them to remain at desired numbers. Affordable
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Town of Norili Andover
PLANNING BOARD
Trtestlay,April 27, 2021 a,6:30 12_0 Maier Street Towl Hall, North A11dover, MA 01845
179 housing for seniors is needed. The seniors suffered in this process; the town then built 668 market rate units with
180 nothing included for the seniors.
181 E. Goldber : How does the moratorium help seniors?To obtain more senior family housing,we would have to
182 build more multi-family senior housing.
183 J. Finn: CPC discussed the Housing Authority's conceptual design for a 100 %affordable option and zoning.
184 North Andover has over 21 zoning districts and for a town this size that is a lot;we are trying to add more.
185 E. Goldberg: We need to determine(1) Does this article address concerns being addressed? and(2) Is that
186 "concern"based on factual information?You mention overcrowding in schools; it is not accurate to assume multi-
187 family housing contributes to that; traffic is a concern. This article does not answer concerns being addressed.
188 J. Finn: Does the Planning Board consider projects in the pipeline prior to approving these large-scale housing
189 developments-or do you take them one by one, as they come up?
190 E. Goldberg: Most large projects have peer review studies incorporating prior and upcoming projects for traffic,
191 fiscal and stormwater.Next week we review the fiscal impact study for Royal Crest;their expert's results v. what
192 our peer reviewer produced and any questions.
193 J. Enright: When multi-family applications are processed through the Planning Board,the peer review and fiscal
194 impact goes out. The Applicant suggests what the impact is, we peer review that and then request the school
195 department to weigh in.
196 J. Finn: Did the town know about the Royal Crest project at the time the 668 units were approved and coming on
197 board? Should that have been disclosed to the residents?
198 E. Goldberg: Projects are only considered if an application is submitted. It is not considered a"real"project until
199 then. There have been talks for years as to how to develop Royal Crest; it is still in the discussion phase.
200 Encouraged resident comments and questions be submitted regarding this article for the next meeting.
201 [Continued to the May 4, 2021 Planning Board ineeting]
202
203 DISCUSSION ITEMS
204 _MassDOT,Larry Cash: (Postponed until May 18, 2021 Planning Board meeting) Overview of Rt. 114
205 Improvement Project and responses to public comments.
206 J. Enright: Resident comments(mostly regarding Hillside Road)have been included in the Board's packet. They
207 will be carried to the May 18 meeting.
208 [Continued to the May 18, 2021 Planning Board ineeting]
209
210 Royal Crest Estates (I &28 Royal Crest Drive),Trinity Financial_,_Jim Keefe: Proposed Master
211 Redevelopment Plan for the property.
212 • Fiscal Impact/School Capacity Study
213 a Continued responses to general questions/comments
214 E. GoIdbcra: We will review the fiscal impacts at the May 4tn meeting. That evening the experts will be together
215 on one night to ask questions of both Trinity and Merrimack College. We pick up this evening where we left off at
216 the April 6,2021, reviewing document (042221 Trinity Response Surr maq General Public Comments) beginning
217 at page 121Comment#12`E. Goldberg read abutter/resident comments into the record], A. McSweeney, L.
218 Rudnicki, K. Comeau, C. Dennis,T. Dugan, M. Iorio, M. L. Schaalmair, E. Cook(3), R. Parsons, CJ Gangi &
219 Others, and M.L. Schaalman. Responses addressed the following topics: stormwater&drainage, noise and light
220 pollution, height of structures,dormitory&parking location, number of units being"sold" and breakdown by
221 type-over 55,townhorne,rnidrisc,estimated property boundaries of condominiums being sold,notation on
222 Program Summary document updates, 40B units (385)-market rate v. town inventory, hotel &retail concerns,
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Town of North Andover
PLANNING BOARD
Ttiest-lim Aril 27 2021 6:30 .nt, 120 Maier Street Town Hall North Andover M14 01845
223 traffic, concern for current residents of Royal Crest, municipal approval timeline, outreach&transparency,
224 charettes&online forums for engagement or possibility for in-person tnectings, capacity of multi-family housing
225 developments regionally, concern for town's water supply&sewer capacity,walking path& privacy/security, five
226 story parking garage structure,MVRTA stops noted on plan, required zoning changes, and overall density.
227 J. Enright: The public can find all the information and documents covered at the Planning Board meetings on the
228 Community and Economic Development website. Residents can subscribe to town agendas,which link to the
229 information to be reviewed at the meeting.
230 Board: In addition to alternate visual information to be provided by Trinity, (i.e. computer generated"digital fly-
231 through"of the site within a month or so), a balloon test for this project will be helpful to schedule showing the
232 height of the tallest five-story building along Rt. 114. Trinity agreed this is a good idea and will aim for the end of
233 May to schedule this.
234 P. Boynton: Liked the idea of listing zoning changes on the Program Summary going forward. Would like to see
235 before and after comparisons, i.e. "what is actually there now"and "what is allowed by zoning now'; "what would
236 be"and"what is proposed"with regard to FAR, use,density, setbacks, multiple areas of the difference in zoning if
237 passed by the town,"before and after zoning summary"on that sheet.
238 E. Goldberg: We will leave off at J. Salvatore(p. 35 of46) and pick this up at the next meeting on May 4, 2021.
239 (Discussion Continued to the May 4 2021 Planning Board weetingl
240
241 MEETING MINUTES:
242 MOTION: P. Boynton made a motion to approve the March 16,2021 &April 6,2021 Planning Board minutes. J.
243 Simons seconded, The vote was 4-0, unanimous in favor. Roll Call vote: A. Preston voted yes. P. Boynton voted
244 yes. J. Simons voted yes. E. Goldberg voted yes.
245
246 P. Boynton: Requested the status of the Watershed Update be added to an upcoming agenda. Board Chair felt that
247 the May 18,2021 Planning Board meeting would work best.
248
249 ADJOURNMENT
250 MOTION: J. Simons made a motion to adjourn the meeting. Motion was seconded by P. Boynton. The vote was
251 4-0, unanimous in favor, Meeting adjourned @ 9:00 p.m. Roll Call vote: P. Boynton voted yes. J. Simons voted
252 yes. A. Preston voted yes. E. Goldberg voted yes.
253
254 MEETING MATERIALS: Planning Board Meeting Agenda April 6,2021,DRAFT Planning Board Meeting Minutes
255 March 16,2021 &April 6,2021,Staff Report:210427 Staff Report;William Gillen, Kelsey Lane:Department Review:
256 Conservation Comment,Health Dept.Comment,As-Built Plan,20190823 Time Stamped Modification Kelsey Lane,
257 20091006 Decision-Final;3 Great Pond Road, Elaine Finbury:Department Review:210323 DPW Engineering Updated
258 Comments,210427 Request to Con't to May 4,210406 Con't to April 27;Annual Town Meeting Zoning Bylaw
259 Amendment Articles/Planning Board Report:210427 Planning Board Report;Citizen Petitions Article X Joe Finn and
260 others: Resident Comment:210427 Resident Comment O'Donnell,210427 Resident Comment O'Donnell,210427 Resident
261 Comment O'Donnell, Existing 195-10.2 zoning bylaw,Citizen Petition Housing Moratorium,210427 Planning Board Report,
262 210328 Review Calendar-Citizen Petition Article, Opinion_Letter_re_Citizen Petition_Article_-_Building_Moratoriinn;
263 MassDOT Rt. 114 Improvement Comments: Resident Comment RE Hillside Road: 210426 Resident Comment-Kumar,
264 210405 Resident Comment-Brissenden,210325 Resident Comment-Sankhla,210325 Resident Comment-Repucei,210325
265 Resident Comment- Khan,210325 Resident Comment Guruswamy,210325 Resident Comment-Gondalia,210324 Resident
266 Comment-Tarikere,210324 Resident Comment-R Surette,210324 Resident Comment-Perrone,210324 Resident Comment
267 Chheda,210324 Resident Comment-Burns,210323 Resident Comment-L Surette,210323 Resident Comment-Ganti,210323
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Town of North Andover
PLANNING BOARD
Tuesda Aril 27 2021 b-30 .tit. 120 Main Street Town Hall North Andover MA 01845
268 Resident Comment-Dharnsania,210322 Resident Comment-Consoli(2),210312 Resident Comment-Consoli,210310
269 Resident Continent-Cullen, Pedestrian Bridge Response: MassDOT PedestrianBridge_Response—Rt114,McGarry: 210310
270 GPI (MassDOT)resp.-McGarry,210310 Abutter Comment—McGarry,210308 Abutter Comment—McGarry,201118
271 McGarry Comment Rtes 114-125 Proposed Intersection,201006 Abutter Comment—McGarry, 122015 MassDOT resp to
272 McGarry_Rtesl 14_125 Proposed Intersection;Royal Crest Estates 1 &28 Royal Crest Drive Trinity Financial: School
273 Capacity Study: School Enrollment Data:Atkinson Space Summary 351,Franklin Space Summary 368,Kittredge Space
274 Summary 237,North Andover Middle School 1109 rev,March 2021 Fougere School Age Children Data,210329 TBA Peer
275 Review NAPS Enrollment memo,210121 Wagman Peer Review North Andover Public Schools Demographic Study,
276 Resident Comments—Questions:210401 Resident Comment—Rudnicki,210401 Resident Comment—Schaahnan,210406
277 Resident Comment—Lauro,210406 Summary General Public Comments,210406 Trinity Response Summary General Public
278 Comments, Fiscal Impact Analysis:Jan 2021 Fougere Final Draft Fiscal Report Royal Crest Mixed Use,210423 M.
279 Rodrigues Letter,210423 Barret Update—NAndoverRoyalCrest,210420 Fougere Resp. Fiscal Report Royal Crest Mixed
280 Use Final Draft,210222 Barret Resp.NAndoverRoya[Crest,Program Summary 1.28.21.
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