HomeMy WebLinkAbout2023-12-19 Planning Board Minutes Town of North Andover
PLANNING BOARD
Sitar! Goldberg, Chair i ;, Gennna Wilkens
Peter Boynton Christopher Ifoskores,
.TOIlII SilllollS
Assoc.
Sean Kevlahan
Ttres(day Decet!lbet' 19, 2023(a), 7 pan., 120 Main St!•eet Town Hall,North Andover, MA 01845
1 Present/Planning Board: E. Goldberg, J. Simons, P. Boynton, S. Kevlahan,C. Koskores,Assoc.
2 Absent: G. Wilkens
3 Staff Present: J. Enright
4
5 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, December 19, 2023,was called to order at 7
6 p.m.
7
8 BOND RELEASE
9 1600 Osgood Street Lot A Hillwood Enterprises,LP: Request for release of a$30,000 performance bond associated
10 with a Site Plan Review Special Permit(dated May 20,2020)and a Modification Site Plan Review Special Permit(dated Oct.
11 6,2020).
12 J.Enright: These special permits allowed for the rehabilitation and redevelopment of the site(Lot A),and installation of a
13 large-scale ground mounted solar system.The approved decisions and the Lot A as-built plan are included in the meeting
14 packets.
15 MOTION: S. Kevlahan made a motion to approve the request for release of the$30K performance bond for 1600 Osgood
16 Street(Lot A),Hillwood Enterprises, LP.J. Simons seconded the motion.The vote was 5-0,unanimous in favor.
17
18 NEW PUBLIC HEARINGS
19 220 Sutton Street,220 Sutton Street,LLC(Charles T. Matses): Application for Limited Site Plan Review under Article 8,
20 Part 3 Site Plan Review and Article 10 Administration Section 195-10.7 of the North Andover Zoning Bylaw. Applicant
21 proposes conversion of former Northeast Rehabilitation space to a day care facility.The proposed suite consists of 4,400 SF.
22 The site is located in the Business 2 zoning district.
23 J.Enright:The proposed site is an existing building at the corner of Sutton and Charles St.No exterior changes are proposed.
24 Interior renovations include construction of half walls, a half door, and other requirements.The day care will be named"My
25 Little Friend Building Preschool".Existing tenants in this building include Buono Bistro restaurant,Best Cleaners,and
26 Northeast Rehab Facility.This is an existing building with no proposed changes to its footprint,waivers are requested for
27 casement/legal conditions,topography,zoning information,drainage area map,stormwater;Management plan, building
28 location/elevations, location of wetlands,refuse areas, lighting facilities and utility plan. Information regarding estimated
29 traffic flow within the site AM Peak and PM Peak was not included in the application filing. Drop-off and pick-up procedures
30 are described in the application.The Building Commissioner has confirmed the use falls under the Dover Amendment.
31 Facility is planned for 9 toddlers,20 preschoolers,and 7 infants.No exterior playground is shown on the plan. There are 129
32 existing parking spaces on site; 120 spaces are required for the various Uses in the building.
33 Alex Matses, Applicant,Charles Construction Co.: Proposed daycare is located at the former Northeast Rehabilitation Suite.
34 Minor modifications include 36"knee walls for division of space and the fire alarm system will be upgraded throughout.RP
35 ArchitecturaI has submitted stamped drawings and a controlled construction affidavit.McCabe Associates presented a
36 building review and fire alarm plan.No outdoor play area is planned.Reviewed drop-off and pickup procedures; staggered
37 from 7:30 a.m.-9:00 a.m.and pickup is 3:30-5:00 p.m.
38 J.Enright: Patrons will park in the parking lot and walk their child to the lobby area where they'll sign in via a mobile app,
39 Staff will bring the child to the applicable classroom,the reverse happens at the end of the day.
40 J. Simons:The space is in the middle of the building and parking is in front of the space against the sidewalk, Expressed
41 concern for kids darting out where there may not be much room for error. Having a little more open space near the fi•ont door
42 would be advisable;perhaps one open space would provide more visibility. Staggering times might help;for safety purposes,
43 reserved spots for drop-off and pickup tinges would be mitigating.
44 E. Goldberg: There are bumper stops provided. People likely won't park in the back. Most will take 10 minutes and it's a lot
45 at the same time.
46 S.Kevlahan:There's potentially 36 patrons dropping off at the same time.
47 A. Matses:A drop off line might assist;dedicated parking would be up to the building owner.
48 J.Enright:Parking could be restricted to beyond the building.No public comment has been received.
49 E.Goldberg: We have a draft decision. Suggested including dedicated parking for drop-off and pickup spots to the decision.
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Town of North Andover
PLANNING BOARD
Eitrrrr Goldberg, Chair Genrnra Wilkens Clrristoplrer•lfoslcores,
Peter Boynton •
John Simons Assoc.
Sean Kevlahan
Trresdal�December 19, 2023 a, 7 p.nr., 120 Main Street Torun Hall,North Andover MA 01845
50 MOTION: S.Kevlahan made a€notion to close the public hearing.J. Simons seconded the motion.The vote was 5-0,
51 unanimous in favor.
52 MOTION: S.Kevlahan made a motion to approve the Limited Site Plan Review for 220 Sutton Street,as amended.J. Simons
53 seconded the motion. The vote was 5-0,unanimous in favor.
54
55 189 Willow Street,Vincent J.Grasso: Application for a Site PIan Review and Corridor Development District 1 Special
56 Permits under Article 8 Supplementary Regulations,Part 3 Site Plan Review,Article 16 Corridor Development District,and
57 Article 10 Administration(195-10.7)of the North Andover Zoning Bylaw. The Applicant proposes construction of a 6,777
58 SF single story building with 20 parking spaces, associated driveway,utilities and associated improvements.The project is
59 located within the Corridor Development District I (CDD1)Zoning District.
60 Abutter 651 Turnpike St.: Did not receive notice as an abutter to the project;suggested postponement of the public hearing.
61 E. Goldberg: Stated the public hearing will open for this application this evening;will address abutter notification first.
62 J.Enright: The applicant applied earlier this year for an SPR and a CDD1 special permit which opened 4/25/23,subsequently
63 several continuances were granted;applicant requested to withdraw without prejudice on i ln123,and the Planning Board
64 granted the request.This proposed site plan is similar to the original;the footprint has been reduced by lK SF to 6,777 SF
65 including a reduction of 1K SF in the scope of area to be filled.The building location was slightly modified and is currently
66 just outside the 25 ft.Non-Disturbance Zone.The site remains an undeveloped parcel comprising of 3.34 acres.The site was
67 granted a Special Permit in 2005 to allow construction of a 3-story,7200 SF office building with garage underneath to be used
68 as a ground floor.The property was then zoned B4 and is now zoned CDDL Water and sewer stubs were installed to the
69 vacant lot in October 2008.A 2"copper line was installed for domestic water,6"ductile iron line for fire sprinkler system,
70 and 6"PVC line for furture sewer connection. An existing driveway was constructed across the wetlands. Site topography is
71 relatively flat with bordering vegetated wetlands surrounding a portion of uplands that was previously disturbed under the
72 aforementioned previous site permits.Portions of this area of disturbance(center of lot)have developed into an isolated
73 vegetated wetland.
74
75 A Notice of Intent application was filed with Conservation Commission in 11/8/23.Hearing was noticed in the Tribune
76 12/13/23. Provided a sumnnany of events surrounding the application that have occurred regarding the Conservation
77 Commission,MassDEP,and the applicant.
78
79 Storrnwater runoff from the proposed pavement areas will be collected by the drainage system consisting of a sediment
80 forebay,water quality Swale and extended detention basin.At the applicant's request,the stormwater management peer
81 review was delayed.Traffic impacts are detailed in the application.
82
83 Waivers have been requested for tine provision of a plan scale of 1"-40%(a scale of 1" 30' has been provided);a landscape
84 plan prepared by a Registered Landscape Architect: a planting plan was prepared in conjunction with a wetland
85 scientist/botanist,a Grading and Drainage Plan due to minimal scope with a proposed site plan identifying grading, drainage,
86 and utilities on a single sheet;the provision of site topography at 2' intervals:per the applicant,the flat topography in the
87 center of the site is better represented using 1' contour intervals,
88
89 Innformed the Board that the plan"Resource Area Notes" state"portions of the site area located in Flood Zone A per FEMA
90 NI±IP Flood Insurance Rate Map...dated 7/3/12". (Current published maps are dated 2018).Also,General Notes include#1,
91 "Boundary,topographic and utility information depicted hereon are the result of an actual field survey by Hayes Engineering,
92 Inc. in October 2022".However, a conflicting notation is included on the Existing Conditions plan sheet and tine Proposed
93 Site Plan sheet which states,"This Plan is not a determination of property lines or zoning compliance,nor is its purpose to
94 depict existing or proposed structures,features or boundaries relative to property lines.This Plan is sealed by a professional
95 engineer as it relates to tine location and relocation of fixed work embraced within the practice of civil engineering in
96 accordance with the provisions of 250 CMR 5.01(2)ET SEQ". The notes included on the plan should be clarified.Lastly,the
97 application information requirement is for a survey of lot/parcel; a boundary survey conforming to the requirements of the
98 Essex County Registry of Deeds.Tine Existing Conditions Plan is not stamped by a Land Surveyor,
99
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Town of North Andover
PLANNING BOARD
Gennna Wilkens
Eilrrai Goldberg, Clrair � Len.a�', Clrr•istoplrer I�oskores,
Peter Boynton John Simons Assoc.
Sean Kevlalran
Tuesdali December 19, 2023 a, 7 p.nt., 120 Main Street Tows Hall,North Andover,MA 0I$95
100 A photometric plan is not included in the application and snow storage areas are not yet shown on the Plan.
101
102 Department Review comments have been received from NAPD,NAPD, DPW Operations, Building and Health.The Building
103 Inspector cautions that the proposed 20 parking spaces could limit Uses in the future.The multi-tenant building proposes Uses
104 of professional/business office and professional service.
105
106 Scott Najjar,abutter 651 Turnpike Street: Stated lie lives at 176 Kara Dr. and owns the property at 651 Turnpike Street,
107 which abuts the applicant's property.Claimed certified mail needs to be signed for and was not received.
108 E. Goldberg: Reviewed pg. 13 of the application,Certified Abutter Notification List,for the abutter in attendance concluding
109 Linda Jalbert(wife of S. Hajjar),resident of 176 Kara Drive,was included on the certified abutters list.
110 J. Enright: Offered to retrieve the project file,which would include the certified mail slip.Otherwise,a copy could be
111 included in the next meeting packet.
112 Eric Lane,Hayes Engineering: Submitted an NOI to the Conservation Commission, who failed to schedule the public hearing
113 within 21 days; an appeal was filed with DEP. Applicant is awaiting comment from DEP.
114 E. Goldberg:An NOI was filed; it advertised in the paper for 12/13/23 and the hearing was scheduled for 12/13/23.
115 la. Lane: Stated the date was provided by the Conservation Commission and included in the notice; there is still a requirement
116 to hold a public hearing in 21 days.
117 E. Goldberg.:Advised that if permitted,the applicant needs to comply with local wetland regulations with the Conservation
118 Commission and DEP regulations. Conservation may deny the application;they opened the hearing on the 13'1'and the
119 applicant was not present.This Board will hear evidence.
120 E.Lane:This is the re-submittal of a site plan that previously appeared before this Board. Stated that a Special Permit is
121 required for the proposed building with professional office use within the Commercial Development District.The project has
122 been sent to Horsley Witten for peer review and are awaiting comments after the first week of January. Described location of
123 building,noted several commercial uses in the at-ea. Homes at Meadowood Drive are located west,approx.300' away;
124 proposed work greater than 500' from nearest dwelling. The site was permitted two times by another owner,work was started
125 and never completed.Communicated that the property is vacant,overgrown with invasive species and the vacant undeveloped
126 stretch of Willow Street lras since been tinned into an illegal dumping ground. Current owner has removed a significant
127 amount of trash from the area and tries to survey the area frequently to keep it clean. Proposed building mects setbacks and
128 zoning requirements.Accessible van space and a screened du€npster is provided at the end of a proposed emergency vehicle
129 turnaround.Existing utilities will be utilized.A Swept Path Analysis has been performed demonstrating feasibility to NAFD
130 for their review. The proposed building accommodates up to 5 tenant spaces;style similar to one at corner of Rt 114 &
131 Sharpners Pond Rd.Described stormwater.Addressed traffic-97 trip ends per dayll8 AM Peak trips,22 PM Peak trips;
132 proposed increase in traffic is less than 1%per day.Addressed landscaping.
133 E. Goldberg: Questioned where wetland replication is needed on the site.
134 E. Lane: Explained there is an Isolated Vegetated Wetland(created from previous site disturbances)on-site under the local
135 bylaw that the applicant is proposing to replace with a Bordering Vegetative Welland,which has a higher value as a wetland.
136 J, Simons:Requested explanation of the drainage,water table,general topography and drainage direction on site. Stated that a
137 large part of this parcel is wetland.
138 E.Lane: Water from the parking area will flow back toward the right corner of the building where there is a small detention
139 forebay offering treatment. There is also a treatment swale;water will flow around the building and into a pond behind the
140 building; fro►n there it'll flow into the wetland as represented by the arrows on the plan; the rate of runoff is decreasing by
141 having the swale and detention pond behind the building which will store water and slowly release it.
142 J. Enright: Stormwater peer review was sent this morning;consulting services cannot begin until after January 4"`. Applicant
143 conceded he understands the situation.
144 E. Goldberg: Stated the Board will want input from Conservation.
145 S. Haijar,651 Turnpike St.: Explained his abutting property is a residence that he has been trying to utilize commercially for
146 decades;property has not yet been zoned commercially. Communicated that he has been informed in the past that the property
147 is not buildable because it abuts wetlands;believes the property has more upland than 189 Willow Street.Noted the
148 opportunity with the Rt. 114 commercial corridor coming into play. Suggested homeowners on Rt. 114 who have watched
149 commercial development built around their homes finally have the same opportunity as developers who came before this
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Town of North Andover
PLANNING BOARD
Gemnra Wilkens
Eitrrrr Goldberg, Chair . Irn,�� ClrristoPlierlCoslror-es,
Peter Boynton •
John Simons Assoc.
Sean Kevlalrarr
Tuesday December.19, 2023 n, 7P.m., 120 Main Street Town Hall,Nortlr ,An(tover, MA 01845
150 Board with regard to fairness,and equity. Explained the proposed project,if built unilaterally,will flood his abutting property
151 due to anticipated landfill dispersing existing wetlands onto his property and into his basement. Claimed his property
152 represents similar type of wetland the applicant proposes to build oil;deserves to be treated similarly.
153 C.Koskores: Agreed with his point.
154 E. Goldberg:Agreed to research the abutter notification;has concerns for this project based on the presence of wetlands,
155 however not as a small,personal office property.Effect on abutting properties is of significant concern.Communicated that
156 past commercial projects cannot be considered in this evaluation.Understands the concern for approval of this project based
157 on wetlands,flooding and impact to properties.
158 S. Ha"ar: Envisions the redevelopment of Rt. 114 as an opportunity to involve abutting homeowners,businesses,MassDOT,
159 DEP,Planning and Conservation to improve the town and lives of the homeowners in the area by making sound planning
160 decisions. Stated homeowners on Rt. 114 have historically been ignored as commercial development has occurred around
161 them.Noted recent flood damage in town and the Improvement Project on Waverly Rd. Stressed need for a comprehensive
162 plan to utilize the homes on Rt 114 in a commercial fashion consistent with all the other properties.Pleaded with the Board to
163 consider a comprehensive plan for the area.Encouraged Board to deny the proposal.
164 J. Simons: Suggested Board focus solely on the application in front of them.
165 E. Goldberg: Communicated that this application is not a multi-property application;as an abutter it is clear there are flooding
166 concerns. Suggests a future zoning application might be,a consideration for his property.
167 Melinda Perrone,resident 65 Meadowood Rd.: Expressed concern for trash and dumping of large,hazardous items in the
168 area;noted speeding and traffic in the vicinity.Stated that trucks which should be entering the site at The Willows traffic
169 light,but they utilize Jasmine Plaza as a cut through putting pressure on Mosquito Brook twenty feet away.
170 E. Goldberg: Stated this has to go before Conservation;project will have difficulty passing the Conservation Commission
171 with its significant hurdles,this Board will hear it out,gather more evidence and render a decision.
172 J. Simons:Expressed the Conservation piece is paramount;we need to see the peer review.
173 J.J.Ems: Conservation meets tomorrow night;peer review response won't occur for several weeks.
174 E. Goldberg: Communicated that if Conservation closes or denies,the applicant has to reapply to Conservation and re-notice
175 or go through the DEP process;this may account for another month before anything happens.
176 J. Enright: Stated the Conservation Commission closed their hearing and intend to render a decision 12/20/23.Planning
177 Board's next meeting dates are January 2& 16,2024,February 6&20,2024.
178 E. Goldberg: Suggested scheduling the next hearing on January 16th in order to review the status of peer review and the
179 Conservation Commission outcome.
180 E.Lane: Suggested 216/24 as being realistic.
181 [Continued to the February 6,2024 Planning Board meeting]
182
183 DISCUSSION ITEMS
184 MBTA Multi-Family Housing Overlay District draft bylaw
185 J.J. Enright: Reviewed draft bylaw,which has been updated to include redline edits for suggestions made at the last meeting as
186 well as additional recommended edits made. Confirmed the Board is ok with the draft being sent to the state for review.
187 Expressed that the Planning Board process for proposed zoning bylaw amendments will run concurrently with the state's
188 review and that the zoning amendment public hearing will open in February.
189
190 MassDOT 12/7/2023 public meeting regarding the Rt. 114 Roadway Improvement Proieet: P.Boynton to inform the
191 Board of discussions related to the potential for widening the Andover/Elm Street right of way along the frontage of
192 Merrimack College.
193 P.Bo, n�:The meeting was attended by 40-50 people.J. Borgesi,Town Engineer and Janice Phillips, Select Board member
194 attended.MassDOT is at 75%planning and have not started the right-of-way portion which might allow for opportunity.
195 MassDOT responded well to several questions;agreed to talk with their right-of-way group to include Andover/Elm St.Jeff
196 Doggett,Merrimack College was very supportive of it.They said if we had not mentioned this,it would not have been
197 included;it was not part of their planning.They didn't guarantee it will be included,but sounded optimistic that it might be.
198 Jeff Koetteritz,PE was present; it was suggested he draft a concept plan for how this extra lane or lanes work on
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Town of North Andover
PLANNING BOARD
Dian Goldberg, Chair Genrma Wilkens
Clrr{istophet Coslroi
Peter Boynton s� �
John Simons Assoc.
Sean Kevlahan
Tuesday December 19 2023 0(, 7 .gin. 120 Main Street Town Hall North Andover MA 01845
199 Andover/Ehn Street.Everyone was responsive to the idea at the meeting;unsure where the concept goes next. J. Enright to
200 inquire with J.Koetteritz as to the process that will be followed.
201 Melinda Perrone: Goal is to alleviate pressure on Mosquito Brook and wildlife located there.MassDOT is building a larger
202 opening for Mosquito Brook to run kinder Rt. 1 14; suggested consideration of a signal light at Jasmine Plaza and increasing
203 the parking lot depth away from Mosquito Brook.Pavement from the parking lot is deteriorating into Mosquito Brook,Noted
204 the car wash and Jasmine Plaza entrances are un-signaled and heavily traveled;3 lanes of traffic become two lanes in that
205 area.
206
207 E. Goldberg: Suggested an update from the 400 Great Pond Rd. Steering Committee be placed on the next agenda.
208
209 MEETING MINUTES: Approval of the December 5,2023 meeting minutes.
210 MOTION: S. Kevlahan made a motion to accept the minutes for December 5,2023.J. Simons seconded the motion.The vote
211 was 5-0, unanimous in favor.
212
213 ADJOURNMENT
214 MOTION: P. Boynton made a motion to adjourn the erecting.The motion was seconded by S. Kevlahan. The vote was 5-0,
215 unanimous in favor. Meeting adjourned @ 8:30 p.m.
216
217 MEETING MATERIALS: Planning Board Meeting Agenda December 19,2023,DRAFT Planning Board Meeting
219 Minutes December 5,2023;Staff Report; 231219 Staff Report; 1600 Os-good Street,(Lot A),Hillwood Enterprises, LP:
219 200520 Lot A SP-SPR Decision,201006 Lot A SP-SPR(Modification)Decision,231128 1600 Osgood St As-Built Survey;
220 220 Sutton Street,224 Sutton Street,LLC(Charles T,Matses): Limited Site Plan Review:Application:231121 LSPR
221 Application, Plan 220 Sutton Rd Tenant Fit-out,Department Review:231121 Conservation Comment,231206 NAFD
222 Comment, Locus—220 Sutton Street,231219 Draft LSPR Dec 220 Sutton St; 189 Willow Street,VinceiiJ. Grasso:
223 Application:2023 11 06 Willow St A2.00 1 lxl7,2023 11 06 Willow St First Floor Plan,Narrative and Applications,Site
224 Plan,Department Review:230327 Health Comment,230327 NAPD Comment,231115 DPW Operations Comment,231129
225 Building Dept. Comments,231213 NAFD Comment,Presentation Material:231219 Planning Board Meeting,Locus--651
226 Turnpike Street; MBTA Multi-Family Housing Overlay District draft bylaw:231219 META Draft Multi-Family Housing
227 OD.
228
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