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Home My WebLink About2022-11-15 Planning Board MInutes Town of North Andover /z16• Za�Z PLANNING BOARD Eitart Goldberg, Chair � � Sears Kevltdtart Peter Boynton � •� Kelly Cormier John Shnorts Alissa.Koenig Tuesday November 15, 2022 cr 7 p,.-m, 120 Main Street Town Hall,North An(loyer, M4 0I845 2 Present/Pla.n.ning B�: E. Goldberg, J. Simons, A. Koenig,P. Boynton-Remote, S. Kevlahan, Assoc. 3 Absent: K. Cormier 4 Staff Present: J. Enright 5 6 E. Goldberg, Chairman: The Planting Board meeting for Tuesday,November 15, 2022,was called to order at 7 7 p.m. (Read Governor's Order into the record. This meeting is considered a hybrid meeting; both remote and in- 8 person, votes will be recorded as roll call this evening.)Public hearings have been continued to December 6, 2022. 9 10 J. Enright: Attendance: A.Koenig-present, S. Kevlalian-Assoc.-present,E. GoIdberg-p€resent, J. Simons-present,P. 11 Boynton-(remote) present-(arrived at 7:20 pan.),K. Cormier-absent. 12 13 Pursuant to Chapter 107 of the Acts of 2022, this meeting of the North Andover Planning Board will he 14 conducted in person and via rewrote rrreans, in accordance with applicable law. Specific information and the 15 general guidelines for remote participation by members of the public andlor parties with a right anellor 16 requirement to attend this meeting can be found on the Towns website, at wwip.rror°tltart(lovernta.gov. For this 17 wteeting, in person attendance of rnentbers of the public and Board members will be permitted Members of the 18 public who wish to watch the rneefing live may do so on their televisions by tuning to Comeast Channel 8 or 19 Verizon Channel26 or online at€vtv)v.rtortltarrrlovercawr.org. Every effort will be made to ensure that the public 20 can adequately access the proceedings in real fine, via technological means. In the event that xve are unable to 21 do so, despite best efforts, we will post on the Town of'North Andover website an audio or video recording, 22 transcript, or other comprehensive record of proceedings as soon as possible after the wteeting. If the public .23 would like to participate in public hearings, but not attend the sheeting in-person please entail your 24 quesfion1comment prior to or during the meeting to,ie►bight[r�jrorthrrrtrloverrrta.,,ov. The guestionleomment will 25 be read during the proceedings and responded to accordingly. 26 27 BOND RELEASE 28 1725 Turnpike Street,A.L.,Prime Energy: Request for release of$10,000 performance bond associated with a 29 June 4, 2019 site plan review special permit to allow for the replacement of the existing convenience store with a 30 newly constructed, relocated 1,605 SF building and expansion of the associated canopy with associated 31 landscaping, parking space, stormwater management facilities,and signage. 32 J. Enright: The Decision conditioned photographic evidence 6 mos.— I year from the time of occupancy while 33 foliage is down to ensure sufficient screening is sufficient. (Photos were taken April—November 2022.)An as- 34 built plan and engineer certification deem the site to be in substantial compliance with the approved plan. 35 Landscaping is complete; site is filly stabilized. Owner's trustee of 1717 Turnpike St. (adjacent undeveloped lot) 36 has written a letter to the Town confirming they prefer no fence be installed between their property and A.L.Prime 37 gas station. 38 MOTION: A. Koenig made a motion to release the$1 OK performance bond plus interest for 1725 Turnpike 39 Street, J. Simons seconded the motion.Roll call vote: A. Koenig voted yes. E. Goldberg voted yes. J. Simons 40 voted yes. The vote was 3-0, unanimous in favor. 41 42 LOT RELEASE 1 Town of North Andover PLANNING BOARD Eitan Goldberg, Chair • �,:��,f Sean Kevlahart Peter'Boynton �� a6 Kelly Cormier Johrt Simms Alissa Koenig Tues(lay November 15 2022 r 7 p.m. 120 Marry Street Totvrt Ha11 North Andover MA 01845 43 170 Salem Street,Jack Cahill/Tran Murphy: Request for release of Lot 3 Lydia Lane; now known as Lot 3A 44 Lydia Lane per ANR Plan dated 9/26/2014 recorded as Plan No. 17162. 45 J. Enright: This undeveloped lot approved as part of the 2009 Definitive Subdivision Plan for"The Captain 46 NathanieI Berry Homestead"which was the division of 166 Salem St. The subdivision consists of 3-lots. There 47 was an existing home on lot 1, the 2"d lot is constructed and this undeveloped lot needs to be released frorn the 48 statutory covenant.The road is paved; an interim as-built showing utilities,edge of pavement, stormwater features, 49 fencing, lighting and retaining wall has been provided.J. Cahill has requested the$7,500 bond,which was posted 50 for lot 1A, be transferred to this lot. Tim Willet, DPW Operations Dir. supports this transfer. 51 MOTION: J. Simons made a motion to approve the Form J Lot Release as well as the transfer of the bond from 52 #180 Salem Street to#170 Salem Street. A. Koenig seconded the motion.Roll call vote: A. Koenig voted yes.E. 53 Goldberg voted yes. J. Simons voted yes. The vote was 3-0,unanimous in favor. 54 55 CONTINUED PUBLIC HEARINGS: 56 104 Bonny Lane,Patrick J. Gaffny: (No evidence heard-Continued to the December 6 Planning Board 57 meeting) 58 Application for a Watershed Special Permit under Article 4 Part 5 and Article 10 Section 195-10.7 of the Zoning 59 Bylaw to authorize construction of an inground pool,patio, and perimeter fence within the Non-Disturbance Zone 60 of the Watershed Protection District. The property is located in the Residential 1 zoning district. 61 62 0 Turnpike Street,Middleton Farms,LLC: (No evidence heard-Continued to the December 6 Planning 63 Board meeting)Application for a Site Plain Review Special Permit Article 8 Supplementary Regulations, Part 3 64 Site Plan Review and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. The applicant 65 proposes redevelopment of the property consisting of(i)the razing of all existing structures; (ii)the construction 66 of a 167,933 SF industrial building that encompasses the Towns of North Andover(106,321 SF) and Middleton 67 (61,612 SF); (iii)the construction of a new access drive(located in Middleton); (iv)the construction of all 68 associated parking areas, stormwater management structures,shared septic system (located in Middleton), and 69 utility installations; and (v)construction of a 14,303 SF outdoor storage yard (located in Middleton). The project is 70 located within the Industrial I Zoning District. 71 72 DISCUSSION ITEMS 73 701 Salem Street,James Xenakis: The September 3, 2019 approved site plan review special permit conditioned 74 the applicant to provide the Planning Board with a review of litter, lighting, and traffic within 1 year of the 75 project's occupancy date and photographic evidence 6 months to a year from time of occupancy while the foliage 76 is down to ensure that screening is sufficient. 77 J. Enright: Currently only the convenience store is occupied; restaurant is not yet operational. 78 J. Xenakis, owner MidTown Market: We opened January 2021 and have an improved situation with added 79 parking, 360-degree traffic flow around the site, added screening-trees and fences,trash is contained and there 80 have been no abutter complaints or concerns. 81 E. Goldberg: You serve the surrounding area really well and you worked collectively with your neighbors 82 regarding lighting concerns, screening, etc. We look forward to the next stages. 83 84 MBTA Communities Update,Andrew Shapiro 85 Andrew Shapiro, Dir. Commurifty& Econornic Develo inert: Presented State legislated mandate(House No. 86 5250,Act Enabling Partnerships for Growth) law passed in 12/2020; signed by Gov.Baker 1/202I involving all 2 Town of North Andover PLANNING BOARD Eiton Goldberg, Chair Senn Kevlalrmt � � Kelly Cormier Peter 13oyrrtort Alissa I�oeni John Simons g Tuesda November 15 2022 c 7 .m. 120 Main Street Town Hall North Andover MA 01845 87 state communities amending Sections 5 & 9,reducing the number of votes required to enact zoning ordinances and 88 bylaws promoting production of housing from a 2/3 supermajority to a simple majority. Additionally, Section 3A 89 addresses the requirement of MBTA communities to have an"As-of Right"multifamily zoning district of 90 "reasonable size"with a minimum density of 15 units per acre. DHCD issued final guidance 8/2022. Initially, draft 91 guidance from DHCD considered North Andover a"Rail Community"; half the district required to be within ''/2 92 mile of Lawrence MBTA Station,and a minimum district capacity of 1,787, 15% of the total housing units. 93 Locating Half the district within .5 miles of the train station was not feasible. After feedback from the state,North 94 Andover is now recognized as an"Adjacent Community"with a minimum district capacity of 1,191. An Adjacent 95 Community is an MBTA community that has within its boundaries less than 100 acres of developable station area 96 and is not an adjacent small town. To comply with Section 3A a multi-family zoning district must allow multi- 97 family housing"as-of right'without need for discretionary approval. Site Plan Approval may regulate vehicular 98 access,circulation, architectural design, and screening.Addressed affordability.Minimum land area required is 50 99 acres of developable land or 1,5% of the developable land, whichever is less; %of the multi-family must comprise 100 contiguous lots of land. Some can be non-contigudus but cannot be less than 5 acres. Gross density is 15 units per 101 acre in the district. Multi-far ily zoning districts shall not have age restrictions and be suitable for families with 102 children without restriction on unit sizes, number of bedrooms of number of occupants. Communities with less 103 than 100 developable acres within a train station may be located anywhere in its boundaries. Districts shall have 104 reasonable access to public transportation. Submission deadline for an Action Plan to DHCD is 1/31/2023. District 105 Compliance Application is due 12/31/2023,Town has applied to MA Housing Partnership for technical assistance. 106 Annual Town Meeting 5/2024 or a Special Town Meeting must address compliance to this zoning mandate. Initial 107 thoughts on potential location considerations include: Downtown&East/West Mill areas, Royal Crest and 108 possibly a section of Osgood Landing. 109 110 Select Board FY24 Goals: Explore accessory dwelling unit(ADU) feasibility(Master Plan goal). III E. Goldberg: The issue of exploring ADU's includes several moving pieces; how neighborhoods change, size, 112 setbacks &appropriateness, detached or attached dwellings, etc. We'd like to explore a working group to hear 113 stakeholders concerns to study how we draft a bylaw with those concerns in mind. We need to explore, size, 114 scope, how they'll look, entryways,whether this should be restrictive or not. Encouraged Board members 115 interested in serving on a working group to email Jean Enright or himself. 116 117 Planning Board: Discussion related to abutter notification requirements. Tabled until full Board participation. 118- 119 MEETING MINUTES: Approval of the November 1, 2022, Meeting minutes. 120 A. Koenig made a motion to approve the November 1,2022,Meeting minutes. J. Simons seconded the motion. 121 Roll call vote: P. Boynton(remote)voted yes. A. Koenig voted yes. J. Simons voted yes. E. Goldberg voted yes. 122 The vote was 4-0, unanimous in favor. 123 124 ADJOURNMENT 125 MOTION: J. Simons made a motion to adjourn the mecting. The motion was seconded by A. Koenig. Roll call 126 vote: P, Boynton:(remote)voted yes. A. Koenig voted yes. J. Simons voted yes. E. Goldberg voted yes. The vote 127 was 4-0, unanimous in favor. Meeting adjourned @ 8:20 p.m. 128 129 MEETING MATERIALS: Planning Board Meeting Agenda November 15, 2022,DRAFT Planning Board 130 Meeting Minutes November 1,2022;Staff Report: 221115 Staff Report; 1725 Turnpike Street,A.L.Prime 3 Town of North Andover PLANNING BOARD Eitan Goldherg, Chair T n Sean Ifevlalurrt Peter Boynton Ifelly Cor rrtier John Sintons Alissa Koenig Ttresday Noventher-15 2022 rr, 7 tr.r71., 120 Maht Street Torvn_Hall, North Andover, MA 01845 131 En. erg : Eng. Cert.—As-Built Plan: 108-018-01 N Andover AB 2022-10-18,N Andvr Engr Cert lighting,N 132 Andvr Engr Cert site, letter from abutter—no fence: 220917 1717 Turnpike reel. for no fence, Screening Pies: A-- 133 Nov 7 2022,B----Apr 25 2022,B.Nov 7 2022, C--Apr 25 2022, C—Nov 7 2022,D—Nov 7 2022,N Andvr photo 134 locations, 20190604 Recorded Decision— 1725 Turnpike St AL Prince.Energy; 170 Salem Street,Jack Cahill: 135 150715 Interim As-Built Plan, 221110 request for lot release and bond transfer, Norm J--Lot 3A Release;701 136 Salem Street,James Xenalds: 221110 Operation Report,Recorded Decision;MBTA Communities Update, 137 Andrew Shapiro: MBTA Communities-11.15.22. 4