HomeMy WebLinkAbout2024-03-12 Planning Board Minutes Town of North Andover 3 19 � "24
PLANNING BOARD
Eitati Goldberg, Chair Genrttta Wilkens
�
Peter Boyntonu "r 6 ChHstopher Koskores,
•
Johtt Sitttorts Assoc.
Seats Kevlahan
Tuesday March 12, 2024 a, 7.00 o.in., 120 Main Sheet- Town Hull,North Andover-,MA 01845
1 Present/Planning Board: E. Goldberg,J. Simons,P. Boynton S. Kevlahan, G. Wilkens, C. Koskores,Assoc.
2 Absent:
3 Staff Present: J. Enright
4
5 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, March 12,2024,was called to order at 7 p.m.
6
7 DISCUSSION ITEMS
8 40 Flagship Drive: Conservation Commission's request for the Board to consider revocation of the Site Plan Review Special
9 Permit granted to DWT Holdings,LLC to allow for the construction of a 15,100 SF single-story metal building with
10 associated parking, landscaping,utilities and storrnwater management design at 40 Flagship Drive
11 J. Enright: July 2021 the site was under construction and completely denuded of vegetation with active earth movement,
12 grading and soil manipulation.A severe storm event overwhelmed the site's perimeter erosion controls and the temporary
13 sediment basin was by-passed on M121. Heavily sediment-laden storrnwater ran off the site down Flagship Dr. into catch
14 basins and surrounding properties,terminal catch basins dumped runoff directly into the bordering vegetated wetland at 85
15 &115 Flagship Dr. and 400 Willow St.properties resulting in the NACC taking regulatory jurisdiction over the subject site
16 and project due to the impacts within the wetland as a result of the uncontrolled runoff emanating from the site.A series of
17 Enforcement Orders and fines have been issued since July of 2021.Project owner demonstrated compliance with NACC's
18 early Enforcement Orders with immediate site stabilization and sediment basin clean out.However, the owner has been non-
19 responsive to restoring the impacted wetlands to their previous condition and filing a now-required Notice of Intent for the
20 project site. The owner has failed to meet requirements of the Enforcement Orders, despite significant penalty fines. Recently,
21 the owner's insurance company cancelled their$10K surety bond(dated 12/20/23).NACC asks the Planning Board to
22 seriously consider revocation of the special permit in light of the owner's negligence to maintain compliance thereto, as well
23 as the problematic and protracted wetland enforcement process. Presented newspaper article describing North Adams Council
24 who gave the Planning Board authority to revoke permits along with the ordinance they approved. Article details revocation,
25 suspension, and alteration of special permits noting concern over the ordinance's legality.City officials found the opinion of
26 the city solicitor"vague"on whether a Planning Board had the ability to(evoke special permits and they saw that as an
27 opening to pass the ordinance.A legal opinion from KP Law points to MGL 40A Section 7 also included in the article.
28 J, Simons: The property is currently for sale.Unfortunately,there is no bond to revoke to clean the site up. Suggests looking
29 at bond procedures.Purpose is to protect the town;very problematic if someone can revoke a bond by not paying their
30 premium. Questioned the tune clock.
31 J. Enright:The property is under a Cease-and-Desist Order through the Building Dept.;owner is being fined regularly through
32 the Conservation Commission. Commission has requested in writing if the Board would consider revoking the permit which
33 the zoning bylaw doesn't allow for;the permit runs with the land.There is a time clock to continence the work;clearing of the
34 trees,as conditioned,commenced the permit;site has been substantially cleared and stabilized for a year.
35 E.Goldberg: There is no ability to seize the bond if cancelled;we have no recourse without it. We don't have the right to
36 revoke a permit.They are violating zoning by not being in compliance.Legally,we have no options,you could require them
37 to return for a permit modification,or write a letter to the Building inspector stating their non-compliance to enforce the
38 permit which is already happening.Perhaps require an alert from the banks prior to Surety Bond cancellations.
39 E.Goldberg: Counsel may advise how to enforce future Surety Bonds;raise the amount,require notification as the protected
40 interest. It should remain a low amount;purpose is that it's affordable.
41 315 Turnpike Street,Merrimack College(owner) and Greystar(developer): Request for Minor Modifications to the Site
42 Plans as shown on the attached Corner Development Project at Merrimack College plans revised on February 20,2024,
43 design overlays and review of the potential for construction of an additional travel lane on Andover Street/Elm Street.
44 Jeff Dogutt,Exec.V.P.,CFO,Merrimack College&Jeff Koetteritz,PE, VI-lB: Presented Corner Development Project
45 adding a third travel lane for traffic heading onto Rt. 114 ftorn Andover/Elm St.MassDOT held a public hearing on campus
46 which was successful and well attended.Reviewed slides of the plans showing setbacks.Mirror modifications include
47 tweaking entrances to buildings, landscape plan showing consolidation of utility yards,grading and drainage showing
48 relocation of one of the sub-surface tanks creating additional reduction for 25 yr.storm events, increasing the stormwater
49 management systems. Grading updates address new building entrances.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair ��r Gentma Wilkens
Peter Boynton Christopher^Ifoskores,
John Sirrtons
Assoc.
Sean Ifevlahran _
Tuesday Mardi 12, 2024(t , 7:00 p.m., 120 Main Street-_Town Hall, North Andover,MA 01845
50 J.El rig-b : Changes were sent for stormwater peer review. The first response letter has been received and the applicant has
51 responded to those comments. Final sign-off is expected next week.When the changes were sent to the peer reviewer her
52 response was that the proposed changes are minor in nature,but that the calculations needed to be checked.
53 E.Goldberg: Suggests MassDOT be invited to a meeting to present an update on the Rt. 114 Project and added travel lane to
54 the Board.
55 MOTION:P.Boynton made a motion to deem the modifications as minor and allow approval by the Planning Director upon
56 sign-off from the 311 party consultant,for 315 Turnpike St.,Merrimack College, J. Simons seconded the motion.The vote was
57 5-0,unanimous in favor.
58
59 BOND RELEASE
60 335 Willow Street,Muffin 3X,LLC: Request for release of $5,000 performance bond associated with an approved Site
61 PIan Review Notice of Decision dated October 6,2020 which allowed for construction of two additions onto an existing
62 structure totaling 8,708 SF with associated upgrades to parking,utilities, stormwater management, lighting,and landscaping.
63 J.Enright:The as-built plan and engineer certification are in your packets. Condition 30 of the approved decision required a
64 sound study be considered prior to release of the bond.This study was to be compared to the sound study conditioned at the
65 start of construction;no concerns with the study results.
66 351 Willow Street Muffin Realty Trust: Request for release of a$10,000 performance bond associated with an approved
67 Site Plan Review and Reduction in Parking Notice of Decision dated February 17,2015 which allowed for construction of an
68 l 1,168 SF building addition,a new parking area,new stormwater management system, and to allow for a 35%reduction in
69 the required parking spaces for the facility.
70 J.Enright: The as-built plan and engineer certification letter are in your packets. Condition 17 required a parking space
71 occupancy rate study over a 3-day period for the day and night shift approximately 1-year after the issuance of the Certificate
72 of Occupancy.The Condition was overlooked;however,a parking letter describing sufficient space availability at both 351
73 Willow and 335 Willow is in your packets. Condition 18 required evidence that usage of the newly constructed parking area
74 has not created any hazardous impact on traffic utilizing Rte. 125 approximately 1-year after issuance of the Certificate of
75 Occupancy.As an alternative,the applicant installed a fence at the perimeter of the parking lot during construction.No
76 complaints have been received regarding negative impacts to Rt. 125. Condition 19 required confirmation as to whether
77 construction was in compliance with all approved plans and conditions set by the Conservation Commission,BOH,ZBA and
78 Div. of Public Works.Each department was ernailed;no concerns expressed. Certificate of Compliance was approved by the
79 Conservation Commission.
80 MOTION: S.Kevlahan made a motion to approve the full bond releases,plus interest, for 355 Willow Street,Muffin 3X,
81 LLC&351 Willow St.,Muffin Realty Trust.J. Simons seconded the motion.The vote was 5-0,unanimous in favor.
82
83 CONTINUED PUBLIC HEARINGS
84 189 Willow Street Vincent J. Grasso:Request to Continue to April 2,2024 Planning Board Meeting.Application for a
85 Site Plan Review and Corridor Development District I Special Permits under Article 8 Supplementary Regulations,Part 3
86 Site Plan Review,Article 16 Corridor Development District, and Article 10 Administration(195-10.7)of the North Andover
87 Zoning Bylaw, The Applicant proposes construction of a 6,777 SF single story building with 20 parking spaces,associated
88 driveway,utilities and associated improvements.The project is located within the Corridor Development District 1 (CDD1)
89 Zoning District.
90 J.Enright: The public hearing for this application opened 12/19/23.Applicant has continued each meeting until tonight.
91 Today we received request to continue to 4/2/24.No new information has been received from the applicant at the time of
92 agenda posting.
93 E. GoIdber :Prefers applicant appear before Board on April 2,2024;Board either needs to vote or be provided with an
94 update as to what's happening.If these issues tape 6 months or more,it is an unfair manner in which to proceed.
95 [Continued to the April 2,2024 Planning Board meeting]
96
97 NEW PUBLIC HEARING:
98 115 Winter Sheet,Adrianne&Adam Rainas: Application for a Watershed Special Permit under Article 4 Part 5 and
99 Article 10 Section 195-10.7 of the Zoning Bylaw to authorize construction of an in-ground pool and patio partially within the
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Town of North Andover
PLANNING BOARD
Eitan Goldherg, Chair Gerrrrrra Wilkens
s �• Cltr•istopirer Koslcores,
Peter Boynton •
Joint Simons Assoc.
Sean Kevlahan
i
Tuesday March 12 2024 r :00p.m., 120 Maim Street- Towrr Hall North Andover MA 01845
100 150'non-disturbance zone and within the 400'non-discharge zone of the Watershed Protection District. The property is
101 located in the Residential I zoning district.
102 Thor Akerley,PE,Williams& Sparages: Provided brief summary of proposed inground pool project.Pool and hardscapes
103 were located as close to the house as possible to maintain safety for children. Pool is 684 SF,patio will be bordered by stone
104 infiltration trench.An Operations&Maintenance Plan was provided for trench and pool equipment. Satisfied all peer review
105 comments;waiting on final sign off.Proposed addition of a new permanent structure within the non-disturbance zone requires
106 approval of a variance from ZBA; application was filed.with ZBA 2/5/24 and the public hearing opens 3/19/24, Property is
107 quite limited as to where to site a pool,No tree cutting or vegetation to be disturbed.
108 J. Simons: Inquired as to how many feet from the edge of the wetlands to the permanent structure.
109 T.Akerley: Approx, 130 ft.to the pool itself with the erosion controls being an additional 10 ft.off the pool.
110 J.Enright: Stormwater peer review is complete,but final sign-off has not been received.A Draft decision is included in the
111 meeting packet conditioning evidence of a recorded variance decision prior to issuance of a building permit. If the Board
112 prefers to wait until the ZBA hearing opens,the decision may be carried to the April 2nd meeting.
113 (E.Goldberg recused himself from voting on the project due to potential of a conflict of interest.)
114 Board: Decided to postpone the vote until after the ZBA meeting.Board associate member is eligible to vote on this matter.
115 J. Enright: Revisions to the plan include the addition of a silt fence to supplement the mulch sock along the limit of work, a
116 note adding use of construction matting was added to the site plan, and the O&M Plan was revised to include dechlorinating
117 the water prior to being pumped to the infiltration system and a description of the filter and owner's manual is attached to the
118 plan.
119 P.Boynton: This is very close to the lake.Project is 130 ft,to the wetland connected by a stream which runs directly to the
120 lake which is like luavhig an express lane from that location into the drinking water supply.We are making sure that the
121 normal practices and requirements are being accomplished.
122 E. Goldberg: We require peer review sign off and the ZBA decision to ensure this is in compliance with our Zoning bylaws.
123 [Continued to the April 2,2024 Planning Board meeting]
124
125 CONTINUED PUBLIC HEARING:
126 Annual Town Meeting ZozihiE Bylaw Amendment Articles:
127 • MBTA Communities Multi-Family Houshia Overlay District
128 • MBTA Communities Multi-Family Housing Overlay District Zoning Map Amendment
129 J.Enright:This is the 2"d public hearing for these Articles;no public comments were received.Town Counsel has weighed in
130 on the quantum of vote. As drafted previously,Town Counsel determined it would require a 2/3rds super majority,redline
131 edits were proposed that would result in a simple majority requirement compliant with the Housing Act. Proposed edits
132 specify that a development or redevelopment brought forward under this bylaw shall include an allowable residential
133 component(townhouse and/or multi-family residential homes). State confirmed their pre-adoption review will be complete by
134 4/3/24.Town Counsel's legal opinion regarding the quantum of vote for the redline version of the draft bylaw is included in
135 the meeting packet.With the addition of these edits an opinion letter was submitted stating the vote threshold is simple
136 majority. She advised the addition of the following sentence in §195-19.5 Establishment;Map,"The Town of North Andover
137 zoning Map will be amended in accordance with the passage of this Article 19 at Town Meeting"would result in an
138 independent zoning map amendment article being unnecessary.
139 E. Goldber : If combining articles is applicable to all articles,Board will inquire if we can proceed in that manner for the
140 Historic Barn Overlay District.
141 J.Enright: Draft was forwarded to 1-lousing and Livable Communities for review and compliance, as well as the AG's office
142 for prelinninauy review.
143 [Continued to the March 19,2024 Planning Board meeting]
144
145 (P. Boynton recused himself frown the meeting at 7:45 p.m.)
146 NI;W PUBLIC HE,
147 Citizen Petition Warrant Article,.Iannes Wordew Historic Barn Overlay District.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair. Genima Wilkens
• Cl:r�isfopher Koskores,
Peter Boynton •
John Simons Assoc.
Sean Kevlahan
Trresday March 12, 2024(a,, 7:00 p.m., 120 Main Street- Town Hall,North.Andover,MA 01845
148 J.Enright: The proposed bylaw amendment was sent to the Town Clerk and signatures have been certified. The Warrant
149 closed 3/11/24. The text for the bylaw amendment is the same as was discussed at the 2/20/24 meeting;however,the map
150 amendment was submitted with different language than was presented during that meeting.
151 James Worden,resident/petitioner,84 Academy Rd.: Briefly summarized petition explanation as narrow use, low impact,
152 designed to give purpose and use to a historic barn beyond what a homeowner might have.Helps in maintaining historic
153 structures by breathing new life,income and with a very narrow use.Petitioner's specific idea is to do prototype tinkering
154 with solar boats at the existing Kittredge cow barn on Academy Rd. Opportunity to do entrepreneurial development in town in
155 a low impact manner with no visible activity from the barn exterior.Article defined to former,agricultural historic barns(50
156 years or older).
157 E. Goldberg:This is a narrow,refined,zoning amendment to change the zoning in the Old Center Historic District only;it
158 could possibly be expanded to other areas in the fiiture.
159 Michael Lenihan,resident, 58 Osgood Street:Requested clarification of underlying zoning versus proposed Overlay District.
160 Board Clarified petition will not change the underlying zoning or use.
161 J.Enright: Will inquire with Counsel regarding combining Citizen Petition Article and Map Amendment.No public
162 comments received regarding this article.
163 [Continued to the March 19,2024 Planning Board meeting]
164
165 (P. Boynton rejoins the ineeting cr 8:05 p.in)
166 MEETING MINUTES: Approval of the February 20,2024 meeting minutes.
167 MOTION: S. Kevlahan made a motion to accept the minutes for February 20,2024.P. Boynton seconded tine motion. The
168 vote was 5-0,unanimous in favor.
169 P.Boynton:Recently attended net geo-thermal energy presentation at the Historical Society. Potential for$4 million dollars in
170 grant funding from the State(from Columbia gas settlement)for potential pilot projects providing mixed-energy use to
171 income-restricted housing.Utility companies install these fairly shallow systems to provide energy to replace outdated natural
172 gas pipelines.Local prototypes in Framingham&Lowell will be completed in April. Wondered if the town should pursue this
173 grant opportunity.
174
175 ADJOURNMENT
176 MOTION: S.Kevlahan made a emotion to adjourn the meeting. The motion was seconded by P.Boynton.The vote was 5-0,
177 unanimous in favor.Meeting adjourned a 8:18 p.m.
178
179 MEETING MATERIALS: Planning Board Meeting Agenda March 12,2024,DRAFT Planning Board Meeting Minutes
180 February 20,2024;Staff Report:240312 Staff Report;40 Flagship Drive: Cancellation of Surety Bond,MGL Ch.40A
181 Section 7,NACC Letter to PI3—40 Flagship 02-21-24,North Adarns newspaper article,North Adams Zoning Ordinance
182 Admin. &Enforcement,Recorded Decision;315 Turnpike Street,Merrimack College(owner)and Greystar(developer):
183 Insubstantial Change: Stornwater Peer Review: 240307_I"—SWPeerReview_MerrirnackCollegeU, 11562,34_Corner
184 Development Project—O&M Plan [2024-02-20], 11625.34_Corner Development Project—Site Plans [2024-02-20] -,
185 11625.34_Corner Development Project—Stormwater Report[2024-02,240220 Corner Development Project--Site Plan
186 Minor Modifications Memo,Presentation_NAPB Minor Modifications FINAL;335 Willow Street Muffin 3X,LLC: Sound
187 Study:201113 Condition#15—Baseline Sound Impacts,240306 Condition 30 Sound Study,335 Willow St-As-Built Plan,
188 Eng Cert 335 Willow St,Recorded Site Plan Review Special Permit Decision;351 Willow Street,Muffin Realty Trust:
189 Parking Study 240306 Parking Letter,351 Willow Street-As-Built Plan,20150217 SPR Recorded Decision,20161117
190 Insubstantial Change,Eng Cert Willow St.; 189 Willow Sheet,Vincent J. Grasso:Abutters List: 651 Turnpike Sheet cert.
191 and Notice,USPS Tracking Report,Ap licp ation:2023_I I_06 Willow St A2.00 l Ixl7,2023_11 06 Willow St First Floor
192 Plan,Narrative and Applications, Site Plarr, Conservation Commission OOC Denial:242-1881, 189 Willow Street OOC
193 DENIAL,Continuance Request: Con't Reel to April 2"d,Department Review:230111 NAFD Comments,MassDEP Appeal
194 Dismissal----Applicant Appeal:231219 242-1881, 189 Willow Street—MassDEP Dismissal Letter,Appeal of DEP dismissal
195 OADR_Notice of Claim-1-4-2024—Final, Stormwater Review: 2012 Flood Map,2023 Preliminary Flood Map,
196 240112__HW PeerReview-189WillowStreet; MBTA Communities Multi-Family Housing Overlay District: Quantum of
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Town of North Andover
�I
PLANNING BOARD
Gemnra Wilkens
Eitarr Goldberg, Chair CltiistopfterKoskores,
Peter I3oy►ttort
Assoc.
Jolrrr Simons
Sean Kevlalran
Trresdav March 12 2024 A, 7.00 tun. 120 Main Street- Town Hall North Andover, MA 01845
197 Vote: MGL c.40A,s.5 quantum of vote legal opinion,240312 Redline MBTA Draft Multi-Family Housing OD;MBTA
198 Communities Multi-Family Housing Overlay District ZoninE Map Amendment: MBTA Multi-Family Housing OD Map
199 Amendment; 115 Winter Street,Adrianne&Adam Ramos:Application: Permit Site Plan--- 115 Winter Street, Watershed
200 Special Permit Application— 115 Winter Street, Department Review: 240204 DPW Operations Comment,240205 NAFD
201 Comment,240209 Conservation Comment,Plans:240223 Permit Site Plan— 115 Winter Street_R1, Stormwater Review:
202 240221_SWPeerReview_115WinterStreet,240223 Permit Site Plan— 115 Winter Street RI,240223 Resp to Stormwater
203 Revise 115 Winter St,240312 1I5 Winter Street WSP—draft,locus— 115 Winter Street; Citizen Petition Warrant Article,
204 James Worden: Historic Barn Overlay District:240222 Copy of Citizen Petition HBOD,Historic Barn Overlay District
205 Zoning Map Amendment:230208 Draft Map Amendment,240222 Copy of Citizen Petition Map Amendment,
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