HomeMy WebLinkAbout2022-01-04 Planning Board Minutes Town of North Andover
PLANNING BOARD
Eitan Goldbet�g, Chair. Joint Sinimis
Met-Boynton Kelly Cot liner
Alissa Koenig
Tuesrlay Jatttrtrt-y__9, 2022(a, 7 pxt., 120 Main Street TownHall,NorNi Atrdovet MA 01845
Attendance:
Present: E. Goldberg-Remote,J. Simons, P. Boynton-Remote, K. Cormier-Remote,A. Koenig-Remote
Absent:
Staff Present: J. Enright, Suzanne Egan, Town Counsel-Remote
E. Goldberg, Chairman: The Planning Board meeting for Tuesday, January 4, 2022 was called to order at 7 p.m.
(Read Governor's Order into the record. This meeting is considered a hybrid weeting,• both rentote and in I)ersoaa.
Votes will be recorded as roll call this evening.)
Pursuant to Chapter 20 of the Acts of 2021,this►meeting of the North Anlo ver Planning Boartl will be conducted in
person and via remote ineans, in accordance with applicable law.Spec ftc information and the genera/guidelines for
retttote pardeipation by mrenrbers of the public and/or parties;vith a right and/or requirement to attend this mreeting cam be
found on lire Towu's►vebsite,at ivivrv.itorthaudoi,errna.gov. For this meeting, in-person attendance of members of the
public and Board jnembers will be pertnilled. Members of the public ivlto wish to watch Cite meeting lire nuty do so on their
televisions by fartaing to Contcast Channel 8 or Verizon Channel26 or online at tvww.ttortltartrlover•catrt.org. Every effort
will be made to ensure that the public can adequately access the proceedings in real tune, via technological means. In the
event that we are unable to do so,despite best efforts, ive willpost on lire Town of North Andover►vebsite an audio or video
recording, transcript, or other contprehensh a record of proceedings as soon as possible after the Meeting.1f the public
would like to participate in public hearings,but not attend the meeting in person please entail your rluestionlcomment
prior to or during llte meeting to jettr'igltt()rortlttntdoverinti.got,. The question/conmttemt will lie r•erul rluj•i►tg the
proceedings and responded to accordingly.
LOT RELEASE
485 Wood Lane,Joe Lanuan: Request for lot release from the Form I Covenant.
J. Enright: This definitive subdivision divided 485 Wood Lane to create a new lot with an address of 17 Great Oak
Street. The single-family home and roadway are constructed. All required easement&maintenance documents
have been provided. The developer would like the Form J approved to release the lots from the Form I covenant.
Your packets include all related documents and photos of the stabilized site. Prior to a Certificate of Occupancy,
the developer is to provide an as-built plan to be reviewed by Planning Director and Town Engineer. (This is lot
72B shown on the plan).
MOTION: J. Simons made a motion to release the lot from the covenant-485 Wood Lane,North Andover,MA.
A. Koenig seconded the motion. Roll call vote: J. Simons voted yes. A. Koenig voted yes. K. Cormier voted yes.
P. Boynton voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor.
CONTINUED PUBLIC HEARINGS
33 Appledore Lane,Sean & Lauren Delaney: 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.
J. Enright: Proposed work is within the 325' Non-Discharge Buffer Zone to a wetland approx. 130'frotn the lot
(I 1 Appledore Ln.). Proposed stormwater management includes a system of 2 subsurface drywells designed to
capture drainage from the proposed additional impervious surface. Department review comments have been
received from NAFD, Building,Conservation; all comments have been addressed. The plan was revised to collect
stormwater runoff from all new impervious areas by relocating the trench drain to a lower elevation on the
driveway expansion and the drywell sizing increased to account for additional impervious area. The long-term
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Town of North Andover
PLANNING BOARD
Eitatt Goldberg, Chair •• Jol►►r Sit►to►ts
Peter Boy►ttott '. Kelly Coiwiier
Alissa Koenig
Tuesday Jativat p 4, 2022(&, 7 p.t►r., 120 Maim Sh-eet Town Hall,North Atulover,MA 01845
O&M plan has been revised and signed by the owner.The limit of work line matches the erosion control barrier
limit. A note was added to the erosion control detail to match the written description of the upkeep requirements.
A construction detail was added to the plan to provide the contractor guidance for installation. Soil stockpile area
is now shown on the plan. The town's peer reviewer has reviewed all revisions and the project engincei's response
comments. Her review has been satisfied. A draft decision has been provided for Board's review.
MOTION: J. Simons made a motion to close the public hearing for Watershed Special Permit,33 Appledore
Lane, Sean& Lauren Delaney,North Andover, MA, P. Boynton seconded the motion. Roll call vote: J. Simons
voted yes. A. Koenig voted yes. P. Boynton voted yes. K. Cormier voted yes. E. Goldberg voted yes. The vote was
5-0,unanimous in favor.
MOTION: J. Simons made a motion to approve the Watershed Special Permit for 33 Appledore Lane, Sean&
Lauren Delaney,North Andover,MA. K. Cormier seconded the motion. Roll call vote: J. Simons voted yes. A.
Koenig voted yes. P. Boynton voted yes. K. Cormier voted yes. E. Goldberg voted yes. The vote was 5-0,
unanimous in favor.
212 Brentwood Circle,John & Michelle Ternullo: 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 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 1 (R-1) zoning district.
J. Enri i: This I-acre site is fully located within the 325'Non-Discharge Buffer Zone from wetland located at 96
Brentwood Circle. Proposed stormwater management includes 2' deep river rock trenches surrounding proposed
impervious site improvements. Total of 1,352 SF of additional impervious area is proposed on site. An O&M plan
has been provided. Proposal includes cartridge-style filter system. Pool drawdown has been detailed on the plan.
Water pumped from pool is discharged to river rock drainage trench to promote recharge. Owner has shown
erosion control to be established in the work area and construction access points. Erosion control detail was
revised to show wood posts on the side of the barrier opposite the water flow. A construction detail was added to
provide the contractor guidance for installation. Limit of work disturbance line was revised to encompass all
proposed work areas. Proposed soil stockpile is shown.Tree protection detail was added to the plan and a note in
the area of the proposed shed that tree protection shall be provided if any work is close to a mature tree. Town's
peer reviewer has reviewed revisions and the project engineer's response comments. Her review has been
satisfied. A draft decision has been provided for Board's review.
J. Simons: What is Best Practice for the type of pool and maintenance of pools in the Watershed these days? Peter
has talked about where the problems exist for runoff in the watershed. Have we received any information specific
to pools relative to this issue?How many pools currently exist in the watershed?
J. Enright: The drawdown occurs once all chemicals are halted in the pool;that drawdown needs to be directed to
storm trench around the pool to infiltrate. The river rock has a repair and maintenance plan. Storage of all
chemicals is also of consideration. We do not have any information specific to how many pools exist in the
watershed. The Watershed Update Plan noted certain brooks and streams; one near the country club area, showed
higher levels, however not of known cause. We have gotten more stringent in recent years by requiring O&M
plans and requiring specific drawdown responsibilities. If this were within 100' it would have to go before the
ZBA for a new structure within the Non-Disturbance Zone.
P. Boynton: We know which streams have elevated levels of phosphorous and nitrogen,we don't know whether
pool drawdowns and chemicals found in a pool have any effect on exacerbating the runoff of substances that are of
concern to the Lake. For example, does the drawdown of a pool with chlorinated water have the effect of releasing
phosphorous or nitrogen that would otherwise be bound where it lies in the watershed?Is there a way for us to find
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Town of North Andover
PLANNING BOARD
Eitair Goldberg, Chair
- JONI Simms
Peter Boynton Kelly Cormier
Alissa Koenig
Tuesday JannarV 4, 2022(&, 7 p.m., 120 Main Street Towit Hall,North Andovef-, MA 01845
out if typical pool chemicals have those type of affects on releasing chemicals of concern into the lake as they are
drawn down and drained into the water table? I wonder if there is an opportunity to ask a qualified consultant in
this area if there is literature of typical pool chemicals releasing substances of concern into a drinking water
supply.
J. Enright: The drawdown calls for chemicals to be reduced to undetectable levels-less than .01 mg/l either by
eliminating chlorine usage for approximately 10 days to allow levels of chlorine to dissipate or by utilizing sodium
diphosphate or other pool de-chlorination chemicals approved by DEP for use in watershed areas.
J. Simons: Could we pose the question to Weston & Sampson,the consultant who recently did our water study, it
seems to fall within their scope of efforts?
J. Enright: Will look into it.
P. Boynton: Suggested signage at watershed protection district entry points as another means of communication to
alert landscapers in addition to postcard mailings?Perhaps roadway signs at critical areas of concern to be aware
of road salt, fertilizers, may include a phone number to call.
Board: The Chair send a request regarding signage to the Town Manager.
MOTION: J. Simons made a motion to close the public hearing for 212 Brentwood Circle,North Andover, MA.
P. Boynton seconded the motion. Roll call vote: J. Simons voted yes. A. Koenig voted yes. P. Boynton voted yes.
K. Cormier voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor.
MOTION: J. Simons made a motion to approve the Watershed Special Permit, as amended,for 212 Brentwood
Circle,North Andover, MA. K. Cormier seconded the motion. Roll call vote: J. Simons voted yes. A. Koenig
voted yes. P. Boynton voted yes. K. Cormier voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in
favor.
DISCUSSION:
Plannine Board: May 2022 Annual Town Meeting calendar
J.J. Enr�igh : Reviewed the dates for legal notice postings and zoning amendment public hearings. There is one more
Planning Board meeting on January 18,2022,ahead of the Legal Ad going to the Tribune.
Royal 0-est Estates I &28 Royal Crest Drive Trinily Financial Jim Keefe: Proposed Master
Redevelopment PIan for the property.
• Draft Mixed Use Overlay Bylaw—Part 8 and Part 9
• Comparable mixed-use parking requirements
• Follow-up outstanding traffic items
• Program Summary
J. Enright: Suzanne Egan,Town Counsel is present remotely to further review Articles 8 &9 of the draft Mixed
Use Overlay bylaw. Article 10 is standard language regarding severability.
S. Egan, Town Counsel: Provided review of the draft bylaw,Part 8 Project Plan Review process and Part 9
Decision on Application.Assuming the Master Development Plan is passed by Town Meeting, this zoning bylaw
sets up the criteria through which the property is developed. Reviewed pre-application and application processes,
peer review ability, public hearing process to ensure the plan is compliant with the Master Development Plan and
zoning bylaw, requirement for filing a decision, waiver provision, provisions for revisions to the Master
Development Plan, and approval proces. The last section is the Severability provision if one pant of the bylaw is
found to be not upheld the rest of the bylaw remains in effect.
J. Enriyht: The Program Summary has been carried over from prior meetings. At the last meeting there was a
request for a parking comparison to other mixed-use developments that have occurred in the area. The draft bylaw
3
Town of North Andover
PLANNING BOARD
Kitart Goldberg, Ctair John Simons
Peter Boynton Kelly Cormier
Alissa Koenig
Tuesday JartrrarV 4� 2022(u), 7 pxi., 120 Mairt Street Town Hall,North Andover,MA 01845
currently has outdated recommendations for parking: in the table provided the first column represents what is
currently carried in the draft, second column is existing zoning parking requirements, third is the existing OSGOD
parking requirements, and then the proposed Royal Crest. In stunmaEy, the proposed Royal Crest is somewhat
aligned with the requirement in the OSGOD bylaw. Dan Beckley has researched other mixed-use listed in the table
and he is attending the meeting remotely should you have any questions on the data. Each development is unique,
a true comparison is hard to find.
J. Simons: It is revealing when you compare how the size and square footage stack up against the other projects.
E. Goldberg: We'll come up with what we feel is the appropriate parking requirements for the bylaw, assuming
bylaw approval, and a provision whereby 3 years into the project we need to add more. Where parking locations
could be added or subtracted if that became an issue; our ratios need not necessarily be"exact".
J.Enright: Also, in the meeting packet are some responses to past inquiries. Previously, K. Cormier asked where
people go in North Andover,where they work,what their commutes are like? In our Master Plan we have a table
that shows 22%of our workers are employed in the town, 11.1%travel to Boston, 8.2%to Andover, 6.2%to
Lawrence, 3%to Methuen and 2.5%to Lowell and 381/4 other locations. J. Simons asked about Adaptive
Signalization and how that would play out with MassDOT's roadway improvement for Rt. 114. I have included an
email from the project engineer stating the Adaptive Signalization would be beneficial at the end of that project in
2027,after construction of utilities and roadway, etc. P. Boynton inquired about the intersections that don't
necessarily intersect along the corridor but rather cross the corridor of abut the corridor. The packet includes a
memo suggesting which intersections may be appropriate for this type of study. I consulted our peer reviewer who
suggests the proponent's consultant perform travel time runs back and forth along these routes during peak hours
while school is in session to establish a baseline condition. That model can be used to estimate the increased delay
that may be experienced; suggests minimum 5 travel time runs be completed which will give you an understanding
of the current conditions and subsequently,the post-Royal Crest conditions. This is specific to the Royal Crest
proposal not a town-wide study. Lastly, a scope of work for a town-wide traffic study is also included in the
meeting packet. This study is geared to look at the cumulative effect of recent growth and permitted growth that is
not yet constructed. This study is not specific to the Royal Crest redevelopment proposal.
E. Goldberg: Polled the Board about pursuing this information. What would be the timing of all of this?
P. Boynton: Clarified the 38% other locations for commuters includes cities and towns surrounding Boston,
Haverhill, Salem,NH, etc. It's useful information to know but if it's duplicative it's not worth doing.
J. Enright: If the Board is supportive of pursuing the town-wide study a funding estimate would need to be
obtained and reviewed by the Town Manager. This study would take several months and may not be completed
prior to Town Meeting.
E. Goldberu~: We can discuss that as a bigger picture item; we should move forward immediately with the
intersection study which will be useful for the public hearings.
K. Cormier: The bigger study is more comprehensive and will take more time. It will give more true data; focusing
on where the people of North Andover travel on a weekly basis throughout town.This is a key piece of data that
has been missing for people looking for a fact-based response but understands it is not likely something that can be
completed by May.
E. Goldberg: Let's try to move forward with both of those items.
E. Goldberg: Suggests a joint meeting toward the end of the process with the Select Board in advance of them
making their recommendation on warrant articles.
DISCUSSION:
Planning Board: Draft Inclusionary Zoning bylaw.
4
Town of North Andover
PLANNING BOARD
Eitrur Goldberg, Chai►- •- Jolnr Simons
Peter Boynton Kelly Cornt►er
Alissa Koe►tig
Tites(lay Jaiiiiary 4 2022 7 .►►►. 120 Main Street Town Hall No►•th A►rdover MA 01845
J. Enright: We do not have a revised draft yet for the Inclrsionary Zoning bylaw;we intend to incorporate edits
from the Chair of the Affordable Housing Trust. The request is to get confirmation from the Board as to whether
they are supportive of initiating a warrant article.
E. Goldberg: Will this be frilly ready and vetted by the time we go through public hearings?
J.J. Enright: Yes, we will have a very clean draft for the January 18,2022 meeting.
E. Goldberg: I am inclined to initiate this as a warrant article and snake our recommendation once we have had the
public hearing. Polled the Board.
J. Simons: Is there any empirical information about the success of these bylaws?
J. Enright: This is a good maintenance tool; some towns have had success some have not had any.
E. Goldberg: Anecdotally, it has helped especially when you have a payment in lieu,but it is more of a
maintenance tool and it's a good way to channel donations to the Affordable Housing Trust.
NEW PUBLIC HEARINGS
(E. Goldberg reacl the Governor's Order into the record.)
1274 Osgood Street(formerly 1210 Osgood Street),Forgetta„Development: Application for a Modification to
a previously approved Site Plan Review&Reduction in Parking Special Permit Modification under Article 8
Supplementary Regulations, Part 1 Off-Street Parking and Loading, Part 3 Site Plan Review 195-8.17 Revisions to
Approved Site Plans,and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. The Applicant
proposes to revise commercial uses, including replacing a drive-thru bank with a drive-thru coffee shop. The
project is located within the Business 2 (B2) Zoning District.
J. Enright: At the November 2,2021, meeting the applicant requested for this change to be considered an
Insubstantial Change to the prior approval. The Board was not in support of the request and advised the applicant
to apply for a Modification to the Site Plan Review and Parking Reduction special permit approval. A
supplemental traffic analysis to review trip projections and operating conditions for proposed changes was
submitted to the peer reviewer. The analysis provides trip generation information for the site as well as a review of
traffic operations during the critical weekday morning period. TEC's peer review comments are included in your
packet, the revised site plan proposes an overall slight decrease in impervious area and no change to the drainage
design. Reviewed the Department review comments received. There was one resident comment received and there
are two responses to that resident comment, one from the town's peer reviewer as well as the applicant. Read
resident comment and responses into the record as well as the two ernail responses to those comments.
J. Simons: This has been a good process;the applicant has done their due diligence. We should include a condition
in the decision that they have to take appropriate steps to make sure the lines don't back tip outside the property
and perhaps after 6 months we do a quick study to make sure that is the case. E. Goldberg agreed.
J.J. Er_tight: Princeton Properties put up bond funds, once Forgetta completes their commercial development,to
support a traffic study is expected within one year of the final Certificate of Occupancy. We can certainly add a
six-month queuing analysis to that.
K. Cormier: We need to recognize that this data from 2009/2012 is 10 years old. It's unrealistic, particularly if you
count cars at other Starbucks, it's a lot more than 13 which is unreasonable. We need a provision to cover what
could happen. I'm surprised there's no counts of Starbucks in the area. Expressed disappointment that there's not
more accurate tip to date data.
A. Koenig: I thought they were going to investigate the volume of traffic that's going through local Starbucks.
Scott Thornton, Vanasse&Associates: The earlier Starbucks application out Andover St. file was checked.
Timewise, we didn't think we could get data from an existing Starbucks in time. I don't believe the other
Starbucks collected any data; we didn't collect that data. The 10-year-old data is a bit of an issue, but the problem
5
Town of North Andover
PLANNING BOARD
Eitrrn Golrlberg, Clrcrir• John Simons
Peter Boynton ', Kelly Cormier
Alissa Koenig
Titesd(ty Janyary 4 2022 7 .m. 120 Main Street Torun Hall North Andover MA 01845
with collecting data now is that it represents a different condition. The pandemic has changed the operating
characteristics of these sites; we risk overcalculating. We prefer to develop the site as proposed and do a follow-up
monitoring study after it is built. Other mitigating measures proposed to deal with the draw off will help tninimize
drive through trips. Tile onus is on the property manager.
E. Goldberg: We will put the risk on the applicant and will identify in the permit the applicant will be responsible
for fixing any problems that arise. The decision should be the mechanism to test the situation, a monitoring
program with protective measures regarding enforcement of those changes.
J. Em fight: A draft decision will be prepared for the next meeting.
[Conlinued to the Jcommy 18,2022 Planning Bocn d ineetingJ
DISCUSSION ITEMS
21 Hi h Street Francis Yuen AvalonBav Communities Inc.: Insubstantial Change Request to allow for minor
design changes to the previously approved 4-story, 51-unit residential building in the East Mill section of High
Street along the Mill Pond. Proposed changes are related to unit mix,facade improvements, interior modifications
and some improvements to the parking lot. The project will retain the approved primacy features including the
total unit count, building footprint and gross square footage.
J. Enright: This is an approved project for a 51-unit residential development permitted in January 2018. It was then
brought under a Master Development Plan for Subdistrict A, March 2020. RCG owns the property,they had done
a subdivision to subdivide their property into three lots. The proposed 51-unit residential building was proposed on
Lot 2. AvalonBay has purchased Lot 2 and intends to carry out this project. They have submitted a request for an
Insubstantial Change which is detailed in their letter which involves facade changes. They appeared before the
Machine Shop Village for review and received a Certificate to Alter in December. Other changes involve a
parking lot improvement as well as same interior changes and a slight unit-mix. Francis Yuen,AvalonBay, is on
the call this evening to describe the Insubstantial Change request. I have prepared a draft decision if the Board is
willing to entertain that tonight after hearing the evidence.
Francis. Yuen Development Director,AvalonBay: I am joined this evening by Ed Bradford,AIA, TAT
Architects, and Phil Henry, Civil Design Associates. Described proposed request for Insubstantial Change
involving adjustments that align with AvalonBay specifications consistent with the s170 unit community across
the street at West Mill and that better respond to the current market demand.
P.P. He ,P.E.: Described minor changes to the parking area. Building does not change nor do the supporting
spaces leading to the building. What is proposed to change is a pedestrian access way from the parking area(above
near garage) leading to proposed Building 2. There is a sidewalk connection and an ADA ramp to the upper lot
and the lower lot. We removed the exterior refuse area, adding 1 parking space. The electrical service line is
proposed to connect onto High Street.
E. Bradford,AIA: Outlined proposed architectural changes. Reviewed approved v. proposed dimensional changes,
building footprint stays the same at 14,860 SF (4-story building stacked 4x=59,440 SF). Total number of units
remains at 51-€nits. There is a minor adjustment to tine unit-mix,total bedrooms are decreased by 4 and the total
number of 3-bcdroom units are decreased by 4. Proposing minor adjustment to building height just under 2 feet
increase in building height due to proposed adjustment in structural system and to provide 9 ft. ceiling heights
(45.7 ft to 47.6"). Focus of the changes are to comply with AvalonBay standards. Mechanical condensing units to
building rooftop(screened), Juliet balconies have been removed, more light into elevator lobbies.
J. Simons: The overall design results in improvement with these minor changes. I liked the process involving the
Machine Shop Village review. To some degree those types of issues are better addressed by a group focused o»
that issue exclusively. The outcome is very good,and you answered the mechanicals will be entirely screened.
6
Town of North Andover
PLANNING BOARD
Eitan Goldberg, ChairJohn Simons
Peter Boynton •" Kelly Cormier
Alissa Koenig
Trresday Janrrrrry 4, 2022[a�7p.n.,120 Main Street Town Hall, Nortli Andover, MA 0 45
K. Cormier: You have reduced the number of bedrooms; are any of the units considered affordable units?
F. Yuen: No,they are not; they are all market rate units.
R Boynton: Is there any notification of the abutters as to these changes?Communication is important and if not
communicated it can create perceptions that are unintended. Perhaps the applicant should take that on.
E. Goldbera:Not if we decal this an Insubstantial Change. We can certainly recommend the applicant send a letter
outlining constructioil pleasing, minor changes, parking, fagade changes,unit-mix reduction. Particularly with
regard to the neighbors on Water Street.
J. Enright: Machine Shop Village does have a notice requirement which I believe is for direct abutters only as
opposed to the 300 1 requirement for special permit.
MOTION: E. Goldberg made a motion to vote as to whether the Board agrees that this is an Insubstantial Change.
Roll call vote: J. Simons voted yes. K. Cormier voted yes. P. Boynton voted yes. A. Koenig voted yes. E.
Goldberg voted yes. The vote was 5-0, unanimous in favor. This is approved as an Insubstantial Change.
J. Enria,ht: Would the Board Iike to entertain a draft decision?Tile packet includes a deed as evidence AvalonBay
has purchased this Lot.
E. Goldbera: Yes. Board reviewed draft decision.
MOTION: J. Simons made a motion to approve the Notice of Decision Insubstantial Change for AvalonBay. A.
Koenig seconded the motion. Roll call vote: J. Simons voted yes. A. Koenig voted yes. K. Cormier voted yes. P.
Boynton voted yes. E. Goldberg voted yes.The vote was 5-0, unanimous ill favor.
21 High Streetpermit extension Francis Yuen AvalouBa-y Communities,Inc.: Request for confirmation of
special permit expiration date of June 15, 2023, under the terms of the Tolling Act or request for extension of the
special permit to June 15,2023.
E. Goldbera: I would rattler extend the permit if there's any issues. I don't feel it's up to its to decide whether
something is tolled or not. If we decided it one way or the other, if someone disagreed, our decision doesn't mean
anything. Confirmed the permit is due to expire March 10,2022.
MOTION: J. Simons made a motion to extend tile expiration date of the Special Permit for 21 High St. to March
20, 2023. K. Cormier seconded the motion. Roll call vote: J. Simons voted yes. K. Cormier voted yes. A. Koenig
voted yes. P. Boynton voted yes. E. Goldberg voted yes. Tile vote was 5-0, unanimous in favor.
Planning Board: Water Demand Evaluation
J.Enriaht: Tara McManus, Weston & Sampson, has provided a detailed report. As a reminder, there was concern
expressed about the cumulative effect of recent development in the town and the capacity of Lake Cochichewick,
our sole source of drinking water supply. The Town Manager agreed to hire a consultant to evaluate water demand
that takes into consideration current usage as well as permitted projects not yet constructed such as AvalonBay,
MINCO, and the East Mill as well as the commercial permitted developments not yet constructed such as the
Signature Commons,the 90,000 SF storage facility recently permitted and the redevelopment of the Ethan Allen
lot.
E. Goldberg: I want the Board's input. I am curious about a certain property and the lake, depending on what
happens with that property,the lake could go up a foot,which is worth exploring. Previously,we had discussions
about other substances getting into the lake, where water is lost. I didn't get a sense of the conclusion.
J. Simons: I believe the average daily yield permit is for approx. 4.4 million, but when you looked at the data by
month over the course of the year, it peaks at a higher level than that during the summer. How high can the peak
load go at certain times of the year,and could you reach a restraint on that?In looking at the average across the
year,you could have problems if you don't look at the peaks and valleys. What happens in a drought situation?
7
Town of North Andover
PLANNING BOARD
Eita►t Goldberg, Chair � �• John Sr►►rows
Peter Boynton
Cormier
Alissa Koenig
Tuesday Jttnuar p 4 2022(& 7 .m. 120 Main Street Town Htrll North Andover MA 01845
Would that lower the supply to a lower level than what we have especially during the summertime?If the demand
for water goes up and the supply goes down, might you have a problem?The report didn't seem to answer that. If
we have a permit for 4.4 and that's an average, what is the peak that we could draw before running into a problem?
How close are we to our capacity limits?
Tara McManus, Weston & Sampson: The 4.4 million is a running daily average, historic numbers provided in the
report are clear there is capacity there. Questions regarding peaks and valleys and drought scenario,there is a 2016
specific information provided during the full year that you can compare the drought against the actual usage.The
data specific to 2016 is on the page 4 ; we have wanted to chart the rainfall as well. Summer months increase
water withdrawal and there is a water quality concern. In discussions with the Water Dept. there hasn't been any
concerns when we have hit peaks daily or months. 2016 and 2020 were big peak day years for greater withdrawal
There hasn't been any concern on that level and there has been plenty of water. Under maximum dernand
scenarios you have concerns,however the point of this study was to look at your projected plan and development.
It appears to be less than 4%of an increase and that 4% is minor compared to your withdrawal even during a
drought and during the Covid semi-drought conditions witnessed this past year.
E. Goldberg: There was a note in the report as to a way to raise the water level by a foot?
T. McManus: There was discussion with the DPW that there is a structure located in the take(400 Great Pond
Road);the property is abutting the lake. The water level is kept lower on purpose so that it hasn't inundated that
land area, building and structure. There was discussion of whether it is feasible and that Would relate to the
removal or relocation of those existing structures at that property. Other concerns then present themselves,when
you raise the level what else becomes impacted and there might be more fundamental review of the darn itself that
is impounding the lake. The concern is whether that is a property that for watershed protection would be beneficial
to purchase and/or adjust the location of the structures to allow for a potential increase; a foot is a significant
amount of water in that area. That would be a modification to the impoundment area as well as the yield for the
reservoir and potential increase in your withdrawal. That would occur through permitting which requires more
engineering review.
E. Goldber>1: You looked at different usages over different times. I wonder whether we had any water restrictions
in North Andover during those time periods?Other towns have had restrictions on watering; when lawns could be
tended to. Was that looked at as part of the study?
T. McManus: That is one of the bullet items of reviewing the bylaws and policies of when a water use restriction
could be implemented. There are many ways to conserve water; I'm a proponent of water conservation and
protecting watershed. Reduction in residential usage, during Covi-19 showed a higher situation of usage during
summer months;everyone is home tending to their lawns and gardens. That's one of those cases of whether
mandatory or voluntary to discuss methods. DEP restricts watersheds based on drought conditions; it hasn't
occurred in a few years in the area.
K. Cormier: In reviewing the demand; the breakdown of customer usage by type and demand on the water, it's
showing big drops around 2018, industrial was using 931ngy and in 2019 it drops to 28?Do we know the reason
for that drastic change/drop?
T. McManus: We could not individualize accounts. We used basic data sets and annual statistics reports provided
to MA DEP. Specific industrial usage could have gone off-line and come back on. Majority of your water usage is
residential,there was a significant increase during drought years and Covid-19; you have control over that.
E. Goldberg: Are there statistics regarding how much of that is irrigation v.pools v. home use?
T. McManus: You look at your winter usage or possibly before the pool season(March/April usage)or a (October
usage v. Junc/July/August usage). More information needs to be gleaned out of the billing software. We would
work with the Water Department on how to use that data more effectively. It may require special software be
8
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Otair •• John Sirnorts
Peter Boyrttort =•, Kelly Cormier.
Alissa Koenig
Dies(laV Jailitarp 4 2022 0(, 7 wn. 120 Mrtirt Street Town Hall Nortlt Andover MA 01845
added to for more granular data. We have monthly data,you trend from the pumped usage out of the lake which is
more of an irrigation issue; Covid greatly affected these numbers. Lawn irrigation systems are the generators.
Pools are filled once a season and added to as water evaporates and rainwater refills pools. Lawns and land per
capita are the larger portion of North Andover as compared to a city with smaller land acreage.
K. Cormier: We have separate irrigation meters; residential is water& sewage which might help us figure out
irrigation for watering lawns and pools v. what is used for flushing toilets. On the supply side some of the other
reports showed rainfall changes over a year. What predictions do you use in terms of future supply of rainwater? Is
this considered? It seems the missing piece is supply and demand.
T. McManus: Some have the deduct meters;you must do an individual account analysis which is difficult for the
Water-Dept. to pull that data. In terms of supply,there are models we can project for rainfall and water predicted
usage. Weston& Sampson has that capability. Planning and DPW may want to work together on that. We took
straight data; this is considered an initial study and made recommendations. Forecasting takes the data to the next
step. This exercise compiles the data into one report to start the discussion about potential issues if there are
methods for mitigation. Your watershed protection plan is more about protection of water quality and supply. This
is a review of current usage demands and future demands,your population demands with growth and development
and whether you are seeing a correlation that meets or exceeds your permanent withdrawal rate. We are not seeing
that; next steps would be to analyze extreme drought and what happens in worst case scenarios. People need to be
made aware of irrigation usage and staggering the timing of that.
K. Cormier: The report states, "The town's annual average withdraws below the WMA permitted limit and
projected to stay below that limit for the next 15 years", is that because the study only considers 15 years or
because we have a problem at year 16?
T. McManus: The report is through 2034;the water management pert-nit has a 20-year renewal. Renewal is coming
up within the next year. There will be renewal for the permit. The renewal process has been delayed across the
state. When you receive your renewal, it will be good for 14 years once that process happens.
P. Boynton: Regarding formatting,the Royal Crest Development is not an approved project yet and it is not a
known development; it may not occur. This report should not be portraying Royal Crest as an approved
development; it should be asterisked, noted as proposed only. Agreed, it is part of an estimated future demand
because it is a potential future development. Half of the 16 conclusions and recommendations relate in some way
to steps that could or should be taken to conserve water. Is that because you are emphasizing this as a good
practice or because the analysis of future use will depend on improved conservation efforts?
T. McManus: Conservation should be the focus; Lake Cochichewick is your sole source of drinking water supply.
If you choose to request a withdrawal rate from the lake, DEP requires you to implement more conservation
measures. Other standards such as BMP's are incorporated in planning and development; future build out. The
state is attempting to make greater strides in using less water, how to recharge the watershed in the process.
Stormwater Best Management practices, infiltration and reducing water coming out of the ground and going into
your sewer system and being treated that way; many communities are looking at this. They are required to by the
state to even use if they are over their permitted withdrawal and to follow more stringent measures. The new
permit will likely have some included.
P. Boynton: The projected water use does not require these conservation treasures, or if you don't achieve these
conservation measures,your projected water use does not work?
T. McManus: Based on the numbers, it does not seem there's a concern in the next 10+years of going over your
permit withdrawal. That doesn't mean that there are other factors that might not come into play. Your permit
renewal may have requirements that indicate more stringent measures over the permit duration you'll need to
implement. Communities are taking a stand on improving new development making sure it follows state standards.
9
To;vn of Nor 1h Andover"
PLANNING BOARD
Eitan Goldberg, Chair •- John Simms
Peter-Boyntoyr ri•, Kelly Cor•mier-
Alissa.Koenig
Tuesday Januai-y 4 2022 L 7 .nt. 120 Main Sheet Town Hall North Atadover, MA 01845
E. Goldberg: The study suggests we are not in any danger. There are practices and questions we should continue to
ask and push for. It shouldn't take a crisis for us to help with these things if they will help us. I am interested in
where we go from here and how we continue to make progress in conserving and keeping our water supply safe
and abundant prior to a crisis point, droughts,continued large changes in demographics, etc.
P. Boynton: Half the recommendations refer to room for improvement with best practices related to water
conservation. We have a single point of failure with respect to our water supply as being a sole source, particularly
if you compare us to Burlington,MA,who experienced high sodium and PFA levels. They embarked on
connecting to MWRA as a result. They're required to do that now which is an expensive step and paying those
rates forever. Geographically, I don't know if that is an option for North Andover. This report notes emergency
connections to other water supplies namely, Lawrence and Andover, and those emergency connections are not
operational.
J. Enright: Jim Stanford, DPW Director, spearheaded and oversaw this study;the report will go to Jim and the
Water Treatment Plant. A draft has been sent to the Town Manager. Once it is revised to account for Peter's
comments, final product will be circulated.
E. Goldberg: We should revisit this in summer or fall to see which steps have been taken. We may not have the
executive capacity to make solve of these things happen, but should keep asking the questions.
P. Boynton: DPW has appeared regularly before the Planning Board to update us on things that relate to our work.
It would be helpful to hear their recommendations and comments related to this study.
J. Enriizht: Read resident comment received this evening, from Andrea O'Donnell, into the record: "If North
Andover were to request an increase in our current permit when we renew,we'd be required to implement some
conservation. Is this a question, because there is some indication that NA needs an increase or should request all
increase?"
T. McManus: It needs to be evaluated; it's a lot of work to do an increase, but if there is a significant plan
development for increasing the withdrawal or usage,there is a potential you can do that. The DPW and Water
Department could evaluate.This study looked at the actual demands. If you add more water the next step is
looking at whether the infrastructure can support that. That's where you get into improving water mains in the
streets with larger developments. When you go through a permit process, DEP will require you to follow all
current and future permit requirements. The Water Management Act is stringent on conservation. Currently there
are statistics that comply roughly with the 65 gallons per capita a day and the l 0% unaccounted for water. Many
communities are showing significant increases;most communities during Covid are nowhere near the residential
gallons per capita at 65. It was not surprising to see North Andover levels raised for this year. Those are
performance standards that DEP reviews. The fundamental item most water systems implement is a ban on water
use during drought or low flow conditions. Your Lake Management Plan indicates when certain drought levels hit;
that's when measures are implemented. We did not review the firm yield in key detail,which involves a lot of
engineering. Over the next 10-15 years you are projecting 4% growth for development and a 6% population
increase which is not a significant difference between your current usage and your allowable withdrawal rate. I
don't foresee any current Concerns.
MEETING MINUTES:
MOTION: P. Boynton made a motion to approve the December 21,2021 meeting minutes. K. Cormier seconded.
Roll call vote: J. Simons voted yes. A. Koenig voted yes. K. Cormier voted yes. P. Boynton voted yes. E.
Goldberg voted yes. The vote was 5-0, unanimous in favor.
ADJOURNMENT
10
Torun of North Andover
PLANNING BOARD
Eitan Goldberg, Chair •• John Si►sro►ts
Pete► Boynton Kelly Co►•nrie►•
Alissa Koenig
Tnesrlrr Jaimai-p 4 2022 7 P.m 120 Main Street Town Hall Nor71r Andover MA 01845
MOTION: P. Boynton trade a motion to adjourn the meeting. The motion was seconded by A. Koenig. Roll call
vote: J. Simons voted yes. A. Koenig voted yes. K. Cormier voted yes. P. Boynton voted yes. E. Goldberg voted
yes. The vote was 5-0, unanimous in favor. Meeting adjourned @ 9:26 p.m.
MEETING MATERIALS: Planning Board Meeting Agenda January 4,2022, DRAFT Planning Board Meeting Minutes
December 21,2021; Staff Report: 220104 Staff Report; 485 Wood Lane,Joe Lannan: Pictures: IMG-3170, IMG-3173,
211223 Eng Cert Letter,Deed-Lot 7213,Form J Lot Release-Lot 72B, Recorded Decision,Recorded Plans##18070;33
Appledore Lane Sean & Lauren Delaney: O&M Plan: 211208 Signed O&M,211228 Signed O&M plan,Plan Update:
211228 Site Plan 33 appledore,211207 Site Plan 33 appledore,Stormwater Review: 211208 Signed Response Letter 33
Appledore lane,211216 211d HW Peer Review Letter,211228 Signed Response Letter-33 Appledore,211229 HW 31 Peer
Rev Resp_33 Appledore-final,220104 Draft Decision WSP-33 Appledore;212 Brentwood Circle John& Michelle
Ternullo: O&M Plan: 211208 Signed O&M,211227 Signed O&M, Plan Udpate: 212 Brentwood Circle Site
Plan 12062021,211226 Site Plan 212_Brentwood Circle,Stormwater Review: 212 Brentwood—Response Letter-12072021,
211216 H W 2"d Peer Review Letter-212 Brentwood,211227 Response Letter 212 Brenrivood Circle,211229 H W 31 Peer
Rev Resp 212 Brentwood-final,220104 Draft 212 Brentwood Circle-WSP; 1274 Osgood Street(formerly 1210 Osgood
Street), For•getta Development: Application:>�ication: 9074 R. Bohlen 112921,22448 Site Plan R9,211028 PB cover letter—insub
change req,Modification applications, Department Review:211206 NAPD Conninent,211222 Conservation Continent,
211222 Resp to Cons Comment,211230 NA1=D Comment,Resident Comrnennt:211230 Resident Continent---Strauss,
Traffic Review: 211215 TEC_Traffic Peer Review,211230 VAI Resp to Peer Review,220103 TEC Traffic Peer Review 2,
220104 Applicant resp to Resident Comment,220104 TEC resp to queue analysis,211229 Dese of Site Plan changes,211229
g p y s hs#aul Change: Decisions:
Rev. Site Plan signed,211229 Rev. Swept Path Analysis,Elevations;21_High Street-Insubstantial.
�1, , ,,,.,,,,•,_
1 80 1 1 6-2 1 High Street-RCG--Final Decision,20181113 21 High Street—Decision Insubstantial Change, Recorded Decision
East Mill, Definitive Master Plan SP,Request for Insubstantial Change: 211228 Insubstantial Change-Avalon NA 11(65
High),220104 Draft Decision-Insubstantial Change AB,220104 Avalon NA-East Mill Planning Bd Exhibits,220104 REV
Avalon North Andover-East Mill Planning Bd Exhibits,AVB NA Please 2_Deed(East Mill Subdivision)_Lot 2;.21 High
Street, Permit Extension:211228 Permit Extension-Avalon NA 11(65 High);Royal Crest Estates I &28 Royal Crest
Drive,Trinitv Financial,Jinn Keefe: Comparison Parking Ratios: 210916 Proposed Parking Req vs Zoning Bylaw,
220104 Mixed Use Parking Ratios,220104 REV Mixed Use Parking Ratios TFI,Draft Mixed Use Overlay District:211221
Mixed Overlay to Planning Board, PrOQram Summary:211020 Royal Crest Program Summary,Traffic Follow-up_Iterns:
211 120 lmplernentation Adaptive Signalization, Place of Work—NA residents,Resp to Board inquiries; Planning Boni*
ATM Zoning Amendment Calendar,Planning Board:211230 Water Demand Evaluation Final to Town,220104 Resident
Cornnnent--O'Donnell,Planning Board Mtg-Presentation 01.04.22;Planning Board: Draft Scope of Services,Planning
Board: (no exhibit).
I1