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HomeMy WebLinkAbout2024-04-02 Planning Board Minutes a#lvq,� Town of North Andover PLANNING BOARD Eitan Goldberg, Cluib, ,Y , Genaana Wilkens Christophea Koskores, Peter Boynton • John SimonsAssoc. Serra Kevlahan TttestlaE A ril l 2024 r 7 .rya. 120 Maim Street— Town Hall North Amlover 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,April 2, 2024,was called to order at 7 p,m. 6 7 CONTINUED PUBLIC HEARING 8 115 Winter Street,Adrianne&Adam Ramos: Application for a Watershed Special Pen7nit under Article 4 Part 5 and 9 Article 10 Section 195-10.7 of the Zoning Bylaw to authorize construction of an in-ground pool and patio partially within the 10 150'non-disturbance zone and within the 400' non-discharge zone of the Watershed Protection District. The property is 11 located in the Residential 1 zoning district. 12 (E. Goldberg recused himself at 7:07 p.m.) 13 J.Enright: This public hearing opened on March 12th and was continued to tonight's meeting.Tine applicant was before the 14 Zoning Board of Appeals(ZBA)on March 19 for approval of the variance to allow for a new permanent structure within the 15 non-disturbance buffer zone of the Watershed Protection District. Final sign-off from the stormwater peer reviewer was 16 received and a draft decision has been provided for the Board's consideration. 17 Chris Sparages,PE-Williams& Sparages: Since the last hearing,we secured a variance with the ZBA for work within the 150 18 ft. buffer zone. As part of our response to stormwater peer review,we revised the plan and O&M plan to include additional 19 erosion Control around the proposed stockpile area and construction nutting material at the end of the driveway over to the 20 proposed pool area limiting disturbance of the backyard area. Revised O&M plan now includes the maintenance schedule for 21 the pool filtering system and to explain how the pool water is to be dechlorinated prior to pumping. 22 MOTION: S. Kevlahan made a motion to Ctose the public hearing for 115 Winter Street,C. Koskores seconded the motion. 23 The vote was 5-0,unanimous in favor. 24 MOTION: P.Boynton made a motion to approve,as amended 115 Winter Sheet. S. Kevlahan seconded the motion.The vote 25 was 5-0,unanimous in favor. 26 (E.Goldberg rejoined the meeting at 7:10 p.m.) 27 28 189 Willow Street,Vincent J. Grasso: Application for a Site Plan Review and Corridor Development District 1 Special 29 Permits under Article 8 Supplementary Regulations,Part 3 Site Plan Review,Article 16 Corridor Development District,and 30 Article 10 Administration(195-10.7) of the North Andover Zoning Bylaw, The Applicant proposes construction of a 6,777 31 SF shigle story building with 20 parking spaces,associated driveway,utilities and associated improvements.The project is 32 located within tine Corridor Development District I (CDD1)Zoning District. 33 J. Enright:The applicant provided au"update"letter dated March 28,2024,which is included in the meeting packet.The 34 letter lays out a schedule that has been proposed to the Presiding Officer for the appeal process with the Office of Appeals and 35 Dispute Resolution(OADR).Applicant proposes a schedule for the Board's review to coincide with the ongoing appeal 36 process.This is tine only new information;this is tine first meeting since the 12/19 update.The applicant is waiting on a 37 response letter from DEP,will then address concerns,filed for LOMA Map Amendment for wetland. 38 Eric Lane,PE, Haves Engineering:The Site Plan Review application was filed because we are required to so with a 39 Conservation Commission filing. We received the review letter from HWG and plan to respond;seventy percent of the issues 40 raised,relate to the Con Comm filing which is under DEP appeal.Until direction from the DEP and Con Comm if provided, 41 feels it wouldn't be prudent to file a response letter at this time.Prefers to generate one response so that information may be 42 reviewed all at once.DEP suggested to file for a Letter of Map Amendment(LOMA) for the flood elevation; expects it'll take 43 time through FEMA. 44 E. Goldberg:Tine letter indicates a plan for coming back before us and it states you have agreed to notify abutters before a 45 future meeting when more evidence can be presented. Questioned if the Planning Board Site Plan Review was required before 46 going to Con Comm,and you appealed to DEP,do we need to keep this hearing open.Is there any harm in dismissing this 47 without prejudice,what prejudice would there be if we didn't? 48 Stephanie Kiefer, Atty.- Smolak&Vaughan:fan: Suggests keeping the hearing open so tine engineers can start working on issues 49 requiring lead time,the Con Comm matters twofold-(I)the concern that their hearing wasn't conducted in a timely fashion 1 Town of North Andover PLANNING BOARD Eitan Goldberg, Chub- Gemma Wilkens Cliristoplie - l�oslrores, Peter Boynton � Assoc. Jonas.Simons Sears Kevlahan Tuesday April 2, 2024 (i�, 7 p.m., 120 Marrs Street— Towrr Hall,North Andover, MA 01845 50 and(2)that they had a hearing when it was outside their jurisdiction and thought it appropriate to review the Notice of Intent 51 at that time. Keeping the Planning hearing open doesn't create any prejudice for anyone; it has started the process with 52 HWG's peer review. Suggests a two month pause to allow Hayes Engineering to respond to HWG and be back before this 53 Board in July. 54 E. Goldberg: Expressed concern for keeping abutters and public abreast of the matters particularly when issues surrounding a 55 project are extended for a long period of time.Having updates and a prospective timeline helps.Board agreed. Wants to avoid 56 creating any additional appellate or appealable issues;your biggest hurdle is with Con Comm. 57 S.Kiefer: Suggested and agreed to notifying abutters with the status letter being submitted to the Board. Would like to 58 continue to June 411,meeting,will provide written update prior to that and continue to July 16,2024 public hearing if 59 necessary. 60 [Continued to the June 4,2024 Planning Board meeting] 61 62 NEW PUBLIC HEARING 63 565 Chickering Road,Kellee Twadelle: Application for Li nited Site Plan Review under Article 8,Part 3 Site Plan Review 64 and Article 10 Administration Section 195-10.7 of the North Andover Zoning Bylaw. Applicant proposes conversion of 65 former retail space to a religious use.The proposed suite consists of 4,875 SF. The site is located in the General Business 66 zoning district. 67 E.Goldberg: Explained public hearing process. Decisions are typically rendered at a secondary hearing giving its time to gain 68 information and draft a decision with the appropriate language. We will address and read all public comment and make part of 69 the record.Project is the former Rose&Dove building/retail store which has closed and this proposal is for that condominium 70 to be used for religious space. 71 J.Enright:Building Commissioner confirmed proposed Use is subject to the Dover Amendment.NAFD and Building 72 Inspector will inspect the building prior to issuance of an Occupancy Permit.No other department review comments 73 expressed concerns.Abutters raised concern for parking availability. "Plaza Parking Table"indicates a total of 353 parking 74 space are required for the combined Uses per the zoning bylaw;applicant indicates there are 210 existing parking spaces. 75 Plaza predates Site Plan Review and there's been no building footprint changes since development;no prior Planning Board 76 permitting has been found for this site. Plaza parcel includes Santander Bank,Choice Fitness and houses dwellings that fi•ont 77 on Bunkerhill Street.Parking calculations are based on existing tenants. 78 Brian Vaughan,Atty.-Smolak&Vaughan on behalf of condo Owner,KeIlee'Twadelle: Owner has leased the property to a 79 church,representatives are here this evening.The owner filed the application on behalf of the tenant;the tenant should be 80 deemed the Applicant/User with whom the use is applicable to,Smolak&Vaughan became involved after the filing.Pastor 81 for the tenant reached out to abutting businesses seeking to use surrounding lots for overflow parking;he has received verbal 82 agreement from Salem Five Bank,Kindercare across the street and Santander Bank to use their spaces when they are not in 83 use,Handed out a late submission proposal presented to Condominium Association(excludes Salern Five approval).They 84 have not consented to,nor agreed to this. There will be a high peak demand for Sunday services which doesn't create concern 85 due to the obtainment of overflow parking. Sundays have the lowest demand for plaza parking;restaurant is closed and 86 Building Commissioner's parking analysis supports that.Originally had verbal approval from Salem Five,when corporate 87 addressed it,there were liability concerns;they will not write a letter authorizing use.This is a Dover Amendment Use subject 88 to regulations,parking issues could be waived.It is potentially discriminatory to the religious use to be scrutinized on parking 89 requirements. 90 E, Goldberg: Read abutter comment from Condominium Board members Shadi Asinar and Joe Diblasi dated 3/8/24 into the 91 record,expressing parking concerns particularly for Thursday evenings, accommodation for assembly/event space attendees, 92 complex cannot handle parking being contemplated. 93 Charlena Pasquale, Church Representative-Ministerio Bethel Centro De Adoracion: Church has verbal confirmation for 94 shared parking from surrounding businesses but nothing in writing due to liability.A restaurant(maybe Bishop's)once 95 operated in the plaza;surmises there were issues surrounding the restaurant use whereas religious use is different, Spoke with 96 bank managers who were welcoming,receptive and favorable to our church in the plaza. Contacted Kindercare who offered 97 28 spaces in writing;putting us within 60 spaces of parking. Sunday mornings is a low use of the property. One abutter had 98 concerns addressing a Thursday night which was unforeseen.Moved Bible studies from Thursday to Monday nights so as not 2 Town of North Andover PLANNING BOARD Gennna Wilkens Eitait Goldberg, Chair Peter Boynton �� �'� •. On istapher�ICoskores, John Simons Assoc, Senn Kevlrrhan TuesrlaV Apt-if.2 2024 (&, 7 pan., .120 Maier Street Town Hall, North Andover, MA 01845 99 to interfere with business parking.Restaurant is closed Sundays;if businesses are closed Sundays,we should have access to . 100 unused spaces. Two businesses are open Sunday;not as early as we open. 101 E. Goldberg: Confirmed one service is field 11-2 p.m. Sundays, one Bible Study is held Monday night 7-9 p.m.Trying to 102 determine set hours of operation for tenants in general. 103 B.Vaughan:ian: Suggests leaving Bible Study open to Tuesday and Wednesday evenings in the event that it grows. 104 C.Koskores: Confirmed a Thursday church night event at the facility triggered discussion of parking. An inquiry prompted 105 the Building Inspector review who suggested a building permit be initiated prior to more activity taking place. 106 C.Pasquale: An unforeseen blizzard that evening left available spaces filled with snow,Kellee addressed it with maintenance. 107 E. Goldberg: Understandably,you're unfamiliar with permitting,renting a business,moving in. Are there plans for events, 108 weddings,birthday parties,family events? 109 C. Pasquale: Planning to operate as a House of Worship,does not foresee any events of the sort. 110 J. Simons: As a condominium association,do any clear rules exist as to the allocation of the parking spaces?It seems to be 111 more of a condominium issue than a PIanning Board issue.We can address broad pieces,but if the church isn't allowed 112 access to all of the spaces in the condominium,that makes it more complicated than it being a shared pool;Doesn't believe 113 there will be major issues. 114 B.Vaughan: There are rules,perhaps the Board of Trustees could speak to this. Upon my review,there are allocated and 115 general spaces. It seems the allocated spaces are inconsistent with the uses. One parking table is dated 1985,according to the 116 parking layout included as part of the application and the parking has changed. 117 S.Kevlahan: Confirmed Kindercare hours of operation are M-F,9-5 pm; questioned location of nearest crosswalk?Church 118 clarified will charter their own bus,or providing their own valet to bus attendees over from the daycare. 119 Joe DiBlasi Board of Trustees Chickering Rd. Plaza: There are 13 trustees oil the Plaza Board.Parking was originally 120 granted as exclusive use spaces.The parking configuration changed and everyone shares the spaces.Board favors idea of 121 satellite parking locations;written agreements is a concern,as we don't have any from the 3 locations yet.Four or five 122 businesses are open oil Sundays currently and one large unit in the front is trying to lease;tenant unknown. 123 P. Boynton: Your written comments are dated;you don't have the same comments now that you had when that was written. 124 The satellite parking would be used as opposed to spaces that appear to be open.Requested Trustees provide an updated 125 written comment including their current concerns. Describe your signage plans. 126 J.DiBlasi:Yes,they are dated,with the assumption that these accommodations take place.As opposed to being there in 127 theory,and not used.Bylaw requires a tangible document from these other owners agreeing to this. 128 E Goldberg: Bylaw we are using is not as restrictive;there's a solution to be found here.A decision is not prepared for this 129 evening,there's intricate issues to address and we'd like for you to obtain more feedback. We will include information from 130 tonight in our Findings. Parking doesn't mesh with our general parking requirements;we need to incorporate what we are 131 being told and what we expect to happen into our decision.A 6-month review will be included in the decision. Confirmed 132 signage for the church to replace existing signage for Rose and Dove and be permitted through the Building Dept. 133 B.Vaughan: Memo provided contains an email from Kindercare authorizing us to use their parking. It notes the pastor has 134 agreed to remind the congregation to utilize satellite parking first. Chartered bus shuttle will be provided across Rte. 125, 135 Realize Building Inspectors have changed, someone approved a change in use to a gym requiring 153 spaces-hasn't seen a 136 Site Plan Review for that. Condo does allocate 48 spaces for the gym building,restaurant has allocated 10 and the church has 137 10. We need to be careful about imposing more stringent requirements oil a church than what has ever been imposed on any 138 tenant in this plaza,Working together with condo association;wants this to work for everyone.Based on a 100-person 139 occupancy the zoning bylaw requires 60 spaces for the use;restaurant requires 52 spaces.Prefers to have a decision ready this 140 evening which is justifiable under the Dover amendment(basically a Waiver of Site Plan Review)and perhaps let whomever 141 wants to appeal,then the condo association polices and enforces its bylaw. 142 Owner,Milos Joyeria Jewelry Store,tenant, Chickering Rd. Plaza: Open every day;no issue with parking,questions why the 143 Church has been closed for several weeks. 144 E. Goldberg: Change in Use requires necessary permits needed to be in place in advance.Hopeful a draft decision will be 145 prepared for the next rueethig.No public comment was received. 146 [Continued to the April 16,2024 Planning Board meeting] 147 148 (P.Boynton recused himself from the meeting at 8:19 p.m. and joined Citizen Petition Applicant) 3 Town of Nor It Andover PLANNING BOARD Gemnia Wilkens Eitmr Goldberg, Chair . �� r �=�6', • Ch ristoph er 1(oskores, Peter Boynton • John Simons Assoc. Sean Kevlahan Ttresrlay ApH12, 202q rr 7 pan., 120 Mrriri.Street— To�vrr Hall,North th Ai dove MA 01845 149 CONTINUED PUBLIC HEARING: 150 Citizen Petition Warrant Article,,Zanies Worden: 151 • Historic Barn Overlay District 152 J.Enright: Proposed rnap amendment was withdrawn.If the Board is to make a favorable recommendation, it is 153 recommended to do so with the following amendment added to the end of§195-20.2:"The Town of North Andover Zoning 154 Map will be amended upon passage of this Article 20 at Town Meeting as if independently voted upon."No further continent 155 from the Applicant;no public comment was received. 156 MOTION: S.Kevlahan made a motion to recommend Favorable Action for the Historic Barn Overlay District,including the 157 additional Ianguage stated by J. Enright.J. Simons seconded the motion.The vote was 4-0,unanimous in favor. 158 E.Goldberg: Invited James Worden&P. Boynton to present to Select Board;meeting is April 8,2024. 159 [Continued to the April 16,2024 Planning Board meeting] 160 (P. Boynton rejoined the meeting at 8:22 pan.) 161 162 NEW PUBLIC HEARING: 163 492 Sutton Street,Tango Hotel,LLC: Application for a Site Plan Review Special Permit under Article 8 Supplementary 164 Regulations,Part 3 Site Plan Review and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. The 165 applicant proposes construction of four prefabricated hangars including two T-hangers(encompassing 13,730 SF) and two 166 maintenance hangers(encompassing 10,960 SF)on 62,790 SF of leased land area on the South Ramp of the Lawrence 167 Municipal Airport property.The leased land area is located approximately 500 feet fi•orn Sutton Street,the nearest public 168 road.The project is located within the Industrial 2 Zoning District. 169 J.Enright: Applicant requested a Site Plan Review Waiver in early February;request was denied and the applicant filed a 170 formal application. Given the location is an existing impervious site and the stormwater management is designed to utilize 171 existing infrastructure the Town Engineer provided stornrwater management review,which was received late today. He would 172 like to know more about where the storrnwater is to be conveyed. Once it leaves the leased area it travels downstream to a 173 wetland approx.350 ft. to the west. He wants to know if there's an outlet from there continuing to the west. Conservation and 174 DPW Operations have no concerns.NAFD has requested a SWEPT Path Analysis,site safety plan,BDA test on completion 175 of the project, lock box with key access,and address numbers placed on the buildings. All other fire protection systems will 176 be reviewed during the permitting process. The Health Dept, inquired as to what type of utility connections would be 177 provided;only utility is electric,no water or sewer provided to any of the proposed hangars.A resident of Wright Ave.visited 178 the office requesting to review the plans and indicated some abutters will be in attendance this evening. Confirmed project is 179 entirely outside the boundary of the Watershed Protection District and not within 100 ft,of a wetland, 180 Don Borenstein,Attv.-Johnson&Borenstein: Briefly described project orientation to the site.Project includes four new 181 hangars at Lawrence Municipal Airport. Principal of Tango Hotel,Mark Scott,runs one of two maintenance operations at the 182 airport. Proposal includes two T-hangars which store 10 airplanes total;other two hangars are maintenance hangars. This 183 project is in the 1-2 District,leased area is outside the Watershed Protection District and outside the wetland buffer zone.The 184 hangars are proposed on existing tarmac;no new impervious and project proposed on existing outdoor airplane storage, 185 trading outdoor storage for indoor.No discernable impact fi•om this project i.e.,parking or traffic.Maintenance services 186 provided to existing versus new users i.e.,Boston McdFlight aircraft.Proposal is 500 ft.fiom Sutton St.;hangars shielded 187 from view. Showed plans for one-story hangars. 188 Dennis Griecci,Andover Consultants: Location of buildings determined by Lawrence Airport FAA Master Plan.Buildings 189 have no impact to Building Restriction Lure. South of buildings is existing water,sewer and electric duct bank parallel to 190 BRL.No utilities other than electric provided,no sewer,water or gas connections.Buildings will displace one storrnwater 191 catch basin which will be relocated.All catch basins are collected and distributed to an isolated vegetated wetland.Prepared 192 SWEPT Path Analysis and will supply to Board for NAFD review. 193 P.Boynton: Does changing this from outdoor to indoor change the aircraft type or size of aircraft on this site?Does this 194 impact fueling operations going from outdoor to indoor? 195 S. Kevlahan: Would these structures be sub-leased to different owners or is this strictly for existing airplanes? 196 D.Borenstein: Expects Mark Scott will be leasing spaces to aircraft owners or operators. 4 Town o f North Andover PLANNING BOARD Eitan Goldberg, Chair ti Genrnra Wilkens Peter'Boynton Cltristolalter I�nslrores, John.Simons Assoc, Sears Kevlahan TnesdaV April 2 2024 7 pan., 120 Main Street— Torun Hall North Andover MA 01845 197 Mark Scott Falcon Air,492 Sutton Street Lawrence Munici al Air oft: Basically,providing roofs for the airplane stored 198 outside, demand warrants storing small aircraft indoors. Boston McdFlight has been a tenant for 10 years expanding more ors 199 their ground operations. 200 Francisco Urena,492_Sutton Street,Airport Manager: Commissioners offered vote of confidence on this project which is in 201 line with our Master Plan which encourages our next development of hangars. Invited Board members who would like a tour 202 of the site inside the secured area. 203 J. Simons: Would appreciate a presentation/discussion on the proposed Master Plan to us in the future. 204 Carla Carter,resident,23 Wright Avenue: (Also representing 14 &28 Wood Ave. and Poor Street residents)There has been 205 an enormous shift in watershed over the last 1-2 years,significant run-off down Sutton St.,worse since August storm, 206 Neighborhoods in area have been inundated with water that hasn't been seen in 30 years; suggests a plan be in place for water 207 mitigation for the residents in the area. Senior Center and apartments were constructed,HomcGrown Lacrosse facility was 208 approved,now this project,received something this week from Conservation about something else in the vicinity.Lawrence 209 Airport was just granted$475K of federal funds for water mitigation.This is all happening around us without answers as to 210 what is going to happen to the watershed.Has several photos and videos of sinking backyards,and storm drains that were 211 covered and paved over on Sutton St.; one at the end of Wood Ave.another further rip,on Sutton St. There must be a water 212 run-off issue if they have been awarded fiends for it. Significant water damage will likely affect the value of our properties. 213 The hundred-year event experienced in August will only get worse with climate change issues. In this area,every storm is a 214 big storm,suggests a pause on development until there is a solution for the residents of this area. 215 E.Goldberg: The Planning Board can consider the project in front of us; this proposal seems very minimal. We'll wait to vote 216 on it until we hear from the Town Engineer,reviewing correspondence about impacts and outlets.No doubt this has a been a 217 difficult year for fain; it's hard to determine what is causing issues, it's complicated and happening everywhere. 218 J. Simons: It sounds like a Public Works issue if water is flowing down Sutton St, 219 Diane LeBlanc,resident,358 Sutton Street: Where is the roof runoff going from the pitch of the new hangar roofs?There is a 220 wetland area at the end of Wright Ave.that constantly keeps filling up with water that used to be dry. It is frill all the time 221 can't identify where that water is coming from. 222 D. Griecci: Stormwater roof runoff goes southeast to northwest and is captured by a series of catch basins within a Swale area, 223 fills up and is contained;currently investigating outlet from that area. 224 F.Urena: The image of the airport is out of date, there's been a taxiway re-alignment requested by the FAA, converted 225 impervious area to greenspace which is absorbing more water. 226 [Continued to the April 16,2024 Planning Board meeting] 227 228 DISCUSSION ITEMS 229 149 Main St.--14 Second St.,Cresl2o Group:Request for Insubstantial Change to address design updates to the March 21, 230 2023 approved Downtown Overlay District(Multi-family,Height)Site Plan Review,Parking and Inclusionary.Zoning 231 Special Permits. 232 J.Enright: An ernail was received from an abutter this evening at 7:56 p.m. (Karen Spencer, I59 Main St.) 233 John Snioiak,An.for Crespo Group&Eric Zachrison,AIA,Context Architects: Presented team and updated development 234 drawings for the approved project. Applicant has undergone some value engineering on the project,namely cosmetic design 235 changes and changes to the building footprint which is slightly decreased. 236 Eric Zachrison: Compared original plans to the evolved, development plans. Changes include carving the facade back to 237 create small sidewalk space to benefit retail and pedestrians,inset entry doors as they relate to the inset decks,pulled clevator 238 inward to be central with the building making the units above more efficient,stairs snore central,shortened corridors, 12 units 239 per floor, one less bedroom in the new scherne(parking count remains the same), common roof-deck removed,mansard roof 240 intersected by flat roof building;showed elevations and perspective rendering.Presented new massing and facades of brick, 241 painted Hardie board,Azek and wood trim,building height dropped from 42 ft to 38 ft.Commercial space(unclaimed) 242 designed for 1-4 tenants. 243 Board: Very receptive to design changes;requested team communicate design changes with abutters. 244 E. Goldberg,: Read abutter comment from Karen Spencer, 159 Main St. into the record regarding potential discrepancy over 245 lot line boundary and fence placement;requests Board review final surveyor findings.This issue remains the same as it did 5 Town of North Andover PLANNING BOARD Eitan Goldberg, Chair r,'z�n, Gemma Wilkens Peter Boy�rton Chi istoplier I�oslrares, Jolrfr Simons Assoc. Sears Kevlahan Tuesday April 2, 2024 R 7 p.m., 120 Main Street— Town Hall,North Andover, MA 01845 246 when permitted and there exists a potential boundary dispute between Crespo and this resident.Ground breaking is approx. 4- 247 5 months. 248 MOTION: J. Simons made a motion to approve the Insubstantial Change 149 Main St.—14 Second St., Crespo Group.S. 249 Kevlahan seconded the motion. The vote was 5-0,unanimous in favor. 250 251 Annual Town Meeting Zoning Bylaw Amendment Articles: 252 • MBTA Communities Multi-Family Housing Overlay District 253 J.Enright: The proposed map amendment has been withdrawn.Part 7 Dimensional Requirements(page 35)of the draft bylaw 254 includes couple more minor redline edits,which specify that`fable 2: Summary of Dimensional Requirements will be updated 255 upon approval of this bylaw and to exempt the newly proposed District from Footnote 1 on Table 2,which requires a 100' 256 front setback along Rt. 114 and Rt. 125 except for the Village Commercial District and the Corridor Development District, 257 Margaret Hurley's comments have been incorporated based on her review of the draft bylaw.We met with the Town Manager 258 and Town Counsel regarding the existing 15%affordability provision included in the draft bylaw and requested their thoughts 259 on whether a fallback provision of 10%should be included.The Town Manager and Town Counsel have submitted a letter to 260 the Board conveying their thoughts on the matter. The Board agreed to include the draft language with the 10%fallback 261 provision. 262 MOTION: J. Simons made a motion to recommend Favorable Action for the MBTA Communities Multi-Family Housing 263 Overlay District,as amended.P.Boynton seconded the motion.The vote was 5-0,unanimous in favor. 264 265 Planning Board Report: In addition to zoning bylaw amendment articles listed above,Warrant article 10: Report of the 266 Community Preservation Committee—Appropriation for Community Preservation Fund. 267 J.Enright:Favorable recommendations were made for articles 3 &4 (accept and grant of easements)and 23 and 24(street 268 acceptance articles).The one remaining non-zoning article is the CPC article. 269 J. Simons: Provided a brief overview of the 9 proposed projects: Common Bandstand$210K,Patriots Park Restoration$21K, 270 Roe Plex$5,914,748 (bonded),Lake Cochichewick Boat Ramp Restoration$9839K,NAHA Generators$75K, 14-16 Brown 271 Court$500K, Stevens Estate Stables$150K, 1836 Meetinghouse(Unitarian Church-External Historic Preservation)$480K 272 and Administrative expenses$50K. 273 MOTION: S. Kevlahan made a motion to recommend Favorable Action on Article 10:Report of the Community 274 Preservation Committee—Appropriation for Community Preservation Fund.J. Simons seconded the motion. The vote was 5- 275 0,unanimous in favor. 276 277 MassDOT Rt. 114 Roadway Improvement update: 278 J.Enright: Contacted Larry Cash,MassDOT Supervising Proj. Mgr.,to request his attendance at an upcoming Planning Board 279 meeting to provide an update on the project.DOT prefers that project design teanis avoid attending formal Planning Board 280 meetings due to the potential for scope being misinterpreted or mistakenly added to a project. Suggested meeting with Town 281 Staff,John Borgesi and Board Chair in early May,after Environmental permit applications are filed.Provided a PDF of the 282 Andover/Elm Street changes between the College entrance and the intersection with Rt. 114,which is consistent with what 283 Merrimack College presented to the Board a few weeks ago.They are planning to submit the 100%design submission in 284 June;still have significant utility coordination requircments with the required locations involved.Environmental permits such 285 as M) PA submission and NOI are planned for April and May prior to the 100%submission.ROW plans were accepted; State 286 ROW process is active with the property owners and their ROW Agents.They are making every effort not to change the 287 design any fiuther that would alter the ROW plans and the ROW process.Ad date for the project is scheduled for January 288 2025 which would align with a Spring 2025 Notice to Proceed.Much of this depends on securing the ROW prior to the Ad 289 date. J. Simons&P.Boynton expressed interest in attending the May meeting. 290 291 M>✓ETING MINUTES:Approval of the March 19,2024 meeting minutes. 292 MOTION: P.Boynton made a motion to accept the minutes for March 19,2024. S.Kevlahan seconded the motion.The vote 293 was 5-0,unanimous in favor. 294 6 Town of North Andover PLANNING BOARD Dian Goldberg, Chair Genmta Wilkens ' �istoplter I�askor•es, Peter Boynton Clt► �� �` John Simons Assoc. Sean Ifevlrrha►t Tuesday April 2 2024 Rw 7 P.rtt., 120Main Street— Town Hall,North Andover, MA 01845 295 ADJOURNME,NT 296 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by G. Wilkins.The vote was 5-0, 297 unanimous in favor.Meeting adjourned @ 9:30 p.m, 298 299 MEETING MATERIALS: Planning Board Meeting Agenda April 2,2024,DRAFT Planning Board Meeting Minutes 300 March 19,2024;Staff Report:240402 Staff Report; 115 Winter Street,Adrianne&Adam Ramos: Rev Plan: 240223 301 Permit Site Plan— 115 Winter Street RI, Stormwater Peer Review: Resp to 1"Stormwater Review:240223 Permit Site Plan 302 — 115 Winter Street R1,240223 Resp to Stormwater Revise 115 Winter St,240318_2"1 SWPeerRevlew 115WinterStreet, 303 240402 115 Winter Sheet WSP-draft; 189 Willow Street,Vincent Grasso: Abutters List: 651 Turnpike Street cent. and 304 Notice, Confirmation of I"Notice--651 Turnpike,Confirmation of Second Notice—651 Turnpike Street,Application: 305 2023_11_06 Willow St A2.00 I IxI7,2023 11 06 Willow St First Floor Plan,Narrative and Applications, Site Plan, 306 Conservation Commission OOC Denial: 242-1881, 189 Willow Street OOC DENIAL,Department Review:NAFD 307 Continents:23121.3 NAFD Comment,231214 NAPD Comments,231215 Applicant resp NAFD Comment,231215 Resp 308 Swept Path_189Willow_R6-Fire Access,230327 Health Comment,230327 NAPD Comment,231115 DPW Operations 309 Comment,231129 Building Dept. Comments,MassDEP Appeal Dismissal-_Applicant Appeal:231219 242-1881, 189 310 Willow Street—MassDEP Dismissal Letter,Appeal of DEP dismissal OADR Notice of Claire 1 4 2024 Final,Project 311 Update.e Letter: 240328 Update Letter 189willow-PBupdate, Stormwater Review: 2012 Flood Map,2023 Preliminary Flood 312 Map,240112_HW—PeerReview_I89WillowSh-cet; MBTA Communities Multi-Family Housing Overlay District:MBTA 313 Multi-Family:240402 Legal Opinion re MBTA re affordability,240402 Letter fi-om Town Mgr.,240402A Redline 314 MBTA Draft Multi-Family Housing OD; Historic Barn Overlay District: 240222 Copy of Citizen Petition HBOD;492 315 Sutton Street,Tanizo Hotel,LLC:Application:Copy of Certified Abutters List, Site Plan, SPR Application Executed,SPR 316 Application Memorandum FINAL w Exhibits, Department Review:Health: 240305 Health Comment,240306 Resp.to 317 Health Comment,240320 Resp. to Health Comment,240306 Conservation Comment,240306 DPW Operations Comment, 318 240307 NAFD Comments,240402 DPW Engineering Comment,PB Presentation:240402 Tango Hotel—SPR PDF;565 319 Chickering Road,Kellee Twadelle: Abutter Comment: 240308 Abutter Comment—BOD and Mgmt Co.,Application: 320 240305 565 Chickering Rd LSPR,Department Review:240312 Building Comment,240312 Building Occupancy Continent, 321 240312 Conservation Cornrnent,240312 DPW Operations Comment,240312 Health Continent,240313 NAPD Comment, 322 Supplemental Filings: 240402—Outline of Proposed Conditions for Church Parking,240402 Ltr to Planning Board to 323 Supplement Filing, Plaza parking table; 149 Main St.—14 Second,St.,,,Crespo Group: Abutter Comment: 159 Main Street- 324 Spencer, Plot Plan 159 Main,240326 149Main DesignUpdate,Recorded Decision— 149 Main_14 Second;Planning Board 325 Report:240402 Planning Board Report;MassDOT Rt. 114 Roadway Improvement update(no materials). 326 7