HomeMy WebLinkAbout2021-12-07 Planning Board Minutes Town of'North Andover,
PLANNING BOARD
Eitan Goldberg, Chair John Simons
Peter Boynton �//%% �! •• Kelly Corroder
Alissa Koenig
»
Tuesday December 7, 2021(a7, 7 p.rn., 120 Main Street Torun Hrr11, North Andover,MA 01845
Present: E. Goldberg, J. Simons, 11. Boynton-Remote, K. Cormier-Remote, A. Koenig
Absent:
Staff Present: J. Enright
I . Goldberg, Chairman: The Planning Board meeting for Tuesday,November 16, 2021 was called to order at 7
p.m. (Read Governors Order into the record. This meeting is considered a hybrid meeting; berth remote and in-
person. Votes will be recorded as roll call this evening.)
Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in
accordance rvitli applicable taro. This rneetirt x crf'the Nortlz Analover Plaaranr"ng Boar•al will be corzdaacted both in-
person at the meeting location listed above and via remote participation. Specific information and the general
guidelines fur remote participation by members of'the public and/or parties with a right and/or requirement to
(attend this nzeetirzg earn be found orr the l o)vn's rvebsite, at wwrv.rzortharzdover•mar.gov. For this meeting,
members of the public who wish to watch the meeting live may do so oil their televisions Al,tuning to Comcast
Channel 8 or Verizon Channel 26 or online at rvww.rzoithauzaloverc°am.or : In person attendance of members of
the public and Board members will be permitted, and every effort will be made to ensure that the public caul
adequately access the proceedings in real time, via technological means. In the event that rue are unable to do
so, despite best efforts, wewillpost on the Town of North Andover rvebsite an audio or video recording,
transcript, or other comprehensive record vf'proceedings as soon as possible after the meeting. If the public
would like to participate in public hearings, but not attend the meeting in person please email your
rluestian/carrznzerrt prior to or during the meeting to cp.Ly&Lil'a)fLrrt/tanc t arz cl ly» The question/comment will
be real/during the proceedings and responded to accordingly.
J.J. Enright:Attendance:K Cormier pr•eserzt/r emote, P. Boynton-present/remote, A. Koenig-present, ,I. Simons-
present, E. Goldberg present.
STAFF REPORT
BOND RELEASE
174 Cotuit Street Five Construction Joe Fisiclielli: Request for release of$10,000 perforrnarlce bond
associated with a one-lot definitive subdivision plan.
J. EnrighV Roadway design was waived down to driveway construction to a new home located at 166 Cotuit St.
The home has been constructed and lot is stabilized. The Board has approved the Norm J lot release. Town
engineer has reviewed and approved the engineer certification letter and as-built plan. Photos of the site,the
approved decision, certification letter and as-built plan are in your packet.
MOTION: J. Simons made a notion to approve the bond release plus interest for 174 Cotuit Street. A. Koenig
seconded the motion. Roll call vote: K. Cormier voted yes. P. Boynton voted yes. A. Koenig voted yes. J. Simons
voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor.
Evergreen Estates,Albert Couillard (D.E.C.M. Essex,Inc.): Request for release of interest
associated with an August 1996 Roadway Bond in the amount of$140K.
1.
Town of'North Andover
PLANNING BOARD
Eitau GoAlberg, Cltaii- .- John Simms
Peter 13oyntort ///%/%% % Kellax Coriraier
i° Alissa Koenig
Tuesday December 7, 202.10,) 7 p.im, 120 Main Street Towit Hall,North Andover, AM 01845
J. Enright: This roadway bond for Beaver Brook and Pheasant Brook was posted in 1996. Several partial releases
of bond funds have resulted in a bond balance of$14K.. Interest on this account has grown to approx. $25K.
Applicant is requesting release of the Interest Only. The two roads have not been accepted by the Town yet.
Historically, $14K is the amount held for the street acceptance process. Tim Willett does not recommend release
of the$1.4K;however has no objection to release of the interest only. Paperwork has been provided showing three
family members involved in the request, as well as a business entity summary. A family member(daughter) is in
attendance this evening.
J. Simons: Is the acceptance the only issue that exists?
J. Enright: As far as I am aware, this is the only issue remaining.
E. Goldberg: Who placed the bond?The company or an individual?It seems we should be releasing the interest to
D.E.C.M. Essex Inc. Any officer or appropriate entity may cash that,however that corporation has been dissolved
and does not exist anymore.
J. Enright: Presented the corporation's business entity form submitted.At the time Mary Couillard was President
and Treasurer.
E. Goldberg: The company who put up the bond doesn't exist anymore.
Danielle Holloway, daughter of Mary&Roland Couillard: D.E.C.M. Essex Inc. doesn't exist, but D.E.C.M.
Entities exists.
E CJoI___db�: Agreed the interest should be released.
MOTION: J. Simons made a motion to approve release of interest only for Evergreen Estates to D.E.C.M. Essex
Inc. (retaining$14K)subject to determining the correct legal entity to pay to. P. Boynton seconded the motion.
Roll call vote: K. Cormier voted yes. P.Boynton voted yes. A. Koenig voted yes. J. Simons voted yes. E.
Goldberg voted yes. The vote was 5-0, unanimous in favor.
CONTINUER PUBLIC HEADINGS
33 Apl)ledore Lane, Sean &Lauren Delaney (Continued to the December 21, 2021 Planning Board meeting):
Application for a Watershed Special.Permit under Article 4 Part 5 Section 195-4.19(B) and Article 10 Section
195-10.7 of the Zoning Bylaw to authorize an additional 12' x 24' garage bay, add second floor addition over
garage and breezeway, and expand paved driveway to access new garage bay. The property is located in the
Residential 3 (R-3)zoning district.
212 Brentwood Circle John & Michelle Turnello Continued to the December 21 2021 Plannin,.13om-d
meethi> : Application for a Watershed Special Permit under Article 4 Part 5 Section 195-4.19(B)and Article 1.0
Section 195-10.7 of the Zoning'Bylaw to authorize installation of an in-ground pool,patio, shed, and fencing
within the Non-Discharge Zone of the Watershed Protection District. The property is located in the Residential I
(R-1)zoning district.
DISCUSSION ITEMS
Royal Crest Estates (1 &28 Royal Crest Drive),Trinity Financial,Jim Keefe: Proposed Master
1Zcdevclopment Plan for the property.
• Peer review response Fiscal Impact and School Capacity update memo
• Peer Review response Stormwater and Drainage
• Program Summary
• Draft Mixed Use Overlay Bylaw.-.-Part 1 through Part 5
2
Town of'North Andover
PLANNING BOARD
titan Goldberg, Chair •� John Sitnons
Peter Bgyntort Kelly Cormier
Alissa Koenig
Tuesday December 7, 2021(&, 7 wn., 120 Main Street Town Hall,North:rollover-,AM 01845
J. Enright: Fiscal Impact Analysis has been updated to reflect the reduction in units made in August. Mark Fougere
is here(Applicant's consultant)to review his report. Judi Barrett is also in attendance(Town's peer reviewer).
School Capacity Analysis has been updated reflecting reduction of units. Annika Nillson Ripps,TBA Architects is
here to review their findings (Town's peer reviewer). Peer review for the preliminary storrmwater design is
completed. It is agreed that a more formal design and IlydroCAD model will be prepared, submitted and peer
reviewed for each. Development Project Review, The most recent Program Summary is included in your packets
and Suzanne Egan,Town Counsel is here to discuss the draft Mixed Use Overlay bylaw.
Mark Foligere hout;ere Planning?&Development, Inc.: (Reviewed Estimated coasts 912121 memo) Given the new
program, costs were updated still showing a positive fiscal impact. Reductions to number of residents, Police and
Fire calls relative to other services in the community such as Elder Services,library, Veterans Affairs,Youth
Center, Comrmurnity Support,which were all based on per capita costs. Spoke to Asst. Supt. Of Schools regarding
reduced number of students to create a cost factor. Gross income is at$6.7 mil and a positive fiscal impact ranging
from $2.1-4.3 million taking into consideration the new program which will generate less revenue given the
development that's changing, reduction of units and other uses. Responded to Barrett Planning Group's 11/9
memo;no objections to their findings. Client has responded with data on phasing and impacts. Our analysis gives
the town foundation of what type of impacts will occur with a project built over time.
E. Goldberg: Confirmed the financial numbers represent full build out. What data did you use for the school
numbers?]rioted decreasing numbers of public-school aged children in the district within the last 2 years.
M. Fougere: Used two sets of data;my internal data and town consultant's numbers for the upper end projecting
range of students that will span between 19 &78 new students above and beyond what is there today. My data
derives from my database,existing projects in town and the town report.
J. Simons: The number of students in the schools you're using for the school costs,are they the actual enrollment
numbers in the NA schools or just the number of eertain people of certain ages that live at Royal Crest today?
What time period does the data reflect?Are you using an average of multiple years?
M, Fougere: Current enrollment data was from the School Dept; all costs and revenues are based oil today. The
range is an estimate of the range of population based on an average every year. In speaking with the Asst. Supt.,
we used the existing number of students that exists at Royal Crest today,applying the costs and what that
translates to relative to the new students as far as Special Ed needs,number of teachers needed, other cost
considerations.
J. Simons: Was it a snapshot at the beginning of this year of tine count and dispersion of the count or was it based
on a weighted average of the number of years?The costs today came from the School. Dept. Are they fully loaded
costs; what is the substance behind the costs?
M I ou�ere: The costs were based on discussions held this past summer. They are today's costs v. future,they
include teacher salaries, benefits,etc. We did not do a cost averaging.[See pg. 3 of document 2100902 Fougere
I'isccd Upcicrte.Imlacrct Memo)We looked at teacher costs.
J. Simons: What does that cost range per pupil number mean?is the total number the first number,the second or
the sum of both?Is the range the low and high of what the costs are today?
M. Fougere: It is a cost range based on a mixed-use potential cost of$285K for 46 students; 380K for 126
students.It is a range of costs; we added in Special Education-approx.17%of enrollment, costs were set aside for
limited English proficiency, supplies, Greater Lawrence Technical School. We covered the main cost factors that
if new students are added to the school system you could gauge budget impacts. These numbers were obtained
from the Asst. School Supt.from the prior school year. The bottom line is it is still very positive.
K. Cormier: Currently,there are 213 students at Royal Crest. With the current development plan is there now an
increase to that number?
3
Town of'North Andover
PLANNING BOARD
Eitan Goldberg, Chap• • • John Simons
Peter,Boyrttorr Kelly Coi-mi'er
Alissa Koenig
Tuesrlay December 7, 2021 Ci7 7 p.rn., 120 Main Sh-eet Town Ifall,Norlh Andovex-, MA 01845
Annika Nillson_Riprrs, TBA Architects(town's pee1�reviewer : [See clocunaent�211110 7TA N11PS Enrollment
Iny)(ict memol We reviewed the new numbers of"residential units adjusted in August using the same methodology
used last March(same existing counts and school aged ratios as last year). We predict an additional 89 new
students K-12 on top of the existing 213 students after fuull build out. Our March 29"'memo estimated all approx.
additional 25%of the existing population will resettle(53 students)not necessarily to any one school but within
district. The Middle School is already over capacity. Atkinson and Franklin schools have capacity issues compared
to the district's classroom size goals of 20 students per classroom and MSBA who estimates 23 per classroom.
Franklin meets MSBA standards, however the other elementary schools and Middle School will be overcrowded
and tip the scales in terms of district standards.
I._C:loldber> : Confirmed that is based on current sizes of those schools,not factoring in school growth or change.
A. Ripp : Reviewed the Wagman demographic study which suggested the population would be relatively level.
E. Goldberg: Noted tine Town's ongoing School Capacity Study looking at additions and renovations. These 89
students occur over a 6-year period, Phasing of the 40B first would have the largest child size(years 2025-81
additional students, 2027-33 fewer students, 2029-settle at 89 additional students).
I Simons: Based on current standards this would put the two schools at over-capacity.
&Rills: Looking at the new numbers you will see less impact; all schools are able to meet MSBA standards.
Atkinson, Kittredge and Franklin would not meet the district goal of 20 per classroom.
J. Simons: If you are going over 20 you can potentially increase the class size. What are other options?
A..._R�ipl)s: Classroom sizes in these schools are smaller than the MSBA recommendation, Atkinson only has
capacity for 18 students based on MSBA s.f.. per student, 60%of Franklin can only hold 20 students v. the 23.
While this all meets MSBA your schools don't have the square footage.
J. Simons: 'I'liere are real constraints about increasing classroom size which equates to more capacity.
A.Ripps: You need more capacity; there's a lot of options,more classrooms, revising catchment areas. The
current classrooms don't meet current MSBA recommendations.
J. Simons: "There's nothing in the analysis that addresses the cost of adding capacity to the schools. It's basically a
marginal cost analysis. "There are additional costs associated with that that has not been factored in.
I�,: C%oldberg: That's something that would normally be addressed in the development agreement. The goal is to
identify areas of mitigating concern, schools,traffic,water capacity and designate monies to address those.
K. Cormier: Confirmed total number of students. Royal Crest baseline number is 213 and with the August
program reflects an increase of 89 students. I misunderstood prior data because I thought the August program
reflected a 0 increase or potential decrease in students?
A. Wpps: Our projections show a total number of 302 students at Royal Crest at the end of development; currently
213 plus additional 89.
M. Lozano: There has always been a range. We have been trying to present the best estimate possible and there's
been differing opinions on what the metrics would be. Mark used his,the town gave us a metric to use which
showed a decrease in students. Tile low range was 19 additional students,this report is at 89 (20-90).
E, Cjoldbcre : With larger projects you will see a larger range which is preferable; planning for worst case. (233-
320) What causes that range?
K. Cormier: That's a large 10-40%range of additional students.
M. FouVie: 'file results show the use two different methodologies, mine,and your consultant's.
M. Lozano: "Townhouses generate larger amounts of school aged children due to added bedrooms.
J..._Enright: Stormwater is in preliminary design. They have written memos to the Board about what they plan to do
for stormwater management. This was peer reviewed and our consultant and the development team concurred that
4
Town of North Andover
PLANNING;BOARD
Eiftin Goldberg, Chtdr Jolara Siznorts
Peter 13oyntozz i%/ ! •, lfellj� Coa•rniet-
���� A/h.va Koenig
Tuesday December- 7, 2021 (ai7, 7 p.m., 120 Manz Street L'arvaa Mall,Nor-tit Anflover-,MA 018
as each project comes before you more detailed modeling will have to be done. The preliminary design is
appropriate but needs fiu•ther review and more detail. The proponents will appear before the Conservation
Commission in January.
J. Simons: Are there any unique drainage problems on site that warrant innovative solutions?
Jeff Koetteritz,VHB: The two biggest challenges are the soil conditions which do not infiltrate well and tend to
hold a lot of surface water and the high groundwater table; we are proposing standard mitigation.
J. Enright: The site is not in compliance today and these efforts will bring the site tap to MA Stormwater
Standards.
Suzanne E.gatrt,=Town Counsel: Presented draft Mixed-Use Bylaw. Intent of the bylaw is to provide for a mixed-
use development to the Master Plan community and create a district that meets the requirements of the Housing
Choice Act which is to provide for 15 units per acre as-of-right. Currently the Dept. of Housing and Community
Development is reviewing the regulations. The Housing Choice Act says that,every MBTA community which NA
is, must adopt, or create a zoning district allowing(multi-family high density) 1.5 residential units per acre
permitted as-of-right which means no discretionary special permits, variances, we are located near an MBTA train
line.North Andover must create one of these districts somewhere in town. Some towns already meet the
requirements;the regulations have not been formally recognized. A new district need not be created if one already
meets the requirements; our site plan review process is discretionary. Zoning district must permit the multi-family
by-right and have a minimum gross density of 15 units per acre with no age restrictions and be suitable for
families. We can re-zone an existing multi-family in an existing zoning district to meet this standard in an existing
location where the units have already been built.New developments are either permitted Or existing Structures
modified. Intent is to make multi-family housing easier. Site has a compatible mix of uses; commercial,higher
education and residential along Rt. 11.4/125 and town is looking to create a zoning district that goes well with what
is existing there today. Reviewed as-of-right definition, uses, development project plan,and plan approval.
J. Simons: The Planning Board cannot deny this, it's literally a rubber stamp?
S.Egan.: This Board can either approve, deny or conditionally approve. Legally,under the statute this Board has
discretion. This bylaw is giving you the site plan review without the discretionary special permit.
E. Golciber�: There is more in this that gets voted on at Town Meeting. If it returns to us and it doesn't meet what
was voted at.Town Meeting, then it basically can't happen.
J. Enright: The application procedure is site plan review carried forward. Everything they need to include in their
application is the same,criteria for peer review is the same,the criteria for conditionally approving is tine same, the
significant difference is the appeal process, a plan approval process v. a special permit appeal process is different.
S. Egan: In most instances when you are adopting a zoning district, there's a wide range of uses allowed. In this
draft it is specific regarding uses that are allowed. Amendments return to TownMeeting for approval,revisions
may be presented by the developer to the Planning Board, the Board reviews proposed changes and can authorize
rd feels away revision may have an adverse effect. The Planning Board
revisions. A public hearing is held if the Boa
can determine the change is substantial and sends tine developer to Town Meeting. Reviewed subdistricts,
permitted &prohibited uses, uses by special permit.
K. Cormier: Questioned educational uses under dormitory as exempt from zoning prohibition. Wondered if
noxious noise could be discouraged on the property i.e.,outdoor concerts, large gatherings,loud speakers, etc.
h_gan: No zoning bylaw can prohibit educational uses;will clarify language to make it specific. Reviewed
affordable housing component which will be in place in perpetuity. General clause regarding nuisance can be
considered particularly for open space.
E. Goldberg: We will stop at Part V and will pick tap with review of Part VI at the next meeting.
5
Town of'North Andover
PEANNING BOARD
Eitan G"oNberg, Chair John Simons
Peter Boyntosr jG/%!%%' ;•� Kelly Cormier
Alissa Koenig
Tttes(lap December 7 2021 a, 7 p.m., 120 Main Street Town Fall North Andover MA 01845
Planning Board: Draft Inclusionary Zoning bylaw
J I:nright: The latest cl►-aft of the I'nclusio na►y Zoning Bylaw is in your packet for discussion of the next steps.
Looking for consensus Board supports this as a warrant article. ,Draft has been submitted to Chair of Affordable
Housing Trust who has made some comments/edits. Suzanne and I will meet with the Chair; a draft will be
prepared for the next meeting incorporating his edits. Inclusiona►y zoning is a goal stated in the Master Plan and
Housing Production Plan.
E. Goldberg: As a Board, we need to decide if we want to initiate or sponsor this bylaw. We will review the draft
at the next meeting and vote o►7 whether we want to move this process forward.
J Enright: Read a comment related to the Mixed-Use bylaw received via email. The comment was from Andrea
O'Donnell, asking"if there is any prohibition for adult entertainment and/or banquet facility."To be reviewed
with Town Counsel for the next meeting. Will inquire if banquet facility is accessory to the hotel.
MEETING MINUTES:
MOTION:A. Koenig made a motion to approve the November 16,2021 meeting minutes. J. Simons seconded.
Roll call vote: K. Cormier voted yes. P. Boynton voted yes. A. Koenig voted yes. J. Simons voted yes. E.
Goldberg voted yes. The vote was 5-0, unanimous in favor.
Public Comment:
Barbara Suhr, 1.48 Main Street: There is a new state law that each town in MA has to have Mixed-Use?
I: CYoldbmerg: The law we are talking about is The Housing Choice Act is a new law enacted to spur high density
development(multi-family apartments). Part of that law calls out for different areas of the state; any MBTA
community oil the MBTA line(NA is identified as that)has to have a certain district with a certain level of by-
right,multi-fa►nnily units; this project has become part of this proposal. It can just be residential.
J. Simons: There are a lot of ways to accomplish this. Think about parcels in town that are already built. ,Possibly
we could tie this project to this Act.
E. Goldberg: It would take a deep dive to determine whether all existing project qualifies.
B. Suhr Say we go to'I"own Meeting and the town turns this project down? Confirmed that the town could try
agar in a few years,try another location, etc. Feels this is not the best location; it's too big for that at-ea.
Lynne Jackobek 105 Berkeley Rd.: When will we have the specifics?If we go to Town Meeting to accept or
reject this project,will we have in place the design of the stormwater, drainage and sewer system?By reading
everything, I felt it was more so we would approve it and then it would be designed? It's putting tine cart before tine
horse. How can we fully vote oil something when we really don't know the specifics and if it will work?Even tine
traffic studies, last meeting we found that 2 of the 4 measures that would be taken to improve the traffic conditions
were unfeasible.
We are left with the adaptable signals and relying on MA transit. I don't think people will give up their autonomy
and go to MA transit. All the peer review is hypothetical. For the record,I am against this pr►?icet.
E. Goldberg: It's a good question. Certain parts will be set heights, size of businesses, setbacks, building
locations.We are proposing stormwater to be reserved for technical reasons. We will address this.
J:ae ln#-aharro, 84 Woodstock IZd.: Concerned about the amount of stress this whole project puts on the town.
services, water usage,traffic. Each student represented in that range of numbers brings more than just that number
on a piece of paper. We ask a lot of our teachers already. Kindly ask for its to really dig into that data, hone i❑on
and get a good grasp of it.
6
Town of'North Andover
I'LANNING BOARD
Titrtrt Goldberg, Chair- ,70hil sillions
Peter Boynton i%/O///% '° •• .Kelly Cot,tttiet.
Alissa Koenig
Tuestlall December 7, 2021 (a7 7 p.nt., 120 M(tirt Street Town 11rtll,Nortlt Andover,MA 01845
E. Goldber : Eventually there will be public hearings. We will have the School Dept, come in, traffic we have
discussed a lot and we are awaiting a water capacity study.
Julie Bloise, I Oh,>3ei�keley W.: Inquired about the next meeting and whether this we all be addressed again`?
E. Goldberg: Confirmed next meeting is December 21, 2021. We will pick up with the bylaw,water capacity study
if that is available, stormwater and why that will be part of later discussion and address the Inclusionary Bylaw.
J. Enrijit: One resident comment came in over the weekend,which will be added to the December 21,2021
meeting packet.
ADJOURNMENT
MOTION: A. Koenig made a motion to adjourn the meeting. The motion was seconded by J. Simons. Roll call
j vote: K. Cormier voted yes. P. Boynton voted yes. J. Simons voted yes. E. Goldberg voted yes. A. Koenig voted
yes. The vote was 5-0, unanimous in favor. Meeting adjourned 8:50 p.m.
MEETING' MATERIALS: Planning Board Meeting Agenda December 7, 2021,DRAFT Planning Board
Meeting Minutes November 16,2021, Staff Ire rt: 211207 Staff Report; 174 Cotuit St.. Five C Construction Joe
Fisichelli: Pictures: Pic 1, Pic 2, Pie 3,Pic 4;llepartment Review; 211109 Conservation approval,211108 J.
Borgesi Approval, Eng Cert—As-Built Plan,Decision-Recorded;Evergreen.Estates,Albe>t Couillard,(D.E.C.M,.
Essex, Inca: Remaining bond funds, Bus Entity Summary,960816 Original RoadwayBond Paperwork,211130
Mary C. Bond Release Request,211130 Albert C. Bond.Release Request,211.110 Roland C. Bond Release
Request,211109 Treasurer"s account of interest,21.1109 T. Willet email RE Bond and Int. Funds;33 Appledore
Lane,.Sean & Lauren Delaney: Continuance Request;2i2 Brentwood Circle,John —�
hn&Michelle Ternullo,
Continuance Request;Loyal Crest Estates(1 &28 1yal Crest Drive ,Trinrty_Financial,Jim Keefe: Stormwater
Review,: 211201 VHB Response to IJW Peer Review Comments#2, 211201 I4W Resp final comments, —
211029_IIW 2"`'Peer Review Comments Royal Crest; School Enrollment Impact_Analysis: 211110 TBA NAPS
Enrollment Impact memo; Program Summary: 211020 Royal. Crest Pro ram Summary; Fiscal lmlgIct_Update:
2111.30 Fougere Peer Review Response Final, 211109 Barrett Peer Review Resp,21.0902 Fougere fiscal Impact
Update Memo;Draft Mixed Use Overlay District: 211207 Mixed Use Overlay Bylaw to Planning Board; Planninr~
Board: 210831 Clean Part 13 Inclusionary Housing Requirements SE.
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