HomeMy WebLinkAbout2021-11-02 Planning Board Minutes Town o f'Nortlt Andover
PLANNING BOARD
Eitan Goldberg, Chairman • • John Simons
Peter.Koyntorr y�%i�% Kelly Cormier
• Alissar Koenig
Tuesday,November 2, 2021 (a7 7 p.m., 120R Main Street, NA Senior Center,North Andover, MA 01845
1
2 Present: E. Goldberg, J. Simons,A. Koenig, P. Boynton-Remote,K. Cormier-Remote
3 Absent:
4 Staff Present: J. Enright
5
6 L. Goldberg, Chairman: The Planning Board meeting for Tuesday,November 2,2021 was called to order at 7
7 p.m. (Read Governor's Order into the record. This meeting is considered as 1yhrid meeting; both remote and in-
8 person. Votes will he, recorded as roll call this evening.)
9
10 Pursuant to Chapter 20 of'the Acts of 2021, this meeting will be conducted in person and vita remote means, in
I 1 accordance with applicable law. This meeting q f the North Andover Planning Board twill be conducted both in-
1.2 person at the meeting location listed above and via remote participation. Specific information and the general
13 guidelines for remote participation by members of'the public andlor parties with a right and/or requirement to
14 attend this meeting can be./oundon the Town'.s website, oat wrurv.raortlaaaradoverrraa.gov. For this meeting,
15 members of the public who wish to watch the meeting live may do so oil their televisions by tuning to Comcast
1.6 Channel 8 or Verizon Channel26 or online oat w)wrw.raorthanatover•caraa.org. In person attendance of members of
17 the public and Board members will be permitted, and every effort will be made to ensure that the public call
18 adequately access the proceedings in real time, via technological means. In the event than we are unable to alo
19 so, despite best efforts, we will post oil the Town of North Andover websile am audio or video recording,
20 transcript, or other comprehensive record of proceedings as soon as possible after the meeting.If the public
21 would like to participate in public hearings, but not attend the meeting in person please emailyour
22 question/eomment prior to or during the meeting tojqjLdg/tt ia)iqq/'afarrs trvc r°a a f, r y. The alaaestion/cornnaent will
23 be read during the proceedings an responded to accordingly.
24
25 STAFF REPORT
26 BOND RELEASE
27 110 Sutton Street, Bob Car-berry: Request for a bond release in the amount of$2,500. This performance
28 bond is associated with a.Site Plan.Review special permit to allow for a 3,796 SF single story addition, stormwater
29 drainage improvements and landscaping.
30 J Enright: The original performance bond for this project for$5K. $2,500 was retained to ensure landscaping �
31 adjacent to Sutton St. was satisfactorily completed. The landscaping was to serve as an improved streetscape,
32 soften the facade and restrict parking in the crushed stone area. A nndehed berin has been installed,3 trees along
33 the frontage and several plantings have been added. The plantings and beds are arranged to allow for fire and
34 maintenance access to the building. According to the property owner parking is not allowed in this area of the lot.
35 Pictures of the area are included in your packet along with the original decision.
36 MOTION: J. Simons made a motion to release all remaining bond and interest for 110 Sutton Street. The motion
37 was seconded by A.Koenig Roll Call vote: K. Cormier voted yes. P. Boynton voted yes.A. Koenig voted yes. J.
38 Simons voted yes. E. Goldberg. vatted yes. The vote was 5-0, unanimous in favor.
39
40 DISCUSSION ITEMS
41 1274 Osgood Street(formerly 121.0 Osgood St.), Signature Commons, Bob Bohlen: Request for
42 hisubstantial. Change to the January 23,2018 Site Plan Review and Reduction in Parking Modification special
43 permit. Building 1 was previously proposed as a bank and now proposed as a Starbueks. A revised parking
44 calculation will be presented as well,
1
Town ofNivth Andover
PLANNING BOARD
Eittnt GolNbeig, Cltttirnttrrt Joltrt Sirnorts
Pater Boynton Kelly Cornier
Alissa Koenig
Tttestlay, November 2, 202.1 (&, 7 p.nt., .1201?Mairt Street,NA Senior Center,North Andover,AM 01845
45 Viler Richards For etta Development: Original brick and mortar bank tenants slated for this location are no
46 longer interested. We shifted to coffee shops and landed with Starbucks.Hancock prepared plans shifting the site
47 size from 3K sq. ft.to 2,200 sq. ft. with traffic and parking/queueing studies.
48 Robert:DiBenedetto, P.E.,Hancock: We are requesting an Insubstantial Change to the development because this
49 building has changed its permitted use; as tenants signed deals within the development,there have been other
50 changes.Building 2 stayed the same; Buildings 3 &4 experienced changes in their tenant use, all within the
51 permitted commercial use allowed in tine original intended design.
52 E_Goldberg: Walk its through who is there now and who has signed leases?
53 T. Richards: A gym franchise similar to Crossfit,MedSpa,Passion Nails-who may be expanding at this location,
54 Bird & Wolf Restaurant, a large second floor office spacc a nd Starbucks and in Building 4 we are talking with a.
55 smaller restaurant 2-4K sq. ft.
56 R. DiBenedetto: Scott Thornton,VAI&Assoc. will address revised marking calculations for tine area.
57 T. Richards: Referenced resident letter which expressed concern about the queueing lanc and for potential to back
58 tip into the commercial drive. Starbucks is prepared to minimize this and wait times. Explained there is a double
59 queueing lane, new to NE Starbucks locations. Starbucks will take outdoor orders prior to the order window,
60 mobile online payment apps,will hire police detail if there is back up onto a road in cases with high traffic
61 volume. Does not see that ever being an issue at this location. If there was traffic getting closer to the crosswalk,
62 signage will be there to direct people to park or wait, Employees also help direct traffic. There is a subdivision
63 agreement regarding overflow.
64 T. Richards: Overflow ruff this site falls into commercial subdivision regulations currently in place. It would fall
65 into Forgetta's jurisdiction to regulate between Bird &Wolf(Bldg, 2) &(Bldg. 1). If it overflowed more into the
66 rotary it would fall into Forgetta's and Princeton Properties jurisdiction. It would be quite a feat for back up to
67 make it all the way to Osgood St.
68 R DiBenedetto: Measures are being taken to ensure that backup does not reach the road.
69 T. Richards: A walk-up window is located next to the patio. Reviewed traffic flow; went from 11 cars to a double
70 queueing lane for 14 cars post-Covid. One-way traffic direction is from the top side to tine bottom side. Cars may
71 park or circle around and find parking elsewhere, cars have 12 ft. to enter past the queueing lanes if backed up.
72 Signage will prevent lane blockage. Roadway between Starbuck's and Bird & Wolf is two-way road.
73 E. Goldberg: Read public comment into the record 1211028 Resiclerrt Comment-Strauss]. This raises a valid point.
74 Bank drive thru traffic is broken up during the clay where a Starbuck's has aanuch heavier morning traffic,maybe
75 lunchtime and evening. Bird & Wolf has the restaurant, bakery& cafe.How does this paly into what is being
76 proposed?
77 Scott Thornton,VAI: We anticipate 40 additional trips to what was in the original traffic study. We expect a total
78 of 196 trips during the morning peak hour which may be high. Initial development analysis reveals less traffic on
79 Osgood St. in the morning. Circulation around the Starbucks, avail. parking and app payment helps with the
80 typical queue which is 10-11 vehicles in the a.m. We don't anticipate any issues with the ability to queale 14 cars
81 due to tine high-capacity drive-thru,ability to bypass vehicles and extra parking.
82 K._Cor_mier: Based on your chart,with a Starbuck's instead of a bank,there will be 30 less trips?More people go
83 to brick&mortar banks than go to Starbuck's?
84 S. Thornton: Yes, over the course of a day. Cowl has darned this info upside down;there are other changes to
85 retail uses incorporated in the trip projections.
86 7._Sirt7ol7s: Tables I &2 read that there are 1500 total additional trips a day. Under the existing bank it's 444 and
87 under Table 1 there is 1406 daily. I-low come the total doesn't change.
2
Town o f North Andover
PLANNING BOARD
Eit(m Goldberg, Clmirman • •' Jolrrr Simms
Peter Boynton �i��0ii' '• Kelly Corrraier
• Alissa Koenig
Tttes(MV,November-2 2021 7 p.m 1201?Main Street NA Senior-Center NoHlr Andover MA 01845
88 S. Thornton: 'I'hc retail comes down in the proposed program and has been picked up by things like the restaurant
89 and office changes.
90 J._Sinions: The coffee shop is increasing, the other uses will have fewer trips.
91 K. Cormier: Table I is dated 2017,. is that when those counts were taken?
92 S.-Thornton: Previous traffic counts were taken in 2016 which is when the program was approved. We are
93 comparing against it for the proposed program.
94 A. Koenig: Thinking ahead when.Amazon is completed, there are more drivers on the road; will the daily trip
95 value change in that area?
96 S. Thornton: It's generally included. Trip generations and calculations incorporate that development.
97 E. Goldberg: If 10-1.1 is the average numbers of cars,what,happens when it reaches 15-17?1 have no issue with
98 the idea, but struggle with whether it is an Insubstantial Change and whether we need newer traffic data, post-
99 Covid,with Bird 8c Wolfe,the new traffic light, etc.to consider what the current effects will be. I would like to
100 understand how the dual lanes work. We heed newer information, not:a full peer review.
101 J. Simons: I agree,there are more things I want to ask questions on. We can do this quickly. I don't believe there is
102 any objection. It feels premature to rush this through without a formal hearing. I'd like to see the look and feel of
103 the building, where this is not built yet.
104 T. Richards: It will be a mix between the Starbuck's brand and the type of siding we have. We have more backup
105 pat-king for overflow at this location, driving capabilities around the building than the future Andover St. location.
106 S. Thornton: The morning time period,operations around the driveway,potential cross traffic at the rotary and the
107 main development driveway onto Osgood St. are of concern. We may find traffic on Osgood St. is less than pre-
108 Covid in 2016 and will report that.
109 E. Goldberg: We can either vote or you can withdraw and have you return to the Board with a modification.
110 T. Richards: This has been a long process for this building, it is the anchor tenant for the development helping it to
III succeed. We want to do this the right way.
11.2 J. Enright: This will need to be noticed as a full hearing,I will bring the draft decision to that first meeting. This
113 will be a work in progress and we will place you on an upcoming agenda.
114 Boorcl: This is to be considered ei Discussion Item; no vote i-equimml; not deemed cm Insuhstonticd Cltcrnge, ci
115 llodifrccrtion neecls to be filecl.
11.6
117 Royal Crest Estates (1 & 28 Royal Crest Wive), 1 r inity Financial, Jim I{eefe: Proposed Master
1 ,18 Redevelopment Plan for the property.
119 ® NAPI► Rt. 114 crossing memo
120 O Overview of draft zoning bylaw amendment
1.21 0 Program Summary
122
123 E. Goldberg: Provided an overview of topics to be covered: review the inemd>about the Rt. 114 crossing, get an
1.24 overview of the draft zoning from "Town Counsel, and then discuss and vote on this as a potential warrant article.
125 E. Goldberg: Read the letter submitted by Chief Gray into the record: [211028 Route 114 0-ossing]stating the
126 department has reviewed the proposed construction Improvements on Route 114 in the area of Royal ..rest and
127 sees no areas of concern,perhaps safety improvements by the removal of the HAWK light,and addling a frill
128 intersection with crosswalks and a working traffic light at the Royal Crest entrance.
129 S. Egan: Presented PowerPoint presentation and highlights of the zoning bylaw drafted by the Zoning Working
130 Group comprised of Select Board member, R. Vaillancourt,Eitan Goldberg, John Simons, Jean Enright,Andrew
131 Shapiro and herself. Biweekly meetings were held. Existing zoning for Royal Crest and bylaws for different types
3
Town of'North Andover
PLANNING BOARD
Eitait Goldberg, C'hrtirntan " " John Simms
Peter Boynton �o /� � V Kelly Cot•ntiet,
Alissa Koenig
Trtes(lrry,November 2, 2021 Cd), 7p.rn., 1201Z MWit Street,NA Senior Center, North Andover, MA 0184.E
132 of zoning districts were reviewed. Procedrrres :for new developments, including Osgood c. 40R Smart Growth
133 district, DT'O district, site plan special permit process, and special permit for multi-residential districts were
134 reviewed as well. Met with the Trinity team and there is a draft the group is ready to move forward with and
135 present to the Planning Board.Highlights of the mixed-use zoning bylaw would include 2 warrant articles; one to
136 amend the Zoning Map for that site and the second would be to adopt the zoning bylaw which regulates the Master
137 Plan development and establishes the permitting process. All the information you tYpically look at in site plan
138 review is included in the draft. Prior to a building permit, the developer would submit a development project plan
139 to be reviewed by the Planning Board.There would be the ability to have 3`d party review of that.Also have Dept.
140 Heads and other local Boards weigh in similar to the special permit site plan review process. It's different in that it
141 is a"project plan review".A public hearing would be held and the Planning Board's decision would be whether or
142 not the project review is consistent with the zoning bylaw that was adopted in the Master Plan. The uses contained
143 would be allowed as a matter of right when the town meeting voted to approve.Every use within the development
144 will have a residential component, cither a residential use straightforward or a mixed-use associated with
1.45 residential uses and retail, restaurants and offices. The zoning bylaw would also include the density and
146 dimensional requirements.The Mixed-Use Overlay district will mect the requirements of the Housing Choice Act.
147 In 2020 the MA Zoning Act was amended to allow for housing or residential use to be more easily permitted ors a
148 local level.North.Andover is an.MBTA community which requires the town to have a particular bylaw which
149 allows multi-family residential use to be allowed as a matter of right in a relatively dense district of 15 units per
150 acre; it's got to be suitable for families and they cannot be age restricted. Tire town is required to adopt a district
151 like this and if it chooses not to, it is not eligible for certain state grants. Any large project under out-current bylaw
152 there is a special permit required,there is not an as-of-right use related to multi-family with that type of density.
153 J. Simons: I have always considered site plan review as the use was allowed by right. Site plan review was ill place
154 solely to deal with those dimensional things. This is proposed a slightly different way. We do have residential uses
155 as-of-right.
156 S,Ega_q: Not at 15 units per acre. `Tile zoning bylaw is unique in terms of Our site plan review special permit. You
157 are correct within the bylaw there are uses allowed as of right. In some instances,you could say we have site plan
158 review which means the Planning Board looks at the project reviews the site plan as a non-discretionary permit.
159 Our zoning bylaw is not set Grp as that; our bylaw says the site plan review is a special permit under section 9, it's a
160 discretionary authority and it's a different standard.
161 J. Simons: It's not discretionary, if we denied it because we didn't like it,we would lose.
162 E. Goldb�: It's more a function Of how the I-IOUSing Choice law was written that says it's as-of right. Any type
163 of special permit would not qualify.
164 S._Ep-an: You could amend the zoning bylaw to get rid of the special permit aspect of the site plan review. This
165 Mixed-'Use Overlay District would meet those requirements. This bylaw is subject to a reduced quantum of vote
166 for adoption by'Town Meeting and that would be a majority. It would go from a two-thirds vote to a majority vote.
167 There is also an aspect of an affordable housing requirement for the development which is 15%of the net new
168 residential units will be affordable housing in order to be eligible for the inclusion on the Srubsidized Housing
169 Inventory by the state. This bylaw proposes to snake this district not subject to the inclusionary bylaw which is
170 done through a special permit,therefore it wouldn't be as-of-right.
171 J. Simons: When you mention 15%of the residential units which new residential units are we talking about?
172 E. Goldberg: That nrcans that however many there are at Royal Crest now v. flow many there are in the whole
173 proposed overlay district,the delta is 15%of those are required to be affordable or the net new. This draft zoning
174 only applies to this bylaw at Royal Crest. When we discussed inclusionary zoning prior the percentage was also
175 15%.
4
Town of North Andover
PLANNING BOARD
EiNnG'oMberr Chairnwit John Simons
1 eter 13oyrrtorr
�iaiiiaiii j �;,,'� Kel�y Cormier"
�,
• Alissa Koenig
Tttesclay,November 2, 2021 L 7 p.m., 120R Main Street, NA Senior Center,North Andover, MA 01845
176 S. E>an: This bylaw sets up a process for any changes made to the Master Development flan. When Town
177 Meeting adopts the Master Development Plan it's where the use is proposed at the time aitci if there's anything that
178 is going to vary from that there is a process set up within the zoning bylaw. It's a review for all Insubstantial
179 Change and then it goes to the Planning Board for public hearing and if that is inconsistent to what was adopted at
180 Town Meeting it goes back to'Town Meeting. Those uses are allowed by Town Meeting and those decisions
181 would need to be nude there. Tile next steps for this bylaw is the Planning Board would move to initiate review of
182 the zoning bylaw and male amendment by submission to the Select Board.It then gets referred back to the
183 Planning Board to start the public hearing process for recommendation to Town.Meeting.
184 E_. Goldh.erg: Do we do that after we review it:,then send it to the Select Board,then have it come back?We had
185 talked about a vote to authorize this as a Planning Board sponsored article. What,vote we should we take?
186 S. EEgan: Suggests Board reviews the bylaw first, it's a relatively new concept for the town and then vote to initiate
187 to subunit it to the Select Board.
188 J.-Enright: At some point,the warrant opens,then you submit it. Often it is redlined tip until Town Meeting.
189 Sometimes the motion is as printed it)the Planning Board Report, as opposed to the warrant.
190 E. Goldber : I want to get as much public input as we can, I would like to work on it here to discuss certain items
191 that are still open; heights, setbacks, landscaping, detailing some of tile uses. This should be in its best shape not
192 necessarily a final draft when we send it to the Select Board. Is it fair to say that the Town Meeting article on this
193 really is voting on the entire plaid or project?If approved at Town Meeting it conies back to the Planning Board for
194 more site plan review type of review even though it's called something different to make sure all the pieces reflect
1.95 what was previously approved.
1.96 S. Egan: 'The zoning bylaw is specific as to what has to be submitted, reviewed and how the project has to look.
197 Most Of the uses are allowed as-of-right. There are some uses that are called out:for special permit. Those rises
198 would not be approved as-of-right at Town Meeting;that would come back to the Planning Board.
1.99 E. Goldbertr: Let's decide whether this should be a Planning Board sponsored article. We are going to vote and 1
200 want to be clear on what we are voting oil. If the Planning Board sponsors this as a as an article that means we will
201 continue forward with the process that we just outlined. We'll review the zoning at our meetings and discuss all
202 the rises, heights, setbacks, landscaping, special permit, site plan etc. Once we have a good draft, we will send that
203 to the Select Board who sends it back to us and then we would hold public hearings.After those hearings we
204 would make a recommendation about whether we recommend favorable or unfavorable action. We are not taking
205 that vote today. It would be inappropriate for us to take that vote today. The vote is whether this moves forward to
206 a Town Meeting article or not. If we vote no,that ends the process.
207
208 Board: J. Simons & P. Boynton felt that a vote this evening would be interpreted as a.Planning Board
209 endorsement which would be misleading at this time. Both felt strongly that the private developer of this
210 large, impactful project should be submitted as a Citizen Petition requiring ten signatures for placement
211 on the warrant. Historically, similar private projects of this scale were handled this way to protect the
212 town's interest. J. Sinions voiced concern that a Planning Board sponsored warrant article typically has
21.3 Bill support of the Board if it goes to Town Meeting and this project currently does not. P. Boynton felt
214 the vote was unnecessary, a change in process and premature, noting that it would be inappropriate at
215 this time and a manipulation of the Board's jurisdiction, representing a form of false advocacy that
216 would be misunderstood as premature project approval.
217 E_._Goldbei A. Kocni & K. Cormier: Felt that after reviewing this inipactful project for over a year,
218 that it was in fact the responsibility of the Planning Board, particularly based on the amount of due
5
Town of North Andover
PLANNING BOA1i1)
Eitan Goldberg, Chairman .Tohn Simons
Peter Boynton Kelly y Cormier
�
r
Alissa 1"Coeni,
TuesdqE,November 2 2021 u) 7 m. 1201?Main Street NA Senior Center North Andover MA 01845
219 diligence involved to date,to vote to initiate the zoning change, in order to publicly move forward to
220 hear the zoning issues surrounding the project and to review and craft a draft zoning bylaw, thus sending
221 it to the Select Board to ultimately enable the project to potentially become a Planning Board sponsored
222 warrant article at Town Meeting in May of 2022. K. Cormier expressed she is absolutely not saying she is
223 for it, because as this plan stands, she is not. Stated she has been clear about the items she is concerned about, but
224 believes resolution is possible. Does believe there is potential to move forward and the citizens should have tine
225 ability to vote on this. Does not want to endorse this or advocate for it right now, but it has potential and should
226 move through the process.
227
228 Deliberated at great length as to whether the Planning Board should vote this evening feeling a vote is premature,
229 formulation of the vote,discussed why the project is not being put forth by the private developer as a Citizen.
230 Petition,responsibility of sponsoring a private article of this scale and impact, process,whether a vote this evening
231 might appear to the public as an endorsement on behalf of the Board and ultimately whether the vote fell within
232 the jurisdiction of tine Board.
233
234 MOTION: E. Goldberg: Let's vote as to whether we"want to vote" on initiating the zoning change to Royal Crest
235 toward a Town Meeting article. Roll Call vote: A. Koenig voted yes. J. Simons voted no.E. Goldberg voted yes.
236 P. Boynton voted no. K. Cormier voted yes. The vote was 3-2 in favor.
237 MOTION: A. Koenig made a motion as to initiate a zoning article regarding Royal Crest. The motion was
238 seconded by K. Cormier. Roll Call vote: A. Koenig voted yes. J. Simons voted no. E. Goldberg voted yes.P.
239 Boynton voted no.K. Cormier voted yes. 'The vote was 3-2 in favor.
240
241 E, G:oldbcrg: Next steps are zoning. Suzanne what would you suggest?
242 S. Egan: The most appropriate tieing to do next is to look at tine draft zoning bylaw. Once the Board is comfortable
243 with that then submit it to the Select Board. Suggests everyone review it and then schedule a meeting.
244 J. Enright: The next meeting we are hopeful that we have the peer review of all the updated reports you received
245 last week.. Suggests the Board cover those on November 1.6"' and then schedule the zoning review draft bylaw for
246 December 7th.
247
248 J. Keefe,Trinitv Financial: Suggests the working group be reconstituted to concentrate on design and other issues
249 around that in a way to have more focused discussions. There remains a great deal of concern about design issues.
250 It might be a good idea to reformulate the group toward a focus in that direction.
251 E. Goldberg: Suggests design working group be put on the agenda for December 7`'
252
253 ADJOURNMENT
254 MOTION: A. Koenig made a motion to adjourn the meeting. The motion was seconded by J. Simons.Meeting
255 adjourned 9:00 p.m. Roll Call vote: A. Koenig voted yes. J. Simons voted yes.E. Goldberg voted yes. K.
256 Cormier voted yes. P. Boynton voted yes. Tile vote was 5-0, unanimous in favor.
257
258 MEETING MATERIALS: Planning Board Meeting Agenda November 2,2021;Staff tetnort: 211102 Staff
259 Report; 11.0 Sutton Street: :I'ies: I:aandscape 1, Landscape 3, Landscape 4, IMG-3066, IMG-3062, IMG-3061,
260 1340 110 Sutton Street-Site Plan Review; 1274 Osgood Street(formerly 1210 Osgood St.): Swept,Patll
261 Analysis: 22448SPR9-SWA,Resident Comment: 21.1028 Resident Comment-Strauss, Site Plan, Queuing 1-ane
262 Layout,211029 Bohlen authorization letter, 211028 PB cover letter, 210921 R. Bohlen 0921 Traffic Analysis,
6
Town ofWorth Andover
PLANNING BOARD
Eitan Goldberg, Ch ainn(trt � ��� , John Sintons
Peter Boynton i ��%� � '� Kelly Cormier
• Alissa Koenig
TuesdaV,November 2 2021 rah 7 P.nt. .120R Main Street NA Senior C'ertter,North Andover MA 01845
263 2021-1.0-28_STARBUCKS PLAN,Royal Crest Estates (1&28 Royal Crest Drive),Trinity Financial,,Tim
264 Ijecf : Program Surnipary: 211020 Royal Crest Program Summary, Overview draft zoning amendment:
265 Overview Mixed Use Overlay District Bylaw,NAPD-Rt..-114 crossull�): 211028 Route 114 Crossing Memo.
7