HomeMy WebLinkAbout2024-05-07 Planning Board Minutes Town of North Andover
PLANNING BOARD
Eitan Goldberg, ChairGe�z�rrra Wilkens
' ► „'�s Christopher I(oshores,
Peter Boynton Assoc.
John Simons '
Sear Kevlahart
Tuesday May 7, 2024 a 7 E.m., 120 M(, Street- Tatum Hall,North Andover, MA 01845
1 Present/Planning Board: E.Goldberg,J. Simons,P. Boynton, G. Wilkens,C. Koskores,Assoc.
2 Absent: S. Kevlahan
3 Staff Present: J.Enright
4
5 STAFF RI✓PORT
6
7 BOND RE,LLASL
8 41 wile Way,Howell Custom Buildinj4 Groin: Request for release of a$1000 performance bond associated with a
9 October 15,2019 Watershed Special Permit approval to allow for construction of a deck within the Non-Discharge Buffer
10 Zone.
11 J. Enright: This small deck project was permitted in 2019.An as-built plan and engineer certification letter are included in
12 your packet.Recommends full bond release.
13 MOTION: J. Shnnons made a motion to approve the full bond release,plus interest,for 41 Saile Way, G. Wilkens seconded
14 the motion.The vote was 5-0,unanimous in favor.
15
16 DISCUSSION ITEMS
17 65—88 High Street,AvalonBBa : Report of Condition 43 of the February 25,2020 approved Sub-District A Definitive
18 Master Plan Special Permit,which required a traffic monitoring program for a two year period beginning approximately one
19 year after the first Certificate of Occupancy was issued for a residential building.
20 J.Enright: This traffic monitoring program was conditioned to compare actual trips to projected trips over 2 yews. This report
21 is slightly beyond 1-year occupancy because it made sense to wait for Avalon Phase 2 (51 units across High St.)to become
22 fully occupied so those trips could be included in the report.A representative from VHB is here to report findings.
23 Vinod K. Kalikiri PE VI-IB: Presented results of post construction traffic monitoring study. Submitted monitoring study
24 dated February-2024,resulting in no adverse impacts;numbers are tracking in line with original projections;morning peak
25 hours were slightly higher,20 addl. trips per hour,which does not represent significant change. Eight to nine hundred ears
26 travel on High St. during that time;the delta between what was estimated and observed has no visible impacts on traffic
27 operations. Also included intersection of High St.and site driveway which serves other users,RCG and Sutton Pond
28 Condominiums,East and West sides of High St.;the total traffic count is much lower. There were no quantifiable impacts to
29 High St. Studied loading dock on south side of the subdivision over course of two days;all but one trailer were box trucks;
30 loading dock is functioning adequately without impact to the subdivision road.
31 J.Enright: The town initiated a bump out at the entranceway to narrow the crosswalk distance across high Street. Some
32 reported difficulty making a right turn out of the new subdivision roadway when calls were traveling down High Street. This
33 has been brought to the Town Engineer's attention.
34 J. Simons: Feels this project would have benefited from a parking garage;the parking overwhelms the lot.
35 J.J. En right: VHB to revisit this study again next year.
36
37 CONTINUED PUBLIC HEARINGS
38 189 Willow Street,Vincent J.Grassy: Continued to the June 4,2024 Planning Board meeting. Application for a Site
39 Plan Review and Corridor Development District 1 Special Permits under Article 8 Supplementary Regulations,Part 3 Site
40 Plan Review,Article 16 Corridor Development District,and Article 10 Administration(195-10.7)of the North Andover
41 Zoning Bylaw. The Applicant proposes construction of a 6,777 SF single story building with 20 parking spaces, associated
42 driveway,utilities and associated improvements.The project is located within the Corridor Development District 1 (CDD1)
43 Zoning District.
44
45 (P.Boynton recused himself at 7:14 p.m.)
46 Citizen Petition Warrant Article,Jarnes Wrden_:
47 • Historic Barn Overlay District
48 E. Goldberg:Discussed strategy for Town Meeting. Mr.Worden will initiate the motion since it is a Citizen Petition.He will
49 speak for a few minutes about the article. Eitan will mention the Planning Board unanimously supports this article
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair can, Getttrttrr WilkensPeter Boynton4� �6 Christopher Koslrores,
Joltrt.Simons
Assoc.
Sean Kevlahan
TriesdaV MaV 7 2024 7 pan., 120 Main Street- Toiwn Hall North Andover MA 01845
50 recommending favorable action and that the Board would have taken this up as an article if we had time.Will mention we
51 anticipate expanding this to other areas of town,preferring to test it out keeping it small at the start.
52 (Continued to May 14,2024)
53 (P.Boynton rejoined the meeting at 7:16 p.m.)
54
55 Annual Town Meeting Zoning Bylaw Amendment Articles:
56 • MBTA Communities Multi-Family Housing Overlay District
57 J. Enright:No comments have been received;Master Plan Implementation Committee(MPIC)submitted a letter for the
58 Board's review.
59 E.Goldberg:The MPIC letter states that the MBTA bylaw hits many points in the Master Plan.Chair,John Strauss to address
60 this at Town Meeting. Has overheard the concerns and understands there is a local organization in opposition of MBTA
61 Communities Multi-Family Overlay District and would like to discuss items raised.Negative comments on one side say,"it
62 doesn't build enough housing";the other side,"it creates too much housing".Locations selected have no immediate impacts.
63 Osgood Landing is already zoned 40R;no indication anyone is going to develop that site and haven't for the last 17 years
64 when it was zoned.Market Basket was approached as to their interest in doing multi-family and they responded,"that's not
65 what we do". In the future they might, it's clear that there will be nothing in the next few years. If it did occur, it would
66 involve a multi-year planning project.
67 P.Boynton: Questioned whether the Town has received any inquiries for potential new development?
68 E. Goldberg: I'm not aware of any.
69 J.J. Enr gh :Not under the draft bylaw,which would need to pass first.
70 J. Simons:The two properties that make sense to this group were Royal Crest&Village Green(later clarified to be Heritage
71 Green).The last thing you would want to do to avoid more housing is consider Village Green. A developer could buy out
72 every unit in that complex and build something much bigger;Royal Crest was addressed and rejected at the last Town
73 Meeting.
74 E. Goldberg: We're only required to consider 50 acres and presented 90.Theoretically, it could all occur at one site i.e.,
75 Osgood Landing but if someone considered building there it would be the required 1200 units in one location.
76 J. Simons: We have to reach a unit number of 1200;under the zoning you have to allow a minnnum of 15 units per acre.
77 Let's say we only consider one site and develop Osgood Landing at 60 acres. Does this mean if we only develop one parcel
78 that the 15 units automatically becomes 20 units per acre?Can we consider more than 15 units on the one parcel?Would we
79 be considered compliant with 60115?
80 E.Goldberg: We'd need 80 acres if we did it at 15 maximum and we'd have to increase the density in our bylaw.
81 J. Simons:That's my point,you can achieve that by tweaking the minimum in the bylaw. If you start to ratchet it up and make
82 it too high at some point by focusing on one property you create an inducement.At 20-30 units per acre somebody may do
83 something that they wouldn't do at 15.You can do that,but you would have to tweak the minimum in the bylaw.
84 E. Goldberg: We've chosen to spread it out so that if these are built there's not as much burden in one place nor density in
85 each place.Allowing for mixed use potentially lowers the density of the overall project.
86 E. Goldberg: Expressed frustration that there have been 20 or so meetings discussing this and the opposition a month before
87 Town Meeting is saying,"Just Say No". If there were other viable options,we would have considered them.If people have a
88 viable option,they should have come in to discuss it.We need to be in compliance with this,there's so much grant money at
89 risk. If someone wants to propose something else then bring it back and we can amend it later on.Voting"no"leads us to a
90 Special Town Meeting,costing the town$20-25K and likely resulting in something that isn't as good.
91 A. Shapiro: The finding at risk totals approx. $6.8mi1 over the past 5-7 years.MassWorks-has$5 mit spread across 2 projects
92 for new sidewalks,roadway paving,pedestrian improvements&sewer extension along Rt. 125,we received a$1.2 mil grant
93 to reconstruct the intersection of Great Pond Rd. and Rt. 125,currently in the design phase.The town of Milton had an
94 awarded grant retracted after rejecting the MBTA zoning. Being in the design phase,we risk the state retracting our fiinding,
95 not having used the funding to construct yet. Other smaller grants include$400K from Complete Streets for work on Sutton,
96 Chadwick&High Streets and some smaller grants for planning&studies. We potentially risk losing our status as a Housing
97 Choice Community giving us advantages iri terms of positioning to apply for grants.There are also park grants;we are
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Town of North Andover
PLANNING BOARD
Gentrna Wilkens
Eitan Goldberg, Chair w En, , Cltristoplter l�oslrores,
Peter Boynton e
John Simons Assoc.
Sean Kevlahan
Tuesday May 7, 2024 C&, 7 p.m., 120 Main Street- Town Hall, North Andover,MA 01845
98 updating our open space and recreation plan; intention is to use these to fund grants to improve playgrounds,athletic fields,
99 etc. and we'd be ineligible for that program. We'd be placed at a tremendous disadvantage. @
100 Ian Burns,MVPC: Stressed this is a zoning analysis,unit capacity would need to be approved; density calculations are
101 calculated exclusive of wetlands.North Andover's bylaw was conditionally approved by the state.
102 J. Enright: Through the permitting process a potential developer would need to comply with federal,state and local bylaws for
103 wetlands, floodplain,wetland buffer zones,etc. j
104 I. Burns: The town is fortunate to have that approval;most communities we are working with didn't receive that certification
105 before Town Meeting. If this does not pass at Town Meeting this year,we no longer have the benefit of having that
106 conditional approval before we go to a vote.
107 J. Simons: Asked for the unit number confirmation that has been approved.
108 1.Burns: They approved North Andover's bylaw and the appropriate math that proves what bylaw can support/fit based on
109 North Andover's requirements. They looked at the bylaw,and the model that was used to show that it reaches the minimum
110 threshold of about 1,200 units and they agreed it meets that threshold in two locations.
111 J. Shnonns: Asked what would happen if we returned to the drawing board and 2 different parcels were considered?
112 1.Burns: If you wanted to be solid before a fall Town Meeting,that would have to be in place 3 months before certifying for a '
113 fall Town Meeting warrant. You would have 3 weeks after May 14",to gather this information.
114 J. Simons: What if we chose not act?
115 I.Burns: You would run the risk if there was an issue with either the bylaw or the math,you may pass a bylaw at Town
116 Meeting,submit it to the state with the risk of technical issues or calculation discrepancies,not being in compliance you may {
117 be required to amend your bylaw. At that point,you've run out the clock because you wouldn't receive feedback until
118 December and you wouldn't have time to go back to Town Meeting to amend the bylaw.They evaluate every single
119 component of your zoning bylaw.
120 J.J.Enright: This was a 90-day state review period,we received it from the response from the state on the 9011'day.
121 J. Simons: If we don't do it now,we've run out the clock,
122 E. Goldberg:This has taken a long time,2-years,with numerous robust discussions.To repeat this within a small time period
123 wouldn't allow for that type of discussion.
124 P. Boynton: This state mandate was passed 2021 and became regulation in 2022 under a different administration, it's not new.
125 Seeking transparency, asked A. Shapiro if he knew of any developers engaging in discussion with the town for either the
126 Market Basket site or Osgood Landing.
127 A. Shapiro: Has not spoken with anyone expressing any interest. With any zoning, if it's put in place any developer can
128 approach us,we have no control over that. We don't know what we don't know.
129 J.Enright: If the bylaw passes,a developer may approach Market Basket or Osgood Landing. It could happen.
130 E. Goldberg,:Believes the two sites presented are set up well for this with good infi-astructure,near the highway;are on the
131 outskirts of town not in a central district creating traffic. They contain all good planning parts having the least impact to
132 comply with this state law and mandate.
133 (Continued to May 14,2024)
134
135 Merrimack Valley Planning Commissioner:North Andover Commissioner vacancy.
136 J.Enright: Atty. Rick Byers, former me€nber of the ZBA, has served as the Town's Commissioner for the past several years,
137 is no longer able to serve in this position for the Commission. MGL Chapter 40B Section 4 gives the Planning Board
138 responsibility of appointing a member.There hasn't been a Planning Board member named Commissioner for quite some
139 time. This Commission meets on the 31 Thursday of each month,except for July and August.Town Manager may appoint an
140 alternate Member to serve when the Commissioner is not available. E.Goldberg agreed to serve in this annual position.
141 I.Burns: This is the governing Board for MVPC.Meetings last 1-2 hours in Haverhill or hybrid. j
142 MOTION: P. Boynton made a motion to appoint E. Goldberg for this MVPC position.J. Simons seconded the motion.The j
143 vote was 4-0,unanimous in favor.
144
145 Planning Board Reyort/Warrant: Included in your packets so that you can see the Planning Board Report is published in
146 the Warrant.
147 Housing)Production Plan,Ian Burns,Merrimack Valley Planning Commission: Presentation of the final draft of the plan.
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Town of Nortli Andover,
PLANNING BOARD
Eitan Goldberg, Chair Gennna Wilkens
• 5�,�� "'w6 Christoplrer'It`oshores,
Peter Boynton •
Jolla Simons Assoc.
Sears Ifevlahan
Tuesday May 7, 2024 (7a, 7 p.m., 120 Main.Street- Town Hall,North Andover,MA 01845
148 lan Burns,&Kayla Rennie,MVPC: Presented Final Draft Plan. Has been working with North Andover over the past year and
149 with every city and town across the region to develop a housing production plan;5-year plan that's guided by state guidelines
150 to produce strategies and goals to create affordable housing in communities. The work we are doing with North Andover is
151 funded through a grant that would be threatened under MBTA Communities. Over 95%of MVPC funding comes through
152 grants.
153 P.Boynton: Questioned potential for conflict of interest.
154 1.Burns: CIarified grants/processes and explained conversations with the state surrounding the concern expressed.
155 P.Boynton: Communicated lie now understands there's no missing disclosure because MVPC salaries are not entirely
156 dependent on these grants.
157 1.Burns: Reviewed Housing Production Plan;process occurs every 5 years.North Andover last updated their plan in 2018;
158 expires in 2023. It is a State guided plan providing some relief if a 40B comes forward;having this plan helps the town
159 achieve"safe harbor"without reaching 10%,while also producing affordable housing.Worked with Planning,Housing
160 Authority and Affordable Housing Trust;three public engagement meetings took place. Plan includes 5 chapters:Community
161 Overview contains a suniniary,Dernogranhic Profile: Trends in population projections from years 2010—2050/resulting in
162 4,014 addl.residents based on census numbers.
163 J. Simons:There's perception in town is that our population has grown due to multi-family housing.Those numbers between
164 2020 and 2030 don't look right if that were true.Questioned how solid the 2030 number was and wondered if there were any
165 interim numbers between 2020 and 2030 to test that.What does the town census for 2023 show?If you went back to 1990 and
166 2000 what do the numbers show and how do we compare to the rest of Essex County?Heard NA growth rate is the fastest
167 than any community in Essex County over the last 20 years.
168 K.Rennie:For the purpose of the graph,we kept the decades to be consistent.We only have census data from 2010&2020
169 The UMass Donahue Institute breaks this down over a 5-year period projected out.
170 1.Burns:We can certainly add that to the chart. Compared to the rest of the region,most of the region is growing but slower
171 than they have in the past,you see the plateau at the end like North Andover.A few smaller,rural communities project a
172 decrease in their population.Does not believe North Andover's rapid growth within the county is realistic.Agreed to
173 represent the decades in the past. We wouldn't want to do interim years because that would be American Communities
174 Survey Data which isn't comparable.
175 P.Boynton: Just one interim-being most recent available,the most current we have,on or around 2023.
176 1.Burns:It's a different data set;we call reflect that in a note somewhere.
177 K.Rennie: Suggested mentioning it in the narrative and putting the two prior decades in the graph for consistency.
178 Demopraphie Trends: Age Distribution Projection Trends:According to the UMass Donahue Institute, 65+population
179 currently at 13% increases to 27%toward the year 2050 as comparable to the rest of the region,decrease in the under 20
180 population aligns across the region where school enrollment is declining.This helps us determine housing types and
181 strategies.
182 J. Simons: In these numbers, do you always calculate the number of residents per housing unit?You could have a stable
183 population,but if the population in the house declines you need more houses.
184 K. Rennie: Average household size is declining;people are having fewer children resulting in the decline in the under 20
185 population. School Enrollment: 2000--2010 numbers were increasing;they plateaued for several years and are trending
186 downward which aligns with age projections and the under 20 age population decline.
187 K. Rennie: In 2015,the schools were missing some data;it could have just been an anomalous year.
188 E. Goldberg:Our school population is trending downward and continues to decline slightly each year. Stressed the importance
189 of having housing choice in a community,ADU's, senior housing,starter homes,allowing for the natural circle of life.
190 K.Rennie: Reviewed Housing Unit Size v.Housing Unit Occupancy: I-or 2 person households make up 54%of North
191 Andover's homes,while I-or 2-bedroom homes make up 38%of North Andover's housing stock;3-or more person
192 households make up 45%of North Andover homes,while 3-or more bedroom homes make up 61%of North Andover's
193 housing stock.The amount of studio, 1 &2 bedrooms has increased,but there's a mismatch between the amount of people
194 living in households compared to the size of their home. We can't expect the numbers to be equal,but it is something to think
195 about when we talk about downsizing, housing choice and opportunity. If you have 1-2 person households who want to
196 downsize to a smaller unit and don't have therm available,you end up competing amongst a smaller inventory;whereas if you
197 offer a more diverse housing stock there would be more options for filtering;communities across the Merrimack Valley have
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Town of North Andover
PLANNING BOARD
Gemina Wilkens
i
Eitan Goldberg, Chait' r��, '
bw �� C111'1stOjJhe1'1Coslrores,
Peter Boynton •
Assoc.
John Simons
Sean Eevlahan
Tuesday May 7 2024 r 7 pan., 120 Main Street- Town Hall North Andover MA 01845
198 a more evenly distributed housing stock.Housing Permit Data from 2000—2023 shows 5-or more units housing permits have
199 increased including more multi-fainily housing development,prior to 2015 it had been mainly single-family permits;
200 Board;Discussed multi-family housing will become more prevalent as spaces for new single-family homes is diminishing and
201 encouraging the things we want to see in town,staying stagnant is not good for the town going forward.
202 Cost Burden Data:Households paying more than 30%of their gross income toward housing,half of all renters are cost
203 burdened; Severely cost burdened is more than 50%of gross income toward housing. One in three households are cost
204 burdened; data is survey based. Affordability Gap:North Andover median household income is$118K,with that,a household
205 could afford a home up to$439K based on current interest rates,20%down payment and costs for taxes and insurance.The
206 2023 median home sale price was$648K. This means there is an affordability gap of$209K.
207 A. Shapiro:North Andover's Community Needs Assessment for Seniors: These results are from a recently completed a
208 Community Needs Assessment sponsored by our Elder Services Dept.who brought in a consultant from the UMass Donahue
209 Institute. They,and did a full analysis and wide-ranging survey and they received a robust response.You gain perspective as i
210 to how important it is to remain living in North Andover as you get older. For most, it is very important which relates to
211 people living here long term and having housing choice and affordability. First floor living availability was analyzed, and
212 whether or not their current home needed modification to improve the ability to live there for the next 5 years. There is a need
213 to provide programs to help seniors make modifications to age-in safely to their homes. When you have the ability to
214 transition to different housing types you open tip those housing units to younger families.
215 L Burns:Next chapter of the plan focuses on housing development consideration,things to consider with housing
216 development. Infrastructure&Environmental Constraints: Plan includes an overview of current infrastructure conditions and
217 considerations the Town should make when making f0hrre housing decisions including-Open Space protections and
218 preservation,drinking water supply,and public sewer availability and capacity.Zoning Constraints:Noting the 6 zoning
219 districts where housing is currently allowed,either by right or special permit.Recommended Strategies: Strategy 1)Consider
220 Adoption of an Accessory Dwelling Unit(ADU)bylaw.Housing Bond Bill: Stipulates an as of right construction of ADUs in
221 all communities.The legislature has not yet taken up consideration of this proposed legislation. Town may wish to wait and
222 see whether the State mandates as of right ADUs before pursuing a bylaw. Strategy 2)Explore ways to expand opportunities
223 for Village Center and Downtown zoning and consider rezoning of downtown. Strategy 3)Reach and maintain compliance
224 with MBTA Communities law. Strategy 4)Explore models that address creation of starter homes,housing units either
225 detached or in a condo development that are owned units with 2-3 bedrooms on smaller lots if detached.Adopt a"Starter
226 Home District"MGL Chapter 40Y, Strategy 5)Conduct ongoing community education on housing development options and
227 challenges. Strategy 6)Retain"Housing Choice Community"designation which will expire for North Andover in 2025.
228 Strategy 7)Participate in regional collaborations addressing housing development. Strategy 8) Continue to assess
229 opportunities for the town and Affordable Housing Trust to work together to identify possible property acquisitions for
230 affordable housing reuse.Next Steps: Planning and Select Board's need to review and approve the plan planned for June
231 2024. Send the plan to the MA Executive Office of Housing and Livable Communities for their review and approval.
232 Implement the plan's goals over the next five years.
233
234 MEETING MINUTES: Approval of April 16,2024 meeting minutes.
235 MOTION: P.Boynton made a motion to accept the minutes for April 16,2024. J. Simons seconded the motion.The vote was
236 5-0,unanimous in favor.
237
238 ADJOURNMENT
239 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by J. Simons.The vote was 5-0,
240 unanimous in favor.Meeting adjourned a 8:58 p.m.
241
242 MEETING MATERIALS: Planning Board Meeting Agenda May 7,2024, DRAFT Planning Board Meeting Minutes April
243 16,2024;Staff Repo►•t:240507 Staff Report;41 Saile Way,Howell Custom Building Group: Recorded Decision,41
244 Saile asbuilt_04182024,41 Saile Way_Eng Cert Letter;Annual Town Meeting Zoning Bylaw Amendment_Articles:
245 MPIC Evaluation:MPIC Letter—Town Meeting Final, MBTA Communities Zoning Master Plan Alignment,MBTA Multi-
246 Family OD;Final Warrant,EOHLC Pre-adoption feedback 4-3-24,240416 Town Counsel Legal Opinion;Citizen Petition
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Town of'North Andover
PLANNING BOARD
Eitan Goldberg, Chair • ��n, Genuna Wilkens
Peter Boynton ' Cliristopher ICoskores,
JohnSimms • , Assoc.
Sean Kevlahatr
Trresdrr T MaV 7 2024 7 p.m. 120 Main Street- Town Hall North Andover MA 01845
247 Warrant Article,James Worden:Historic Barn Overlay District: Final warrant,240222 Copy of Citizen Petition HBOD;
248 65-88 Hijzli Street,AvalonBay:20240216 Traffic monitoring memo-FINAL,20200226 Time Stamped Decision 4 High
249 AvalonBay SubDist A Def Master Plan SP;Horsing Production Plan, lan Burns, Merrimack Valley Planning
250 Commission: 05.01.24 North Andover 2024-2029 HPP DRAFT,5-7-24 Planning Board Presentation;Planning
251 Report/Warrant:final warrant.
252
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