HomeMy WebLinkAbout2023-03-07 Planning Board Minutes L 321`Zd�,�
Town of'North Andover
PLANNING BOARD
Eitan Goldberg, Chair` Sears Ifevlalian
Peter Boyrrtorr • a� ��►,,�,� Kelly Cormier
Jalrn SimonsAlissa Koenig
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Tuesday March 7, 2023 a, 7 P.m., 120 Mahi Street Town Hall,Nor-th Andover, MA 01845
Present/Planning Board: E. Goldberg, J. Simons, A. Koenig, P. Boynton, K. Cormier-Remote, S. Kevlahan, Assoc.
Absent: K. Cormier-Rernote(left meeting @ 7:35 p.m.)
Staff Present: J. Enright
E. Goldberg?, Chairman: Tile Planning Board meeting for Tuesday,March 7,2023,was called to order at 7 p.m.(Read
Governor's Order into the record. This meeting is considered a hybrid meeting;both remote and in-person.Votes will be
recorded as roll call this evening.
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Pursuant to Chapter 107 of the Acts of 2022, this ineeting of the Noy-Ili Andover Planning Board will he
con ducted in person: and via remote itteans, in accordance with applicable law. Specific innfor`rnation ail the
general guidelines for retnote participation by members of the public and/or parties with a right and/or
r`equirernnI to attend this meeting can be found on the Torvn's website, at wrvrv.itorthartdovernta.gov. For this
meeting, in person attendance of members of the public and Board inentbers will be permitted. Members of the
public who wish to watch the ineeting live may do so out their televisions by tuning to Comcast Channel 8 or
Verizon Channel26 or online at tvlyrv.not`tliaittlovet'canrt.org. Every effort will be lnade to ensure that tine public
cart adequately access the proceedings in real time, via technological means.Ili the event that Eve are tillable to
do so, despite best efforts, ►ve will post on the Town of North Andover'website am audio or-video recording,
hwitscript, oi`other comprehensive i•ecor`d ofproceedings as soon as possible after the meeting.If the public
would like to participate in public hearings, but not attend the meeting in persons please entail your
questionleomnnent prior to or•during the meeting to jeitri The question/eomment will
be read during the proceedings and responded to accordingly.
STAFF REPORT
BOND RELEASE
1077.OWood Street,Attpus Realty Corp. (Butcher Boy): Request for release of a $10,000 performance bond
associated with a Watershed Special Permit granted Oct. 1, 2013 for the construction of Pentucket Batik.
J. Enright: The site is fully constructed. The packet includes an as-built plan,engineer certification letter and the
Watershed Special Permit decision, Storrnwater structures were inspected quarterly for 5 years. The Decision
conditioned an additional $1 OK bond be meld in perpetuity,which remains on file. Recommends full release of the
bond, plus interest.
MOTION: A. Koenig made a motion to approve the$IOK bond release,with interest for 1077 Osgood Street,
Angus Realty Corp., (Butcher Boy Batik). I Simons seconded the motion. Roll call vote: K. Cormier(remote)
voted yes. A. Koenig voted yes. J. Simons voted yes. P. Boynton voted yes. E. Goldberg voted yes. The vote was
5-0, unanimous in favor.
NEW PUBLIC HEARINGS
34 Glenore_Circle,David &Marianne Sweetser: Application for a Watershed Special Permit under Article 4,
Part 5 and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize construction of an inground pool with an
enclosure, patio, demo deck, construct new deck, construct firepit within the Non-Discharge of the Watershed
Protection District. The property is located in the Residential 1 zoning district,
J. Enright: The application proposes a pool in the Non-Discharge Zone from the edge of a wetland resource area.
Closest point of the proposed patio surrounding the pool is 236.5 feet from the wetland. Wetland flagging was
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Town of North Andover
PLANNING BOARD
Seat ICevlahat
Eitat Goldberg, Chair,
Kelly Courtier
Peter Boynton Alissa KoenigJohn Simons
Tuesday March 7, 2023 na, 7 p.m., 120 Main Street Town Hall,NoHli Andover, MA 01845
taken from a previous plan. The applicant has been asked to delineate the wetland and have the Conservation
department confirm accuracy. First stormwater peer review was received; a response has not yet been submitted.
Jack Sullivan,PE, Sullivan.En in�g Groin.: This is a year-round detached exterior structure approx. 24' x 25'
on concrete slab with an 8' x 14' exercise pool in the enclosed heated space. Drainage mitigation is shown on the
plan; no issue with peer review comments. There is a pervious, bluestone patio,the base will be constructed to
allow water to move through it. Roof structure mitigates rainwater via rain gutters and downspouts to the
underground structure.
Marianne Sweetser, homeowner: This Brady Sum•oorn has special vents across the top of the structure for
condensation. Some meclnanicals are in the structure; others are in the garage with underground pipes connecting
the two.
I Enri lnt: Water.quality testing data has been provided. The data compares Foamy Brook testing to the table
included in the Watershed Plan Update for Total Phosphorous.
J. Enrigh#: Conservation to confirm updated wetland line; draft decision will be prepared for the next meeting.
[Continued to the March 21, 2023 Planning Board weeting]
DISCUSSION ITEM
48-50 Water Street Jason Saraceni: Applicant requests a determination of adequacy of on-site and off-site
parking spaces and request for a Waiver of Site Plan Review.
J. Enright: Applicant purchased the building and is renovating it;they will appear before Machine Shop Village in
order to properly restore the exterior similar to-its original condition; proposed use is similar to existing. There are
3 apartments above the I st floor commercial space.A bedroom is being added to the residential space; no
proposed change to the footprint.A staircase will be removed at the rear of the building; balconies are being
added. Proposed changes include the elimination of the drive aisle to the left of the building,which is being
replaced with handicapped access to the commercial space. Drive aisle to the right of the building to become an
entrance/exit, The Building Inspector determined the width of this driveway may require a variance. (12 ft vs. min,
width for 2-way traffic is 20 ft.) I have since spoken with atty. Brian Vaughan who feels the Planning Board can
modify design guidelines for drive aisles. Handicapped access changes traffic circulation.
E. Goldberg: Questioned whether, if no changes to the building were considered and a tenant opened a store there,
would this come to the Board. The improvements are triggering the review.
B.Vaughan, Smolak&Vau lg an: If this was to become straight business office use, I would agree because the
parking requirements are 3 spaces per IK gross sq. ft, of floor area for the existing retail use-"heavy appliance"
use. We don't know what the use will be for this space. A small-scale grocery/convenience store has been
mentioned;retail use requires up to 6 spaces per I K. We are seeking use of on-street parking plus the drive-aisle
width modification. Apartments are not currently rented. Owner seeks complete upgrade to interior and exterior.
J. Enright: On-site parking satisfies the residential use of 5 spaces; 6 are delineated on the plan.
E. Goldberg: Commercial use would occupy up to 9-12 public parking spaces depending on use.
MOTION: J. Simons made a motion to approve the Waiver of Site Plan Review for 48-50 Water Street, and to
dedicate 12 spaces on-street parking to satisfy commercial use and allow for drive aisle width of 12 ft.
P. Boynton seconded the motion. Roll call vote: K. Cormier(remote)voted yes.A. Koenig voted yes. J. Simons
voted yes. P. Boynton voted yes. E. Goldberg voted yes. The vote was 5-0,unanimous in favor.
CONTINUED PUBLIC HEARINGS:
0 Turnpike Street Middleton Farms LLC:Request to continue until March 21,2023.Application for a Site
Plan Review Special Permit Article 8 Supplementary Regulations,Part 3 Site Plan Review and Article 10
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Town of'Nor�tlr Andover
PLANNING BOARD
Eitan Goldberg, Chair Serra Kevlalrart j
Peter Boynton • �} ¢ Kelty Cormier
John Simons Alissa Koenig
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TiiesdaV March 7 2023 7 .in. 120 Main Street Town Hall North Andover MA 0.1845
Administration 195-10.7 of the North Andover Zoning Bylaw. The applicant proposes redevelopment of the
property consisting of(i)the razing of all existing structures; (ii) the construction of a 167,933 SF industrial
building that encompasses the Towns of North Andover(106,321 SF) and Middleton (61,612 SF);(iii)the
construction of a new access drive(located in Middleton); (iv)the construction of all associated parking areas,
stormwater management structures, shared septic system (located in Middleton), and utility installations; and(v)
construction of a 14,303 SF outdoor storage yard (located in Middleton). The project is located within the
Industrial 1 Zoning District.
14 Second Street and 149 Main Street,,,Second &Main LLC: Application for a Site Plan Review, Parking,
Inclusionaty Housing Requirement and Downtown Overlay District Special Permits under Article 8
Supplementary Regulations, Part 1 Off-Street Parking and Loading,Part 3 Site Plan Review,Part 13 Inclusionary
Housing Requirement,Article 18 Downtown Overlay District Part 1, and Article 10 Administration(195-10.7)of
the North Andover Zoning Bylaw, The Applicant proposes redevelopment of the property into a mixed-use
development contained within a single building, including ground floor commercial space along with two floors of
residential units above the first floor. A total of 24 residential units are proposed,along with parking, landscaping,
lighting;and other improvements to be located on a single lot consisting of approximately 28,559 SF by combining
parcels known and numbered as 149 Main Street and 14 Second Street. The property is located with the General
Business District and Downtown Overlay District.
J. Enright: Site plans,architectural plans, landscape/lighting plan, aerial view and last week's presentation was
carried from last week to this meeting packet; updated presentation is included in your packet. Site Line Diagram
was provided for the intersection of Second &Main,which the traffic peer reviewer has reviewed and approved.
The Town Engineer, John Borgesi,has reviewed the peer reviewers email comments and concurs with the
recommendations to the Board.Abutter comments regarding the parking utilization study and the immediate
abutters regarding the property line were received.
E, GoIdber : Stated the Board is not voting today; full discussion will be entertained and hopes to vote at the next
meeting.
John Smolak, Smolak&Vauglian: Introduced team.NAFD issued a closure letter and are satisfied. Will review
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lighting in response to Board comments, comments on peer review, and present wall signage.
Archan Ssokying, LA,LanganEngineering: Provided Lighting/Landscape Plan showing light pole fixtures with
internal light shields, zero spillover light and photometrics.
Board: Discussed conditioning lighting, reviewing it potentially 6-12 months after installation.
(K. Cormier-remote, left the meeting @ 7:35 p.m.)
Maximo Polanco, Traffic Engineer,Langan Engineering: TEC approved recent Sight Line Diagram; proposed
building sits 3 ft. behind current ATM enclosure. Pavement markings to be added for refuge to the intersection of
Main& Second Streets. Construction plan to be submitted to mitigate site lines due to scaffolding. Street signage
will be added to site plans; it was suggested that a"no parking spot"can be added for safety to Second St. exit to
aid site lines. Snow Management Plan was submitted and approved; snow to be removed from site for parking,
pedestrian movement and site distances. Vegetation selected will not obstruct site lines.
Jim DiBurro,Prof, Mgr„ AA Architects: Reviewed subtle changes made to building elevations, building signage
not internally illuminated. Rendering shows partial traditional horizontal plank siding and vertical plank siding.
Neighborhood sections show height comparisons to abutting properties.
A. Koenig: Confirmed parking lot for 149 Main St. is several feet lower than 159 Main St.
Hillary Holmes PE Site Civil Engineer, Langan En ineerin : Referenced proposed retaining wall location and
design at the common boundary; licensed survey engineer created location; confident their boundary line is correct
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Ts� Sean ICevlahmt
Peter Boynton 5� w6 Kelly Cor rrtier
JohnSintorrs Alissa Koenig
Tnesd(ty March 7 2023 7 pan., 120 Main Street Totvrt Hall North Andover MA 01845
and the abutter survey will be consistent with what is shown. Described detailed design of proposed stepped stone
retaining wall.
E. Goldberg: Read two abutter comments into the record, (230306_st._gregory_church)Church has retained
transportation engineer to conduct peer review and analysis is of proposed project with respect to traffic and
parking accommodations in the vicinity of the church;they request additional time to complete the study. (230307
Spencer-Macgregor Comment&230307 Neighborhood Presentation-Spencer-Macgregor) Owners of 159& 161
Main St. are retaining a surveyor to identify property lines as they relate to setbacks and retaining wall between
properties;they request additional time to complete the study.
P, Boynton: Confirmed proposed wall reduces the neighbor's greenspace from 5 ft to 3 ft.
J. Sniolak: There is no setback requirement under the DTO District for the side yard;required to maintain parking
at least 5 ft. setback. Retaining wall which is at the same level of the landowner's property drops from 5-3 ft;
proposed fence is on top of that wall;willing to adjust height of fence based on window heights.
J. Simons: Clarified lot line for 159 Main St. is at the face of the House.
E. Goldberg: Questioned need for a fence versus other defining buffer elements.
Public Comment:
Karen Spencer, abutter, 159 Main St.: Intent for a survey is to determine whether the boundary is at the side of the
house or if it includes the 5 ft. greenspace; understood it to include the greenspace.
1~r. Stephan Balgian,abutter, St. Gregory's Armenian Church: Requests time to initiate survey,per,letter. Access is
vital;prefers to perform study over extended period of time including large events to see impact of Easter Sunday.
Dawnrnarie Paradis abutter,32 Second St.: Project is moving too fast; building is too high,parking is a concern;
asking for more time is reasonable. Concern for character of neighborhood, snow removal,traffic, dogs,kids,
HOA rules. Second St. is used as a cut through;two-way traffic is tight. Twelve apts. better than 24.
P. Boynton: Confident method of notification and due process was appropriate. Improvement will be based on
what's specified in our rules.
E. Goldberg: This project started as a discussion in July& September 2022 and noticed based on state law
requiring notice to residents within a 300 ft. radius. Public hearing initiated 12/20/22,was heard 2/28/23, 3/7/23
and will continue to 3/21/23; anticipates decision 3/21/23. Survey has been provided and peer reviewed by
professional engineers. A congregation relying on public parking is very risky. Stated his opinion of project
benefits-- provides more housing, affordable housing, addresses vitality of downtown improvements,provides
mixed-use, gets people downtown,24 runts is very little stress on schools and services.
Joe Ahnasian, Chairman, Board of Trustees, St. Gregory's Church: How would this Board make a decision on the
total number of units allowed if this project were smaller?
E. Goldber : We discussed a 4-story building with 36 units. We didn't feel comfortable with that; they now
propose 24 units.We can grant the Special Permit or decide on a lesser amount. With Avalon we issued a Special
Permit with a lower amount. Royal Crest proposed a Zoning Bylaw change,the Town rejected the density.
P. Boynton: My clock starts whet!notices were mailed to abutters 12/5/22. Agrees we are moving fast.
Technically,the issue of relying on public parking is a fair point. The Board just endorsed 48-50 Water St.; Board
was okay with relying on public parking. Questioned how the Board is solving St. Gregory's issues.
J. Simons: We condition the parking and the Board revisits its success 6-12 months after project completion to test
its performance or we get another assessment as necessary.
Greg Afarian,resident, 18 Inglewood St. & 18 Waverly Rd.,Member St, Gregory's Church: This past weekend
the snow only allowed one car to pass on the street. Project is too big for North Andover ruining the integrity of
the town. Schools are busting at the seams; 25+students per classroom at our preschool is too much. We are
building everywhere;this will impact home values.
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Town of North Andover
PLANNING BOARD
Titan Golrlbej�g, Chain Serra rfevlalian
• `�j'' I(elly Cormier
Peter Boynton ANssa I(oerrig
John Simons �
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Tnesrla v Mal-ch 7 2023 A, 7 .m. I201MTain Street Torun Mk North Andover MA 01845
E. Goldberg: We study the school formulas based on unit types and have seen accurate results over the years.
Maureen Spencer,abutter, 159 Main St.: We weren't contacted until after the first hearing in December which set
a bad precedent; our home is next door. This has been under discussion since last summer and no one reached out.
Inquired about stormwater drainage maintenance every 3 months and asked who was responsible for that,
J. Enright: The Operations and Maintenance Plan will be conditioned in the decision, which runs with the land;
owner is responsible. These units will likely be condominiums; an HOA & association would be addressed as a
condition.
John Sarian, Board of Trustees, St. Gregory's Church: Can you place requirements for parking on the owner to
ameliorate the situation after the fact?Are you confident tandem parking will work?
E. Goldbery: We require reporting of conditions; apparent issues require the owner return to the Board if
conditions need modification.If something isn't working,they have to fix the situation.
J. Simons: We need to review the parking for those who don't live in the building; it wouldn't be fair if the
Messina parking lot becomes the parking lot for the retail.
Lisa Loosigian, abutter,42 Second St,: Biggest issues are parking,traffic and size should be reduced to 12 runts.
J, Enright: No additional comment was received.
[Continued to the March 21, 2023 Planning Board meeting.]
Annual Town Meeting Zoning Bylaw Amendment Articles:
• Site Plan Review—Dover Bylaw
I Enright:No changes or public comments received.
• Floodplain Bylaw
J. Enright: Minor change; language from FEMA included word "ordinance"; deleted "ordinance"replacing it with
"bylaw",where applicable.
• Inclusionary Housing Requirement
J. Enright: Reviewed redline housekeeping edits based on J. Smolak's review. j
There is no new information for public hearing warrant articles (Site Plan Review—Dover amendment,
liloodplain, Inclusionary Housing Requirement)
[Continued to the March 21, 2023 Planning Board meeting.]
DISCUSSION ITEM
Potential Zoning Bylaw Amendments:
• Continuing Care Retirement Center
• Day-care center—rename child care facility and eliminate special permit requirement
• Day-care center--delete definition
• Day-care center--update Table 2 Summary of Use Requirements to replace day-care center with
child care facility and elirrrinate.the special permit i.equirement
J. Enright: These are additional proposed warrant articles for daycare center, CCRC; they will be Noticed in the
Eagle Tribune 3/6& 3/13/23, Public Hearing opens March 21,2023.
[Continued to the March 21,2023 Planning Board rnecting]
MEETING MINUTES: Approval of the February 28, 2023,Meeting minutes.
MOTION: P. Boynton made a motion to approve the February 28,2023,Meeting minutes. A. Koenig seconded
the motion. Roll call vote: A. Koenig voted yes.P. Boynton voted yes. J. Simons(abstained).E. Goldberg voted
yes. The vote was 3-0,unanimous in favor.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair •���f Sean ICevlalirrn
�� w6 Kelly Cormier
Peter Boynton •
John Simons Alissa Koenig
Tuesday March 7, 2023 a, 7 p.m., 120 Main Street Town Hall,North Andover,MA_01845
ADJOURNME,NT
MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by A. Koenig. Roll call
vote: P. Boynton voted yes. A.Koenig voted yes. J. Simons voted yes. E. Goldberg voted yes. The vote was 4-0,
unanimous in favor.Meeting adjourned @ 9:20 p.m.
MEETING MATERIALS: Planning Board Meeting Agenda March 7,2023, DRAFT Planning Board Meeting Minutes
February 28,2023;Staff Report:230307 Staff Report; 1077 Osgood Street,Angus Realty Corp. (Butcher Boy):
131001 1077 Osgood Street WSP bank FINAL,20230227 BBoy Bank Engineer Inspection,BBoy Bank-Pentucket WSP&
SPR As-Built;0 Turnpike Street,Middleton Farms,LLC,: Continance Request:Request to Cont NA to 3.21.2023; 14
Second Street and 149 Main Street Second and Main LLC:Department Review:230306 NAFD Comment, Lighting-
Planting Plan:2023-02-22 149 Main Set Lighting Planting,Presentations:230228 PLANNING BOARD PRESENTATION,
230307-PLANNING BOARD PRESENTATION-V2,Public Comment:230306_st._gregory_church,230307
Neighborhood Presentation-Spencer-Macgregor,230307 Spencer-Macgregor Comment,Rev Architectural Plan:23 02 23 -
149 Main Street-JtA Updated Architecturals,Rev Site Plan: 2023-02-14 REV Site Plan,Traffic Peer Review:2023-03-07
Sight Line Sketch,230307-TEC Traffic Peer Review#2,230307 J.Borgesi RE TEC Traffic Peer Review Letter#2,Aerial
View 149 Main Street;Annual Town Meeting Zoning Bylaw Amendment Articles: Site Plan Review-Dover Bylaw:
230208 Limited SPR Application,230228 Part3 sitepinrev-dover JE, Floodplain:230221 Proposed Floodplain Bylaw,
230307 Redline Proposed Floodplain Bylaw, lnclusionary Housing Requirement:230221 Amend—Part 13 Inclusionaty
Housing Req,230307 Redline Amend Part 13 Inel,Housing Req, 34 GIenore Circle,David &Marianne Sweetser:
Application: 221011 Stormwater Report Plan,230123 Site Plan_34 Glenore,Watershed Application_01232023,Department
Review:230125 Conservation Comment,Stormwater Review:23020G H W 1 stPeerReview 34 Glenore Circle,Water Quality
Testing: 34G1enoreCirc,Lake Cochichewick Watershed Plan Total Phosphorus'fable, Ortho,TP,Sodium 4-26-2022,Or•tho,
TP, 10-25-2022,Locus; 48-50 Water Sheet,Jason Saraceni:220301 SPR-Waiver Request,230224 Existing Cond.
48Water,230224 Prop Cond.48Water,230302 Saraceni—Planning Waiver Dwgs.,230303 Updated Ltr. Planning Board;
Potential Zoning Bylaw Amendments/Continuhij,4 Care Retirement Center:Continuing Care Retirement Center: 230222
CCRC warrant article JE—eg edits,Day-care center:230227 Day care-delete spec.permit, Day-care center:230227 Day care
—delete definition,Day-care center: 230227 Day care—Table of Use Regs.
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