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Home My WebLink About2023-07-11 Planning Board Minutes Town of Nordh Andover PLANNING BOARD L'itan Goldberg, Chair Gentrna Wilkens John Simons Christopher Koskores, Assoc. Peter Boynton Sean Kevlahan Tuesday Jul 111 2023 00, 7 P.in. 120 Main Street Town Hall North Andover NIA 01845 Present/,Planning Board; E. Goldberg, J. Simons,P, Boynton, S.Kevlahan, G. Wilkens, C. Koskores, Assoc. Absent; Staff Present: J. Enright E. Goldberg, Chairman; The Planning Board meeting for Tuesday,July 11,2023, was called to order at 7 p.m. Welcomed new Board members. STAFF REPORT BOND RELEASE 229 Brentwood Circle,Robert&Eugenia Hatch: Request for release of $4,000 performance bond associated with an April 5,2022 Watershed Protection District special permit to allow for the construction of a 660 SF,single story addition and associated stornnvater management system. J. Enright: Construction of the single-story addition is complete. The engineer has provided an as-built and certification letter, The site substantially complies with the approved plan and recommends full release with interest. MOTION:J. Simons wade a motion to release the full bond amount$4K for 229 Brentwood Circle,plus interest. Sean Kevlahan seconded the motion. The vote was 5-0 in favor. CONTINUED PUBLIC HE, 189 Willow Sheet,Vitreetit Gx-asso: (Request for Continuance until August 15,2023)Application for a Site Plan Review and Corridor Development District I Special Permit raider Article 8 Supplementary Regulations, Part 3 Site Plan Review,Article 16 Corridor Development District, and Article 10 Administration(195-10.7)of the North Andover Zoning Bylaw. The Applicant proposes construction of a 7,776 SF multi-tenant professional/business office and personal service building along with pat-king, landscaping and associated improvements.The project is located within the Corridor Development District I (CDD1)Zoning District. J. Enright: The applicant's team met with the Conservation Commission on June 28, Grave concerns about the approvability of this project given local and state wetland regulations were expressed.Applicant requested a Continuance in order to revise the plans. [Continued to the August 15,2023 Planning Board meeting] 0 Tm-np l(e Street,Middleton Farms,LLC: Application for a Site Plan Review Special Permit Article 8 Supplementary Regulations,Part 3 Site Plan Review and Article 10 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;(H)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(Iocated in Middleton); (iv)the construction of all associated parking areas,storannwater 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 I Zoning District. J. Enright: Peer review is close to completion. Outstanding items include updated plan for Erosion&Sediment Control showing locations for storage of materials,waste,vehicles, equipment,snow storage and other potential pollutants. For traffic review,the applicant has been asked to use updated US Census Journey-to-Work data(2019 vs.2011-2015).NAFD has submitted a list of questions/comments which need to be addressed.Applicant has not met with NAFD yet. Water supply agreement has not been reached. J. Maim,Mann&Mann,P.C.: Confirmed that perc tests have been completed on site however the firll septic system design has not been submitted for approval.The system is in Middleton;North Andover BOH.has not reviewed the design. I Town of North Andover PLANNING BOARD Eitarr Goldberg, Chair Gennna Wilkens. 9� �� Christopherrfoskores, John Simons • Peter Boynton Assoc. Sean Kevlahan Tuesday JWy .1.1, 2023 a, 7o.m., .120 Main Street Town Hall, North Andover, MA 01845 J.End :Traffic peer reviewer encouraged a study of the intersection of Rt. 114, Shaupners Pond Rd. and Saddlewood Rd. Applicant has done a traffic warrant assessment,which MA DOT will look for as part of the Access Permit process.The result of the assessment indicates a traffic light is warranted at this intersection, even without this project. Applicant acknowledges traffic will contribute to this project and also recognizes they may need to contribute to the cost of that signal. This would be finalized via the MA DOT Access Permit process. J. Mann: This meets the warrant;the exact location is to be determined.The Board recommended a support letter be sent to the Select Board, State Rep referencing the report regarding a traffic light at this intersection. J. Enright:Remaining outstanding issues are closing out peer reviews,addresses NAFD comments,water supply agreement, and perspectives fiom the surrounding area. J. Mann: Assured the Board that all outstanding items will be taken care of prior to the August 151b Planning Board meeting. Noted tricky fire issues related to the access plan which need resolution and confirmation that it meets code, The water agreement issue needs attention from Middleton/Danvers;North Andover's Town Manager has been contacted. Confirmed perspectives that were requested. Specs for fence will be included in the presentation. If a water supply agreement can not be achieved a well could be constructed. The location of which would need to be identified. P.Boynton: Conditioning the water agreement is fine,if the resolution changes it's not acceptable from the perspective of our review,particularly if the water is then coining from North Andover. J.Enright: This project requires four affirmative votes for the Special Permit;the two new members cannot vote because they have missed 2 hearings. For 189 Willow Street, if the two new members watch the meeting video and submit the missed meeting form they are eligible to vote as they have only missed one hearing. No public comment has been received.A draft decision may be prepared for the next meeting;however, if the outstanding items are not resolved there may be several placeholders. [Continued to the August 15,2023 Planning Board meeting] DISCUSSION ITEMS Draft Planning Board Rules &Regulations: Board continues to work on opportunities to notice the public to encourage transparency. Board continued discussion to next meeting July 25,2023. 47 Bonny Lane,Lirnin Kong: Unauthorized tree clearing within the Watershed Protection District Non- Disturbance Buffer Zone. 59 Bonny Lane Mathew Marezak: Unauthorized tree clearing within the Watershed Protection District Non- Disturbance Buffer Zone. J. Enright: Homeowners continue to work with their engineer team and arborist to address Conservation's Enforcement Order. The Commission acknowledged progress is being made and anticipates an existing conditions plan,replanting plate and arborist report at their July 26'meeting.Homeowners have been requested to attend the July 2511'Planning Board meeting to present these materials.An after the fact Watershed Special Permit is pending. It is anticipated that the application will be Cited July 13 for an August 29,2023 hearing date. E. Goldberg: Brought new Planning Board members up to speed on the egregious tree cutting circumstance, J. Simons: Explained this Board may act autonomously to find a suitable and robust solution. P.Boynton: Expressed concern for suitable caliper plantings and aggressive establishment measures for their survival; previous tree cutting incidents on the lake were replanted with de minimis plantings. Concerned that the Conservation Commission will act independently with their approval and wants assurance that the Planning Board has the ability to provide input once the replanting plan is presented. J.Enriaht: Stated that she speaks with the Conservation Administrator often and conveys the Board's sentiments regarding this issue,as does the Administrator in regard to the Commission's sentiments, Has asked that the Conservation Commission does not officially approve the replanting plan prior to the Planting Board's review/comments,It is anticipated that when the Watershed Special Permit application is submitted it will have the plan under review with the Commission attached. The Planning Board will then have the opportunity to approve or request changes during the hearing process. Will discuss the 2 Town of Nortlr Andover PLANNING BOARD Eitan Goldberg, Chair •• Genuna Wilkens John Simons ` � Y�sn'�S •• Christopher Koskores, PeterBoynton Assoc. Sean Kevlahan TuesdaE July II 2023 r 7 art. 120 Main Street Town Hall North Andover MA 01845 concern again with the Conservation Administrator and request that the plan not be approved by the Commission until it is fully vetted with the Planning Board. E. Goldberg: This is a very vulnerable area with direct impact oil the Watershed;protecting the water and the shoreline is our focus as the Watershed Special Permit Granting Authority. MEETING MINUTES: Approval of the July 6,2023,Meeting minutes. MOTION:P.Boynton made a motion to approve the July 6,2023,Meeting minutes. J. Simons seconded the motion.The vote was 4-0,unanimous in favor, J. Enright: There is a joint meeting scheduled for July 17,2023 at 7:30 p.m. with Planning& Select Board regarding MBTA Communities zoning requirements. ADJOURNMENT MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by J. Simons.The vote was 5-0, unanimous in favor, Meeting adjourned rr 8:00 p.nt. MEETING MATERIALS: Planning Board Meeting Agenda July 11,2023,DRAFT Planning Board Meeting Minutes June 6,2023;Staff Report:230711 Staff Report;229 Brentwood Circle: Recorded Decision,230614 229 Brentwood AsBuilt, 229 Brentwood Circle Eng Certification Letter; 0 Turnpike Street Middleton Farms LLC: Traffic Peer Review RESP: , TEC Peer Review 92: ,Rev. Site Plan: ,Department Review: ; 189 Willow Street,Vincent Grasso: 230705 Con't Req to Aug 15;47 Bonny Lane,Limin Fong: Pictures:Bonny Lane Shoreline Clearcutting April 2023,202230502_114037, 20230502_113935,20230502 113842,20230502 113756,20230502_113724,20230502_113659,(video) 20230502 113651,20230502 113650,20230502_113644,20230502 639,20230502_113635,20230502_113630, 20230502 113629,20230502 113628,20230502_624,20230502 113613,20230502_113611,20230502_113609, 20230502 113606,20230502 113551,20230502 113544,20230502 113522,20230502 420,20230502 113418, 20230502_113408,20230502_113406,230621 Apology letter—Limin Kong,47 Bonny Lane,230525 Status Update,47 Bonny Lane—Tree Cutting Violation Letter—05-03-23,05-10-23 Enforcement Order—47 Bonny Lane; 59 Bonny Lane, Mathew Marezak:Pictures: Image 5,Image 4, Image 3, linage 2, Image 1,M. Marczak Email—59 Bonny Ln Wetland Violation,5-10-23 Enforcement Order—59 Bonny Lane;Draft Planning Board Rules& Regulations: 230418 Letter to Planning Board re Reties and Regulations,230405 NApbrulesandregs JE—EG. 3