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Home My WebLink About2022-10-11 Planning Board Minutes Il�l•Za2� Town of North Andover PLANNING BOARD Eitan Goldberg, Chair • • Sean I�evlahan ` ��" � IfeICy Cor•nrier Peter Boynton Alissa Koenig John Simons ' Triesrlay October 11, 2022((D, 7P.in., School Administration Building, 566 Main Street, Nor•tlt Andover•, MA 01845 1 2 Present/Planning Board: E. Goldberg, P. Boynton, J. Simons-Remote,A. Koenig-Remote, K. Cormier-Remote 3 Absent: S. Kevlahan,Assoc. 4 Staff Present: J. Enright 5 6 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, October 11, 2022,was called to order at 7 p.m. 7 (Read Governor's Order into the record. This meeting is considered a hybrid meeting; both remote and in-person. 8 votes will be recorded as roll call this evening) 9 10 Pursuant to Chapter 107 of the Acts of 2022, this ineetirrg of the.North Andover Planning Board will be I conducted in person and via remote means, in accordance with applicable law. Specific information and the 12 general guidelines for remote participation by nrentbers of the public and/or parties with a right anrUor 13 r•egrtirentent io attend this rrreeting crtrt be found on the Town's website, at rvtr,w.nortlrrrnrlover rrt(r.gov. For this 14 meeting, in-person attendance of members of the priblic and Board nternbers will be perrrtitted Members of the 15 public who wish to watch the nteef rg live may do so oil their televisions by tuning to Contcast Channel 8 or 16 Ver•izon Channel 26 or online at wit)w.norfhandovercant.org. Every effort will be made to ensure that file public 17 cart adequately access the proceedings in real time, via technological means. Ili the event that we are tillable to 18 do so, despite Best efforts, we will post oil the Town of North Andover website all audio or video recording, 19 transcript, or other comprehensive record of proceedings as soon as possible after the nteetirrg If the public 20 would like to participate in ptih/le bearings, hilt not attend the rrreeting in person please email your 21 questionleonrmentprior to or during the rrreeting toiertiighl(r)lt0r'tfllirt(lot�er'f11a.£'o) The questionleonnttenf will 22 be read during the proceedings all responded to accordingly. 23 24 J.J. E►lriglit: Attendance: E. Goldberg-present, P. Boynton-present,J. Simons-(rcmote)present, A. Koenig-(remote) 25 present,K, Cormier-(reniote)present. 26 27 BOND RELEASE REQUEST 28 137 Andover Street,The Trustees of Reservations: (K. Cormier►'lensed)Request for release of a $10,000 29 performance bond,which was posted to ensure construction erosion control, and measures, and performance of 30 any other condition contained within the decision will take place in accordance with the plans and to ensure an as- 31 built plan will be submitted. 32 J. Enright: Site Plan Approval allowed for the repurposing of an existing 24' x 60 `shed to become a visitor 33 Center, parking for 61 cars and landscaping. The previously submitted operations report, construction record plan 34 and engineer certification letter are included in the packet. At the July 19,2022, Planning Board meeting,the 35 applicant submitted the required Operations report,requested a waiver of the required photometric plan, and 36 requested release of the performance bond. John Simons expressed concern at this meeting regarding visibility of 37 parked cars while driving along Andover St. suggesting a low hedge to buffer the cars as a reasonable and 38 appropriate solution under the Special Permit. The Board did not waive the photometric plan and felt additional 39 photos 6 months apart would be lielpfid. In mid-August, J. Simons, E. Goldberg, J. Enright and the TTOR team 40 walked the property to a better idea of I Simons suggestions and review additional installed plantings. 41 J. Simons: Stated he was favorably impressed on site by the arnount of work, thought and screening that they put 42 into this. Expressed support for bond release. 1 Town of North Andover PLANNING BOARD Eitmt Golrlherg, ChairSean Kevlahan • ,' n I{elly Cortttier Peter Boynton • John Sitrtons Alissa Koenig Tuesday Octoher II, 2022 a, 7 p.tn., School AJntirtistt•ation Building,_566 Main Street, North An(lover, MA 0.1845 43 Jared Bowers, Property Director Stevens Coolidge Estate: Reviewed 4 photos; plantings at the end of Wood Ln., 44 additional plantings &trees to screen parking from along Andover St., showed schematic plan.to plant more and 45 screening of HVAC building system with natural wood. 46 J. Enright: Read into the record that public comment,which was received via email this evening from abutter 47 Kelly Cormier,169 Andover Street, requesting the bond not be released as all the same issues still exist as stated in 48 her previous cmails dated July 19,2022 & December 12,2021. 49 E. Goldberg: The bond release deals mostly with the screening,there was a request to waive the lighting which we 50 denied. We will get those results later at the appropriate time. We'll vote on the bond release and continue to work 51 with the abutters. 52 J. Bowers: Informed the Board the photometric analysis is in the meeting packet. 53 MOTION: J. Simons made a motion to release the$1 OK performance bond. P. Boynton seconded the motion. 54 Roll call vote: J. Simons voted yes (remote).A. Koenig voted yes(remotc). P. Boynton voted yes. E. Goldberg 55 voted yes. The vote was 4-0, unanimous in favor. 56 57 ANR PLAN: 58 327 Salem Street: Application to divide 327 Salem Street into two lots. Tire property is located within the 59 Residential 3 zoning district and Watershed Protection District. 60 J.Enright: This is an ANR to divide the property into 2 separate lots the proposed plan meets minimum lot area, 61 minimum frontage and has access to that frontage. Included in the meeting packet is the ANR Plan endorsed in 62 1981, but never recorded. Since then, the bylaw was amended to include a provision for Contiguous Buildable 63 Area(CBA). The Subdivision Rules& Regulations now specify the contents of an ANR Plan should include the 64 CBA for each lot. The Building Commissioner interprets this zoning bylaw provision to mean that the land area 65 within the buffer zones to the wetlands should not be included in the 75% CBA requirement. The proposed ANR 66 Plan does not exclude the land area within 100' of the identified wetland, and therefore shows the CBA as 100% 67 for both new parcels. As always, there is a required statement, "The Planning Board's Endorsement of the Plan 68 Not Requiring Approval Under the Subdivision Control Law is Not a Determination as to Conformance with tle 69 Town of North Andover Zoning Bylaw". Atty. Don Borenstein is here to represent the homeowners. 70 Don Borenstein,Atty.,Johnson &Borenstein.,L L C: We are here seeking ANR endorsement. We understand the 71 concern form the Building Commissioner regarding CBA compliance, but we are expecting the ANR Plan to be 72 endorsed with the note or condition that its not signifying compliance with the CBA requirement; we will ask for 73 the Board's endorsement with that notation however we will have to visit with the Building Commissioner in the 74 future. 75 J. Enright: Recommends that the reference to CBA equal 100 % on each of these lots be removed with a note 76 added specifying the CBA has not been determined. 77 E. Goldberg: Reviewed tine ANR which meets the state requirements. The issue is Subdivision Rules & 78 Regulations specifies 75%CBA. It meets the definition of an ANR, however the CBA note needs to be removed 79 because it doesn't meet it here. 80 J. Simons: Questioned whether the wetlands are on the property. 81 J. Enright: No,they are not;the Building Commissioner has determined that the 100' mark area be excluded fi•orn 82 the required 75% CBA. If he maintains that determination, relief can be granted by the ZBA. Permitting would be 83 required with the Conservation Commission if any work is proposed within that 100' area. 2 Town of North Andover PLANNING BOARD ldrg, a Chir P Sean ICevlaltrrrt Eitan Gobe • I(elly Carntier eter Boynton • John Sintotas Alissa Koenig Tuesday Octo_G_et,11, 2022 of, 7 p.nt., Sehool Administration Brtildin);, 566 Main Street,North Anrlovet-, MA 01845 84 E. Goldberg: The CBA reference is removed for both lots 1 &2 and a note is added stating CBA is yet to be 85 determined, including the notation that we are not in conformance with Zoning,we can approve the ANR and get 86 it moving along. 87 P. Boynton: Confirmed this is in the Watershed Protection District. It is approximately 3,33' from the lake, but it's 88 only 900 ft. from a stream that drains directly into the lake. 89 J. Enright: Confirmed the wetland shown is in the Watershed Protection District and even if there is no work 90 within 100' they will still have to permit within 400' of that wetland through the Watershed permitting process for 91 work proposed within the Non-Discharge Zone. Each of these lots become brand new effective the day of 92 recording and they are held to the bylaw related to post October of 1994, which is more stringent than the lot as it 93 exists today. 94 MOTION: J. Simons made a motion to allow the Planner to approve& sign the ANR, once the CBA 100% 95 notations are removed and a note is added that the CBA is to be determined. K. Cormier seconded the motion. Roll 96 call vote: K. Cormier yes(remote). A. Koenig voted yes (remote). J. Simons voted yes(remote). P. Boynton voted 97 yes. E. Goldberg voted yes.The vote was 5-0, unanimous in favor. 98 99 DISCUSSION.ITEMS 100 2023 Planning Board ineetina schedule 101 J. Enriyht: Presented 2023 Planning Board meeting calendar. We tried to stay with first and third Tuesday 102 however considering school vacations,holidays, etc. some meetings slide to the 2°' and 41"Tuesday.No meeting is 103 proposed during National Night Out in August so that the Board may attend that community event. 104 MOTION: P. Boynton made a motion to adopt the 2023 Planning Board Schedule, as presented. K. Cormier 105 seconded the motion. Roll call vote: K. Cormier voted yes (remote).A. Koenig voted yes(remote). J. Simons 106 voted yes(remote). P. Boynton voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor. 107 108 MEETING MINUTES: Approval of the September 20, 2022, Meeting minutes. 109 P. Boynton made a motion to approve the September 20, 2022,Meeting minutes. A. Koenig seconded the motion. 110 Roll call vote: K. Cormier voted yes (remote). A. Koenig voted yes(remote). J. Simons voted yes(remote). P. 111 Boynton voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor. 112 113 P. Boynton: Provided an overview of Lake Cleanup Day. There were approximately 600 lbs. of trash collected. 114 Compared to 5-6 years ago,the volume of trash is markedly less. We need to keep at this, but the overall level is 115 lower. The earlier date was successful and the lower level of water in the lake allowed us to see the trash in the 116 mud along the exposed shoreline,which was not obscured by the leaves. Majority of trash appears to be coming 117 from fishermen which is ironic because it's our drinking water. These items (Styrofoam containers, fishing line, 118 plastic drinking cups) erode and get into the water as rnicroplastics, which is bad for all of us. Board noted 119 possibly involving the schools in an annual "celebration of the lake"with a no litter campaign; perhaps this can be 120 incorporated into their recycling program as an educational experience. 121 122 ADJOURNMENT 123 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by K. Cormier. Roll call 124 vote: K. Cormier voted yes (remote). A. Koenig voted yes(remote). J. Simons voted yes(rot-note).P. Boynton 125 voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor. Meeting adjourned rr 7:45 p.m. 126 3 Town of North Andover PLANNING BOARD Eitan Goldberg, Chair ►: n! Sears Kevlaltart Peter 13ayrttorr 5E w6 Eelly Cormier John Simons Alissa Koenig Tuesday October 11 2022 7 .m. School Administration Brdldinq, 566Main Street North Andover MA 01845 127 MEETING MATERIALS:Planning Board Meeting Agenda October 11,2022,DRAFT Planning Board Meeting Minutes 128 September 20,2022;Staff Report: 221011 Staff Report; 137 Andover Street: Add'I Pictures: Gateway Screening,HVAC 129 Screen A, Screening from Andover St., Wood Lane Extension Plantings C,Decision:20200107 Decision-Trustees of 130 Reservations-SPR-137 Andover Street&0 Chickering Road(Part I of 2),Eng Cert--As-Built Plan:211102 As-Built Plan 131 CRD,01-11 As-Built Letter 5-3-2021,220712 Operations Report,220912 Stevens-Coolidge Photometric Plan,Public 132 Comment:221011 Abutter Comment- Cormier;327 Salem Street: 1981 Endorsed ANR: 1981 ANR Plan,ANR Application, 133 220930 Form A application,ANR Plan—327 Salem Street Stamped;2023 Plannlna Board meeting,schedule: 221011 134 DRAFT 2023 PB Meeting Calendar. 4