HomeMy WebLinkAbout2024-02-20 Planning Board Minutes i
Town of North Andover
PLANNING BOARD
Christopher'Dian Goldbet'g, Chair Gerrtnta Wilkens
En� r'.K�oskores,
Pere,'Boynton " �� •,
John Simons Assoc.
Sears Kevlahan
Tuesday February 20, 2024 rr, 7 pxh, 120 Main Street- Town Hall,North Andover, MA 0.1845
I Present/Planning Board: E. Goldberg, P. Boynton S. Kevlalia r, G. Wilkens
2 Absent: C. Koskores, J. Simons i
3 Staff Present: J. Enright
4
5 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, February 20, 2024,was called to order at 7
6 p.m.
7
8 CONTINUED PUBLIC HEARINGS
9 189 Willow Street,Vincent J. Grasso: Continued until March 12,2024.Application for a Site Plan Review and Corridor
10 Development District 1 Special Permits under Article 8 Supplementary Regulations,Part 3 Site Plan Review,Article 16
11 Corridor Development District,and Article 10 Administration(195-10.7)of the North Andover Zoning Bylaw. The
12 Applicant proposes construction of a 6,777 SF single story building with 20 parking spaces, associated driveway,utilities and
13 associated improvements.The project is located within the Corridor Development District I (CDD1)Zoning District.
14
15 MEETING MINUTES: Approval of the February 6,2024 meeting minutes.
16 MOTION: S. Kevlahan made a motion to accept the minutes for February 6,2024. P.Boynton seconded the motion.Tire
17 vote was 4-0,unanimous in favor.
18
19 350 WintliroI2 Avenue DSM Realty,Inc.: Application for a Site Plan Review Special Permit Modification under sections
20 195-8.17 Revisions to Approved Site Plans and 195-10.7 Special Permits of the North Andover Zoning Bylaw to perform
21 both building and site improvements to the North Andover Mall. The redevelopment program consists of renovating the
22 existing Kohl's tenant space to accommodate the relocation of Market Basket. The vacated Market Basket tenant space will
23 be renovated to accommodate Kohl's and approximately 17,600 SF specialty retail shops. Additional improvements include
24 parking lot upgrades,improved traffic circulation, increased landscape area,upgrades to existing stormwater management
25 system,and site lighting improvements. The property is located in the B-3, B-4&R-4 zoning districts.
26 J.Enright: Stor€nwater peer review is complete; all NAFD comments were addressed. Conservation requested updated plans
27 at their 2/14/24 meeting including a taller fence on the south side to prevent trash from entering the wetland area and for the
28 roof runoff to be taken offline in the storrnwater treatment chain to the rear of the building thus better separating pavement
29 r€uroff fro€n clean runoff.They requested a plan showing how they'll remedy the erosion at the twin 36"culverts to the rear of
30 the property.Revised plans were submitted 2/19/24.A draft decision is prepared for the Board's consideration. Special
31 Conditions 24,26,&27 specifically address concerns for noise and overnight delivery activity. Conservation prefers to know
32 Planning's decision prior to their consent.
33 Brian Dundon PE RJ O'Connell&Associates. Inc.: Had no further comments to contribute.
34 E.Goldberg:A second letter was received from Walk/Bike/Andover.Thanked them for their input,comments and concerns
35 regarding the project;no further public comment has been received.
36 P.Boynton: Recently drove site noting potentially new signage evident at south side of plaza displaying hours of operation;
37 there was no signage at the opposite end where there was means to stop traffic.A potential wall could be considered as a
38 noise mitigating element in the future behind Kohl's;periodic site performance reviews to allow for other remedies will be
39 essential to condition in the decision.
40 S.Kevlahan:Noted Condition#24 references one corner. Given potential for traffic coming the other way,suggested
41 measuring the other corner.Measuring both entrances&exits confirms the flow of traffic is correct.
42 Jim Lamp,PE-LT Development,representhrg Market Basket:There is a gate located to the north side of the building that is
43 typically closed.Believes traffic is restricted to the south end of the building. Will investigate why gate was not closed.
44 P.Boynton:Hours of operation were originally specified;they were not adhered to,you rectified that. If that issue was
45 overlooked for some time,we need to assurance to know what will be in place to keep the gate closed when you are no longer
46 checking it.
47 J. To address the Conditions of Approval,we are filming for at least a two-year period;adding cameras to watch this.
48 J. Lain : Because no work is being done to all the other buildings,a camera will be placed to the end of the loading dock.
49 Proposed as part of this project there will be 3-4 cameras on the rear and front of the building that we do not have currently,
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Town of'North Andover
PLANNING BOARD
Eitan Goldberg, Chair �cr�en, Gemma Wilkens
Peter Boynton ChristoPlrer ��oskores,
John Simons
Assoc.
Sean Kevlahan
Tuesday February 20 2024 7 pan., 120 Main Street- Town Hall North Andover MA 01845
50 typically mounted on the light poles that run 24/7.Nixed positions can be placed on them to watch the 9:00 PM-7 AM period.
51 These cameras can zoom, be adjusted or fixed and will capture license plates on violating trucks,etc.
52 P.Boynton: Would like to see both ends of the shopping plaza entries,exits and activities,traffic to and from the rear.
53 F. Goldberg: Performance reviews will be addressed in the decision/Conditions#24,26,27,i.e.,whether procedures and rules
54 are being followed,decibel testing for noise over a period of time,etc. Once resolved,this doesn't end our ability to enforce
55 the permit.This permit condition is for 2-years;however,we still can enforce the permit beyond that,based on
56 communication. We are relying on assurances made and changes discussed in these hearings. Improvements were made since
57 this hearing opened.We are implementing the least restrictive conditions. We can increase conditions as needed for
58 compliance with the permit should future issues arise;additional screening, installing a noise barrier wall, etc.,if conditions
59 are not met.Findings of Fact should include that we considered more significant restrictions,but at this time we are not
60 imposing them as they are not necessary. A General Condition should include appropriate screening for noise, light,nuisance
61 and hours shall be maintained as discussed;should they not,the Board will consider further conditions.
62 MOTION: S.Kevlahan made a motion to close the public hearing for 350 Winthrop Ave,DSM Realty,Inc.P.Boynton
63 seconded the motion.The vote was 4-0,unanimous in favor.
64 MOTION: S. Kevlahan made a motion to approve the Site Plan Review Special Permit Modification,for 350 Winthrop Ave,
65 as amended,P. Boynton seconded the motion.The vote was 4-0,unanimous in favor.
66
67 NEW PUBLIC HEARINGS
68 Annual Town Meeting Zoning Bylaw Amendment Articles:
69 • META Communities Multi-Family Housing Overlay District
70 • ABTA Communities Multi-Family Housing Overlay District Zoninp,Mate Amendment
71 J.Enright:These articles are in the same draft form previously reviewed by Board. Bylaw was sent to the State 1/4/24 for
72 their pre-adoption review.On 2/2/24 they confirmed our application was complete and their review was commencing and will
73 be completed within 90 days of submittal.A request for legal opinion was made to Town Counsel regarding the required
74 quantum of vote(supple majority or 2/3rds);opinion is outstanding.Parking requirements for restaurant uses remains an open
75 item; sample parking requirements from surrounding town bylaws are included in your packet. Our existing requirements are
76 very stringent calling for Restaurant(non-fast food and/or without drive thru)and Fast-food requiring 15 spaces per 1K sf of
77 Gross Floor Area;Fast food(with drive-thru)requires 12 spaces per iK sf of Gross Floor Area.This doesn't account for
78 employees vs.customers,number of seats,whether it is simply a bakery or candy store,turnover time,located in a plaza or
79 stand alone,etc.
80 E. Goldberg: Regarding the quantum of vote,the Housing Choice Act requires multi-family by right.
81 J.Enright: It does,it's the co-mingling of all other commercial uses we are considering that are of concern.
82 Andrew Shapiro,Asst.Town Manager,Director Community&Economic_Development&Kayla Rennie,MVPC:
83 Summarized the North Andover MBTA Communities Forum for public benefit. MVPC public agency tasked with supporting
84 15 towns and cities in the region.Recent planning efforts have focused on zoning and housing based on recent state
85 legislation passed in 2021 addressing options for communities and their compliance.Voters will face this decision at Town
86 Meeting.Law applies to all cities and towns with META transit stops or communities with bordering transit stops with the
87 goal of addressing MA housing shortages. Law requires communities to create a zoning district for multi-family housing by
88 right;it is not a production mandate,but a zoning exercise.This was vetted,voted upon and passed by state legislators under
89 the previous legislation as state law.There are consequences to the town in the form of funding if we don't comply.
90 P.Boon: It's unfortunate some type of credit or acknowledgement wasn't made for towns,such as North Andover,that
91 have been addressing and building multi-family housing,extensively.
92 K. Rennie: MVPC's role is to work with state requirements to put forth the best plan.Ultimately this will be decided by voters
93 at Town Meeting.Housing cannot have age restrictions,restrict the number of bedrooms and must accommodate a minimum
94 of 15 units per acre.For communities with a transit stop,a portion of the district must be within 0.5 miles of the station(not
95 applicable to North Andover).Briefly touched on surrounding town requirements with stops and adjacent communities.
96 District must be at least 50 acres,and have a capacity for multi-family units equal to 10%of the community's entire housing
97 stock.North Andover is required to create 1,191 units. Showed examples in context of what 15 units per acre might look like;
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Town of North Andover
PLANNING BOARD
Eitara Goldberg, Chair Geraanaa Wilkens
Christopher Koslror es,
Peter'Boynton
Jolrra Simons Assoc.
Semi Kevlalaan
Tuesday February 20 2024 ((4 7 .m. 120 Main Street- Totwn Hall Nor'tlr Aradaver MA 01845
98 127 Marblehead St,-40 Units/Acre,34 Main St.-38 Units/Acre,90 Sutton St.-29 Units/Acre,149 Main St.-38 Units/Acre,
99 Avalon Bay-18 Units/Acre,Princeton Properties-21 Units/Acre.
100 A. Shapiro:This demonstrates the 15 units per acre is a lower density standard than some of the high profile,larger,recent
101 developments.
102 K. Rennie: The Town controls location of tine district(s),setbacks,height requirements,'parking, open space and can require
103 some affordability in future developments. Any proposed plan is subject to Plan Review including stormwater management,
104 traffic circulation/generation,utility capacity,emergency access, design standards.All developments must comply with
105 relevant environmental protection laws. Deadline for compliance by town is 12/31/2024. Immediate goal is Town Meeting
106 this May; if not passed,the AG may pursue legal action against non-compliant communities, leaving those communifies
107 ineligible for over 12 state grant programs.North Andover has accessed over$6.2 million in funding from these programs.
108 A. Shapiro:We'd like to complete the Shared Use Path from Main St. to High St.requiring partial finding from the state in
109 addition to significant other projects we are currently tying to accomplish.
110 K.Rennie: Addressed public engagement which started in 2022;this being the 14"'meeting in North Andover where Section
111 3A Compliance was discussed in a public meeting. Focused feedback was received in 2023 at 4 separate meetings and several
112 Planning Board meetings.Factors discussed included acreage,location and proximity to transit,expanded walkability and
113 pedestrian access and access to commercial centers.
114 A. Shapiro:Referenced alternative sites considered.Royal Crest(75 acres),Eagle-Tribunc(11 acres),Downtown/Sutton
115 Street,East/West Mills(36 acres),and Princeton Properties(14 acres)and discussed the pros/cons for each.
116 K.Rennie: State created a tool for communities to use to test dimensional criteria for potential districts including,minimum
117 lot size,maximum units per lot,building height,floor area ratios(FAR), lot coverage,setbacks,parking ratios. MVPC
118 confirmed North Andover proposal is in compliance noting North Andover Mall(35 Acres)is being considered as well as
119 Osgood Landing(58 acre) district.
120 E.Goldberg: It is my understanding Market Basket has no intentions of building residential housing there.'
121 A. Shapiro: Doubts their interest based on tine current renovation proposal in front of the Board.
122 E. Goldberg: We are simply confirming that in the near and distant future these specific sites work and are appropriate. If this
123 passes,housing is already allowed at Osgood Landing; it was recognized as a 40R zoning district in 2007.
124 A. Shapiro: Osgood Landing is close to 495 and commercial businesses along Rt 125,has gateway improvement
125 opportunities,potential for McVa bus expansion and MBTA commuter rail access and aligns with Master Plan strategies.
126 Existing utilities are in place there. Defined zoning highlights: 4 stories or 55 ft.providing commercial use exists oil ground
127 floor or parking garage,max building lot coverage 30%,minimum open space required 30%of total parcel size, 1.75 min.
128 parking spaces per unit,max units per acre is 15.It will be challenging for developers,to achieve greater density they will
129 require a special permit.Not proposing to eliminate underlying zoning in this location; overlays in place remain in effect. We
130 need to consider flow this affects the quantum of vote;rezoning for uses other than multi-family housing requires 2/3 quantum
131 of vote,the Housing Choice legislation states a multi-family housing bylaw cannot be combined with another aspect requiring
132 2/3 vote,in one vote.Unsure if current bylaw complies with that standard;goal would be to come in under the Housing
133 Choice legislation. We will need to find a mechanism in order to introduce the commercial uses we'd like to see in the district
134 and ensure Nye are passing an MBTA Communities compliant zoning district. Working closely with Town Counsel who is
135 communicating with the AG's office in addition to relying on the counsel of MVPC. Recognized Jean's efforts on this bylaw.
136 E. Goldberg: We need to pare this down to the simplest,functional solution and we need to explore what to include in a brief,
137 concise presentation at Town Meeting,
138 A.A. Shapiro:Next steps are to obtain more community feedback in advance of May 14,2024 Town Meeting.
139 J.J. Enright:No public comments were received this evening. Clarified housekeeping edits and will submit bylaw to Town
140 Manager's Office(and zoning Map Amendment)for inclusion in the warrant;bylaw can still be revised throughout the
141 hearing process.
142 (Continued to the March 12,2024 Planning Board meeting)
143
144 (P. Boynton recused himself from the meeting at 8:30 p.m.)
145 DISCUSSION ITEMS
146 Potential Citizen Petition warrant article,,lames Worden: Historic Barn Overlay District.
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Torun of North AndoiYer•
PLANNING BOARD
Eitan Goldberg, hair Genvrra Wilkens
g' ' SLn Christopher Koskores,
Peter Boynton •
John.Simons Assoc.
Sears Kevlahan
Tuesday February 20, 2024 (a, 7 pan., 120 Main Street- Town Hall,North Andover,MA 01845
147 J.Enright:Proposed Historic Barn Overlay District bylaw has been formatted along with an associated Zoning Map
148 amendment.Petitioner would like feedback from the Board.Assuming this moves forward,a calendar was discussed with a
149 Thursday 2/22/24 submission to the Clerk,noticing the article in the Tribune 2/26&3/4/24 anticipating a public hearing
150 opening 3/12/24. This allows for the Board to conduct three public hearings,giving the Board the opportunity to vet and
151 decide whether they would like to sponsor the articles.
152 James Worden,resident, 84 Academy Rd: Resident concern was raised that this petition isn't clearly laid out and has no effect
153 on what a homeowner,property owner or resident can do on their property under RUR3 in the district;this is different and has
154 to do with a non-owner or non-resident use of the facility for these limited purposes for rent or lease.Inquired if it makes
155 sense to add a sentence that this article has no affect on what a property owner or resident can do on their property.
156 E. Goldberg: The underlying zoning still applies;if the activity is currently allowed,residents don't need a permit.
157 P. Boynton: If submitted as a Citizen's Petition with 20 certified(registered voters)signatures,the first signature becomes the
158 petitioner.May be withdrawn if the Board decides not to sponsor it,or Board adopts it as a Planning Board sponsored article.
159 E. Goldberg: Prefers to let the process play out over the public hearings prior to the Board voting to sponsor the article.
160
161 (P.Boynton rejoined the greeting at 8:47p.m.)
162 ADJOURNMENT
163 MOTION: S.Kevlahan made a motion to adjourn the meeting. The motion was seconded by P.Boynton.The note was 4-0,
164 unanimous in favor.Meeting adjourned a 8:48 p.m.
165
166 MEETING MATERIALS: Planning Board Meeting Agenda February 20,2024,DRAFT Planning Board Meeting Minutes
167 February 6,2024;Staff Report:240220 Staff Report; 189 Willow Street,Vincent J.Grasso: Continuance: 240130 Con't
168 Req to 3.12,24;350 Winthrop, Ave. DSM Realty,Inc.: Department Review:240208 NAFD- final,Plans:2024-02-19
169 North Andover Mall Redevelopment Complete Set,Public Comment:240219 WalkBikeAndover,240220 Decision 350
170 Winthrop Ave---draft;ATM Zoning Bylaw Amendments: MBTA Communities Multi-Family HousingOverlay verlay District:
171 240220 MBTA Draft Multi-Family Housing OD,240220 PB Summary MBTA Forum,North Andover MBTA Forum,
172 Sample Parking Requirements,MBTA Communities Multi-Family Housing Overlay District Zoning Map Amendment:
173 MBTA Multi-Family Housing OD Map Amendment;Potential Citizen Petition warrant article,James Warden:230208
174 Draft Map Amendment,240214 Clean Historic Barn Overlay District Bylaw.
175
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