HomeMy WebLinkAbout2024-04-16 Planning Board Minutes Town of North Andover
PLANNING BOARD
Eifajt GoldGer Chair Gennna Wilkens
g' Clirislopher 1(oskores,
Peter Boynton •
John Simons Assoc.
Senn It:evlahan
a
Trresrlay April 16, 2024 ((b, 7 p.m., .120 Main Street- Town Hall, North Andover, MA 01845
1 Present/Planning Board: E. Goldberg,J, Simons,P. Boynton S.Kevlahan
2 Absent: C.Koskores,Assoc., G. Wilkins
3 Staff Present: J. Enright
4
5 E. Goldberg,Chairman: The Planning Board meeting for Tuesday,April 16,2024,was called to order at 7 p.m.
6
7 E. G_ oldbur Informed the Board P.Boynton would be arriving a few ininutes late.
8
9 CONTINUED PUBLIC HEARINGS
10 189 Willow Street,Vincent J. Grasso: Continued to the :tune 4,2024 Plarnrinu Board mectin Application for a Site
11 Plan Review and Corridor Development District I Special Permits under Article 8 Supplementary Regulations,Part 3 Site
12 Plan Review,Article 16 Corridor Development District, and Article 10 Administration(195-10.7)of the North Andover
13 Zoning Bylaw, The Applicant proposes construction of a 6,777 SF single story building with 20 parking spaces, associated
14 driveway,utilities and associated improvements.The project is located within the Corridor Development District I (CDDI)
15 Zoning District.
16
17 MEETING MINUTES: Approval of April 2,2024 meeting minutes.
18 MOTION: J. Simons made a motion to approve the minutes for April 2,2024. S. Kevialuan seconded the motion.The vote
19 was 3-0,unanimous in favor.
20
21 DISCUSSION ITEMS
22 PlanninEz Board Report
23 J.Enright: Presented Planning Board Report to be included in the warrant for Town Meeting scheduled for May 14,2024.
24
25 Citizen Petition Warrant Article,James Worden:
26 • Historic Barn Overlay District
27 J.Enright:No new information has been provided.The Board recommended favorable action at the last meeting.No
28 comments or questions were received.
29 [Continued to the April 22,2024 Planning Board rneeting]
30
31 7:10: Ten minute recess,
32 P,Boynton arrived at 7:20 PM and meeting restarted.
33
34 Annual Town MeetinE Zoning Bylaw Amendment Articles:
35 • MBTA Communities Multi-Family Housing Overlay District(Cont'd.below)
36 J.Enright: Redline edits(some housekeeping and some in response to M. Hurley's review)were reviewed at the last meeting
37 and no new edits are proposed.Bylaw was submitted to the Town Manager's office for inclusion in the warrant; Select Board
38 voted favorable action.Pre-adoption review feedback was received from Executive Office of Housing&Livable
39 Communities(EOHLC) on April 3,2024,Reviewed comments listed in letter.A written response to the review comments
40 been sent to the EOHLC and a request for a phone call discussion has been made. if redline edits are recommended,they may
41 be discussed May 7"',No further-comments or questions received.
42 Resident, J. Finn,48 Surrey Dr. (attended remotely): Stated lie had reviewed the recordings of the 9/2023 and 212024
43 meetings and requested to make a brief statement to the Board focusing on site locations and compliance with the Act. North
44 Andover must identify one district comprised of a minimum of 50 acres of developable land,build 1,191 units,and meet a
45 minimum threshold of 15 units/acre. Chair noted that this is not a mandate to build,the zoning has to be in place to allow for
46 it in the future.Expressed his opinion regarding adding more development of new multi-family housing stressing the impact it
47 will have on existing town resources. Encouraged Town to consider state mandated housing alternatives be located within
48 existing multi-family housing developments(Heritage Green,Princeton Properties, Woodridge Apartments, Oak Ridge
49 Village,Royal Crest). Quoted Ian Burns,MVPC, as stating,"The law requires the creation of a zoning district that allows for
1
i
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Mr n f Getrtttta Willrens
Peter Boytttott Christopher I(oskores,
John Simons s Assoc.
Seats Eevlahan
Tuesday April.16, 2024 (rt, 7 p.nr., .120 Mairt Street- Toiyrt Hall,Nortli Attrlover, MA 01845
50 multi-fancily housing units and that in identifying a zoning district,(1)the land may already be home to multi-family housing
51 units and(2) it is totally acceptable if the area never sees development"and, Section 3A,"Demonstrating compliance with the
51) rninirnum multi-family unit capacity requires only that an M13TA community shmvs that the zoning allows for multi-fannily
53 housing as of right and that a sufficient number of multi-family units could be added to,or replace existing uses and structures
54 over time even though such additions or replacements may be unlikely to occur soon."Presented his perspective based on
55 this,stating that if the town is concerned about the impact on water,schools,traffic,public safety,the best option includes
56 considering zoning districts that already house multi-family housing units because you are looking at"replacement",leaving
57 none or limited impact on town resources. In his opinion,the worst options include districts that don't already house multi-
58 family housing units. Concerned that adding non-residential considerations also places added stress on town resources.
59 Expressed that most likely the multi-family developments won't be redeveloped because it wouldn't be profitable,therefore
60 leaving no impact to the town.Believes the favored current option has significant,adverse impact on the town if Osgood
61 Landing and Market Basket were developed with land comprising of 91 acres, 1,400 or so housing units, and up to 100K SF
62 of non-residential space,business,commercial and retail.
63 [Technical difficulties occurred at 7:35 p.m.-internet and Mr. Finn's call were lost. Contact was made with J.Finn at
64 approximately 8:00 PM via cell phone]
65 J. Finn: Summarized his comments. Some people see the value in building and others see the stress on our resources.Noted
66 likely reasons why certain developments were dismissed, Princeton Properties was recently built,suggests Royal Crest be
67 considered based on-site location,not density,which caused the pause at Town Meeting which included a hotel,student
68 housing units,student retail space,office and retail space.Quoted P. Boynton at the 9f2023 public forum as stating,"You're
69 creating a disincentive by not having an element of the formula that gives some credit where credit is due for those
70 communities that have made a lot of progress at addressing this crisis.Those communities who are subject to this requirement
71 who have demonstrated a track record of advocating for and successfiilly producing multi-family housing in sizable numbers,
72 there is no consideration in this formula for that."Reiterated the new law allows you to identify zoning districts where multi-
73 family housing exists,believes that is the reward in the law. Stated you can limit the stress on your resources,we have options
74 resulting in no impact at all.
75 E. Goldberg: If you do not want any housing built at all,there are better alternatives than what we have provided.Your
76 description however simplifies the process of overlaying a district which requires a great deal of planning,particularly when
77 they could incur stress on adjacent neighborhoods.
78 J. Simons:Respectfully disagreed with Mr. Finn's argument stating the law isn't designed to give people relief,that is the
79 defect in the law.There's no relief for a 40D under the law for very inexpensive,privately funded housing.We looked
80 thoroughly at every piece of property in town and very carefirIly picked the final two. We feel we ended up with the best
81 balance and compromise focusing on Osgood Landing previously zoned for this use in 2007 and Market Basket who is
82 investing in moving/renovating their store.We've ended up with a really good solution to the problem for North Andover's
83 future which complies with the law.
84 13. Goldberg: Disagrees with the fundamental theory that building more housing is a drain or detrimental to the community;
85 believes mixed-use is a positive for the town.The resulting two properties don't seem likely to be imminently developed.
86 Believes the state would see through simply providing technical compliance with the law.Placing units in districts where
87 housing couldn't occur seems counterintuitive.We'd be forced to the bottom of the pile when there are discretionary grants.
88 We put our best foot forward for the town by doing something that complies by the end of this year within the spirit and it's
89 building for the future. We also needed to select districts that won't be controversial in order to gain consensus. We tried to
90 avoid areas that were adjacent to residential areas and considered traffic coming through town,preferring immediate access
91 off major artery i.e.,Rt.495.Appreciated the comments and calculations.
92 [Continued to the May 7,2024 Planning Board meeting]
93
94 565 Chiekering Road,Kellee Twadelle: Application for Limited Site Plan Review under Article 8,Part 3 Site Plan Review
95 and Article 10 Administration Section 195-10.7 of the North Andover Zoning Bylaw. Applicant proposes conversion of
96 former retail space to a religious use.The proposed suite consists of 4,875 SF.The site is located in the General Business
97 zoning district.
2
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair Gerttrtta Wilkens
�F �'�"'w: • Christapl:er I(aslmt'es,
Peter Boynton � Assoc.
John Simons
i
Sean Kevlahan
Tuesday Apri1.16, 2024_O 7 p.m., 120 Main Street- Torun H(W,Noy-tit Andover, MA 01845
98 J.Enright:A draft decision was prepared for the Board's review. A letter was submitted from Emily Walsh,Property Mgr.
99 Brigs,LLC, If the Board wishes to incorporate any of the contingency requests stated in the letter into the decision,that can
100 be done during the Board's review of the decision.
101 E. Goldberg:The Board has reviewed letters from the Condo Board and applicant's attorney as part of the record.
102 Brian Vaughan,Smolak&Vaughan&Owner/Applicant,Kellee Twadelle:No new information,happy to answer questions.
103 Charlena Pasquale,Church Representative-Ministerio Bethel Centro de Adoracion: Requested Board consider a temporary
104 occupancy as the congregation has been out of service since being shut down.
105 E. Goldberg:This Board cannot issue that,that authority would be the responsibility of the Building Inspector.
106 B.Vaughan:ian: He could issue a temporary occupancy and the tenant/applicant proceeds at their own risk.
107 J.Enright: The draft decision conditions recording the decision prior to approving a Certificate of Occupancy.
108 Joe DiBlasi,Plaza Condominium Board Representative: The Condo Board is more in agreement with the tenant/applicant
109 than disagreement;believes their proposed parking mitigations are sound,but would like them included in the Board's
110 conditions of approval.
111 E. Goldberg.:This is an existing building in which the use is changing, building is part of a condo association with rules
112 regarding parking which historically has not been enforced.This is a parking issue;the new use requires more parking on a
113 limited basis and during off hours. The best way to go about this is not to establish conditions mainly because there aren't any
114 conditions for the buildings in that lot. However,there are certain assurances,promises and instructions in place that the
115 Board will rely on regarding good faith representations for our Findings of Fact;Nye will adjust if it's not working.
116 P. Boynton: The attorney's letter is a helpful reminder of the care that should be taken and considered here.
117 J. Simons: Agreed the manner to proceed is a sound approach.
118 MOTION: J. Simons made a motion to close the public hearing for 565 Chickering Road, S. Kevlahan seconded the motion.
119 The vote was 4-0,unanimous in favor.
120 MOTION: P. Boynton made a motion to approve the Limited Site flan Review Special Permit for 565 Chickering Road,as
121 amended and subject to conditions. S. Kevlahan seconded the motion. The vote was 4-0,unanimous in favor.
122
123 492 Sutton Street,Tango Hotel,LLC: Application for a Site Plan Review Special Permit under Article 8 Supplementary
124 Regulations,Part 3 Site Plan Review and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. The
125 applicant proposes construction of four prefabricated hangars including two T-hangers(encompassing 13,730 SF)and two
126 maintenance hangers(encompassing 10,960 SF)on 62,790 SF of leased land area on the South Ramp of the.Lawrence
127 Municipal Airport property. The leased land area is located approximately 500 feet from Sutton Street,the nearest public
128 road. The project is located within the Industrial 2 Zoning District.
129 Andrew Lechner,on behalf of Don Borenstein Johnson&Borenstein:Rendered no further comments.
130 J. Enright:There's a plain change before your review. Stantec,the airport's engineer,recommended the two buildings shown
131 on the right side of the site plan be shifted 10 feet(no change to hangar sizes)to the right. To account for this shift the lease
132 area was increased in order to maintain the 20' distance between the buildings and lease line. NAFD reviewed the revised the
133 Swept Path Analysis and approved of it.No stormwater changes resulted. Shared memo written by J. Borgesi,Town
134 Engineer,with the neighbors who attended last meeting;briefly summarized memo. He is satisfied with the overall airport
135 drainage plan submitted by the applicant in response to his request. The plan shows where the drainage flow exists onsite and
136 where it flows downstream from the leased area. He has submitted final signoff.No public comments or questions were
137 received.
138 MOTION: S. Kevlahan made a motion to close tine public hearing for 492 Sutton Street,Tango Hotel LLC.J. Simons
139 seconded the motion.The vote was 4-0,unanimous in favor.
140 MOTION: P. Boynton made a motion to approve the Site Plan Review Special Permit for 492 Sutton Street,'Tango Hotel,
141 LLC,as amended and subject to conditions.J. Simons seconded the motion.The vote was 4-0,unanimous in favor.
142
143
144 ADJOURNMENT
145 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by P. Boynton. The vote was 4-0,
146 unanimous in favor. Meeting adjourned @ 8:22 p.m.
3
Town of Nortli Andover
PLANNING BOARD
Geanna Wilkens
LGitar Goldberg, Chair • fiQ siFn,�s ChristopherKosrrores,
Peter Boynton •
John ,Simons • ASSOC.
,Sear Kevlahan
Tuesday April 16, 2024 (a),7 p.m., 120 Main Street- Town Hall,North Andover,MA 01845
147
148 MEETING MATERIALS: Planning Board Meeting Agenda April 16,2024,DRAFT Planning Board Meeting Minutes
149 April 2,2024;Stuff ice uri:240416 Sinff Repuri;Annual To%vn 1`y;Eeedny Zultlnp+Byiasy Amendmeni Ariicics:MB TA
150 Multi-Family OD:240403 Clean MBTA Draft Multi-Family Housing OD,EOHLC Pre-adoption feedback 4-3-24; Citizen
151 Petition Warrant Article,James Worden:240222 Copy of Citizen Petition HBOD;492 Sutton Street,Tango Hotel,LLC:
152 Department Review:NAFD: Rev SWEPT Path: 240410 rev—autoturn,240411 NAFD approved autoturn,240403 Question
153 to NAFD,240405 NAFD Comment,240416 DPW Engineering Final Comments;Rev Plan:Tango Hotel Hangar Site
154 Plan rev-2024-04-10, Stormwater Review:2024-04-10_Response to Engineering,240410 J.Borgesi--Sutton Sheet Drainage
155 Concerns,Tango Hotel overall airport drain plan,240416 draft SPR Decision 492 Sutton Street;565 Chickering Road_,
156 Kellee Twadelle:Araton:240305 565 Chickering Rd LSPR,Public Comment:Resp.to Public Comment:240415
157 Applicant Ur to Planning Board,240410 Prop. Mgt.Letter to Planning Board, Supplemental Filings:240402—Outline of
158 Proposed Conditions for Church Parking,240402 Ltr to Planning Board to Supplement Filing,240416 rev draft LSPR Dec
159 565 Chickering,Plaza Parking table;Planning Board Report:2024 Planning Board Report in Warrant.
4