HomeMy WebLinkAbout2024-07-16 Planning Board Minutes Al
Town of Nord?Andover li
PLANNING BOARD
Eitmr Goldberg, Clrair Christopher Koskores
Peter'Boynton
John Simons LL
Sears Kevlahasr
Tuesday July 16,_.2024 a, 7u.rn., 120 Main Street— Town Hall, Nor-tit Artdoyet,,MA 01845
1 Present/Planning Board: J. Simons, P. Boynton S. Kevlalian(remote),C C. osko_. osko Kres
2 Absent: E. Goldberg
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3 Staff Present:J. Enright
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5 J. Simons,Actiny Chairman:The Planning Board meeting for'Tuesday,July 16,2024,was called to order at 7 p.m.
6 Acting Chair read the Governor's Executive Order into the record.
7 STAFF REPORT
8
9 ANR PLAN
10 303 Pleasant Street,AOW&BPD Trust: Lot line change for 303 Pleasant Street and 16 Court Street.
11 J.J. Enright: Applicants wishes to convey 1,346 SF(shown as Lot D)to 303 Pleasant Street(Lot 59A).Result of the transfer
12 creates Lot l IC and Lot 59B(which combines Lot 59A& 11D).Newly created lots maintain enough acreage and frontage.
13 MOTION: P. Boynton made a motion to direct the Planning Board to sign the Form A mylar on behalf of the Board for 303
14 Pleasant Street& 16 Court Street.C.Koskores seconded the motion.The vote was 4-0,unanimous in favor.
15
16 CONTINUED PUBLIC HEARINGS
17 189 Willow Street,Vincent J. Grasso: Continued to the August 13,2024,Planning Board meeting.Application for a Site
18 Plan Review and Corridor Development District 1 Special Permits under Article 8 Supplementary Regulations, Part 3 Site
19 Plan Review, Article 16 Corridor Development District, and Article 10 Administration(195-10.7)of the North Andover
20 Zoning Bylaw. The Applicant proposes constructions of a 6,777 SF single story building with 20 parking spaces, associated
21 driveway,utilities and associated improvements.The project is located within the Corridor Development District 1 (CDD1)
22 Zoning District.
23
24 NEW PUBLIC HEARINGS
25 335 Salem Street,JCE Property Development,LLC: Application for a Watershed Special Permit under Article 4 Part 5
26 and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize construction of a new single-family house, i.nfi-ast•ucture,
27 and site grading on an undeveloped lot within the Non-Discharge Zone and subsurface drainage within tine Non-Disturbance
28 Zone of the Watershed Protection District.The property is located in the Residential 3 zoning district.
29 J.Enright: Tine engineer, Jack Sullivan, is not present this evening.This lot was established several months ago via ail ANR
30 Plan.Described lot locus. Applicant is proposing construction of a new house located outside the 150 ft.Non-Disturbance
31 zone,however,the stormwater structure is located within the Non-Disturbance zone.The wetland is toward the fear,noted 25
32 ft.,50 and 100 ft. lines.They are not before the Conservation Commission as they are not within the 100 ft. line.
33 J. Simons: When was the Form A completed?
34 J.Enright: The Form A was approved several months ago.After approval the applicant received a Variance from the ZBA for
35 Contiguous Buildable Area,
36 J.Enright: Proposed stormwater is a subsurface chamber system to infiltrate roof runoff. Tine system overtlows through
37 downspout openings.The site is discharging greater than 100 ft, from the Bordering Vegetated Wetlands and per the
38 consultant,should not cause erosion in the waters.The first stormwater review report has been sent to the applicant and
39 engineer.The response to those comments is pending. The house is a 2.5 story wood fi•ame, all setbacks and frontage comply.
40 file garage is located to the fight of the house under the first floor.
41 J. Simons: We cannot discuss much this evening without the engineer present.
42 Bobbi Xayarath&Nathan Styles,abutters,240 Marbleridge Rd.: Resides at the corner of Marbleridge and Salem St,with a
43 pond and intermittent stream that flows onto the property and feeds the pond. Water originates upstream,goes into our pond
44 and goes to the town culvert. Heavy rains cause a lot of water to flow onto our property and landscape; it doesn't always stay
45 contained within that area. Concerned that a new building may exacerbate current water problems that exist,adjacent
46 properties also affected.Understands mitigation efforts addressing water flow issues but not convinced that fiirther problems
47 will be prevented. Questioned if the new filtration system fails,how will it be remedied and who is responsible for that.
48 Attended ZBA meeting to contest this as a buildable lot;ZBA issued the permit deferring to Planning as a Watershed issue.
49 Still questions this as a buildable lot.
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Town of North Andover
PLANNING BOARD
Eitart Goldberg, Chair rr�, Christopher Koskores
Peter Boytitort
Johfl Simms
Semi Eevlaharr
Tuesday July 16, 2024(a, 7,p.m., 120 Main Street— Town Hall,North Artrlover, MA 01845
50 J, Simons: Stated that if this were not in the Watershed,it would be a Form A lot and there would be no Planning Board
51 hearing at all.
52 Nathan Styles:Design and correct installation is critical or we will be affected. Concerned Sullivan Engineering's 2023 report
53 prepared for ZBA has not been revisited;no evidence Sullivan has been on the property since. Permit states no trees to be
54 removed;trees were removed after the property was purchased,before this permit was applied. Questioned plot map accuracy
55 which shows our parcel as owned by the Morgan's;we have been living there 6 years. The new filtration system is very close
56 to the 100 ft, line if the snap is off by 5 or 10 ft,there could be an issue.
57 Janet Dellea resident 255 Marbleridge Rd.:Attests to abutter's comments. Marbleridge Rd.goes downhill at a 35-40 degree
58 angle to the stop sign at Salem St.There is standing water on the abutting property at 260 Marbleridge Rd. every year and it
59 goes back and abuts the lot in consideration, Expressed concerned for overall drainage problem in the area.Pears adding
60 another structure will exacerbate the issue.Has lived at residence 18 years and there's always standing water at 327 Salem St.
61 J. Simons: Which way does the water flow?
62 J. Dellea: Water flows down Marbleridge Rd.to Salem.St.There's a brook behind us that fills in the pond that Bobbi referred
63 to. These neighbors have had many water problems clue to constant flow of water on their property and adding to that would
64 be terrible. Concern for other drainage issues there,before you start adding to the problem,Ridgewood Cemetery replaced the
65 bridge last year after being washed out;water goes downward to Steven's Pond,
66 P. Boynton: It flows to"the Hatch"-the closest point of the Lake.
67 J. Simons:Has DPW looked at this?
68 J.Enright: DPW was sent the application and didn't express opinion.This application will go through stormwater peer Post
69 development flow cannot exceed the pre-development flow of water from the lot.Jack Sullivan has one memo from our peer
70 reviewer,which lie will need to respond to.An Operation&Maintenance Plan will be required,which is conditioned as part
71 of the Watershed Special Permit(WSP),if approved.
72 Board:Agreed to defer voting on the WSP to next meeting in order to bear fram the engineer.
73 James Erb, Contractor,JCE Development: Stated he is a 23-year resident of town,raised children here,not an outsider to this
74 project;has 42 years of construction experience. Consultants and civil engineers were hired to design this to the requirements.
75 Successfully installed hundreds of these filtration systems,
76 Melissa Marrama,homeowner,327 Salem St.:New to the neighborhood,recently purchased colonial"flagship"home to the
77 ANR in November.Very concerned for drainage after seeing a lot of water in the barn adjacent to newly created lot. The
78 water problem on the new lot is severe; invited Board to visit site to view the level of water. Has water in the barn abutting the
79 property. Cannot understand how the lot line was approved; lots are on top of each other.Believes she was misled not
80 realizing'/4 of the driveway belonged to JCE Development without an easement granted back which remains a separate safety
81 issue.
82 J. Simons: When you bought your home and lot,they had been separated?
83 M. Marrama:They were separated in July,purchased hone in November of 2024, Was misinformed of correct lot line.The
84 builder did his due diligence.Major concern for water on the site which has gotten worse,there have been many trees
85 removed.
86 C.Koskores: Confirmed neither JCE Development nor M.Marrama were part of the former lot ownership.
87 J.Enright: Read abutter comment 7/16/24(240716 Abutter Comment--Joseph Averka,_260 Marbleridge_Rd.)into the record.
88 Abutter concerned for stormwater flowing onto this property;stormwater construction as proposed will cause an increase in
89 that flow. Requests Board require the applicant to design the stormwater management system so that the post-construction
90 flow does not exceed the pre-construction flow and require the applicant to add a green barrier along the boundary to his
91 property,the plantings be native species monitored for 3 growing seasons. Owner authorized his caretakers and Attorneys Rep
92 to represent him at the hearing.
93 J. Simons: Questioned whether the ZBA decision was reviewed.
94 J. Enright: Will review the decision and include it in the next meeting packet for the Board.
95 [Continued to the August 13,2024 Planning Board meeting]
96
97 (Peter Boynton recused himself at 7:35 p.m.)
98
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Town of North Andover �
PLANNING B DARD I
i
Eitarr Goldberg, ChairC/rristopher Koskores
�4ytt�nr�,�..•
Peter Boynton •
Jolla Simms •
Serra Kevlaharr
Tuesda v July 16 2024 7 .m. 120 Maim Street— Town Hall North Arrrlover MA 01845
99 56 Acadeniy Road,James Worden: Application for Historic Barn Overlay District Special Permit under Article 20 and
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100 Article 10 Section 195-10.7 of the North Andover Zoning Bylaw, The Applicant proposes use of the 1950 cow barn for
101 prototyping of solar boats and ceramic art. The project is located within the Residential 3 (R-3)Zoning District.
102
103 James Worden 84 Academy Rd. &Peter Boynton, 320 Stevens St.:Provided project overview for the record. Submitted
104 application,received letter from the Historic Commission.All is in place;certified mailing is complete. Activity in the barn
105 will be prototyping solar boats and ceramic art. Windows will be replaced similar to existing;heat will be via geothermal or
106 air source heat pump;no existing heating or air conditioning in the barn now. Will meet all requirements under the new
107 Historic Barn Overlay District bylaw in terms of limit of inside work,liinnit of anything coming out of tine four walls,parking
108 and no outdoor storage.The prototype solar boat has been assembled and is being tested on the Merrimack River.Anticipates
109 permit approval and the continuation of the colonial heritage of Kittredge Farm,which was farming via benefit of the still and
110 plants, to farming via benefit of the sun of solar powered boats at the farm.
111 J.Enright: Showed aerial of the site and location of the 2 parking spaces which per the bylaw must be obscured from the
112 street;no additional pavement added. Clarified hours of operation 8-6 p.m. Mon-Sat.with up to 2 vehicles;off hours with no
113 vehicles from tune to time,with no Iight or anything perceptible from the street or neighbors.
114 C. Koskores: Supports this project.
115 S. Kevlahan: Confirmed the sound generated will be less noisy than a gas outboard.
116 J. Worden: inside the barn we spin motors slowly. Interior sound may include tools like a drill,nothing loud. Ceran-►ie art
117 component is non-noise producing.These boats are silent on water.
118 J. Enright: The zoning bylaw amendments have been sent to the Attorney General's Office,After Town Meeting they have 90
119 days to approve them and we have not received approval yet. The draft decision included inn the nnecting packet requires
120 approval by four of a five member Board. Since there are only three voting members tonight the decision will need to be
121 carried to the next meeting.
122 [Continued to the August 13,2024 Planning Board meeting]
123
124 (Peter Boynton rejoined tine meeting at 7:45 p.nn.)
125
126 1101_Turnpike Street,Metrowest Realty,LLC: Application for a Land Disturbance Permit in connection with proposed
127 construction of a parking lot expansion at the Merrimack Valley Operation and Maintenance Facility(National Grid).The
128 project consists of repaving and restriping of an existing parking area,a parking lot expansion,stormwater and ancillary
129 landscape improvements retaining wall,and utility improvements to support its use, The property is located in the Industrial 1
130 zoning district.
131 J.Enright: Stormwater peer review has begun;tine first round of comments has been submitted;response is pending.The
132 applicant has filed a Notice of Intent with the Conservation Commission. The application before you is under the provisions
133 of Chapter 165: Stormwater Management and Erosion Control bylaw and Chapter 250: Stormwater Management and Erosion
134 Control Regulations,not the zoning bylaw.The applicant is proposing to construct a 72-space parking lot expansion and
135 repavelrestripe the 6,000 SF existing lot.The proposed parking lot expansion includes landscaping,utility,and stormwater
136 improvements. The project will disturb approximately 56,000 SF and increase the impervious surface by more than 22,000
137 SR A portion of the proposed site work is within the 100-foot buffer zone to an onsite resource area,as well as the 200-foot
138 riverft-ont area of an onsite perennial stream.Tile stormwater management system includes catch basins that discharge into a
139 gravel wetland with a sediment forebay. Per Chapter 165 the Planning Board shall take final action on an application within
140 60 days of receipt of a complete application. If, ill the Planning Board's opinion,additional time is required for review,the
141 Planning Board,by written agreement of the applicant,may continue a consideration of tine request to a date certain
142 announced at the meeting.The application was timestamped on June 13,2024. Sixty days from that date is August 12th,and
143 the next Planning Board meeting is scheduled for August 13,2024. Therefore, an extension is needed.Tine applicant has
144 agreed to extend the time to September 12,2024 and has provided a signed"Request for Extension" form that is included in
145 your packet.This allows for hearing dates of August 13,27 and a draft decision on September 1 Oth. if the stormwater peer
146 review concludes ahead of the August 27 meeting a draft decisions could be considered at that meeting. Recommends the
147 Board motion to accept the request for extension. Department review comments have been received from Health and DPW
148 Operations;no concerns were communicated.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair z�►,, Christopher Koskores
Peter Boynton •
John Simons
Sears Kevlahan
Tuesday July 16, 2024 a, 7 p.m., 120 Main Street— Town Hall,North Andover,MA 01845
149 Karen Staffier-PE V14B & Shane Michniewicz,PE,VHB: Site is National Grid's Merrimack Valley Operation facility. It is
150 roughly 30-acres and there are resource areas along the perennial stream which bisects the site flowing west to east. Parking
151 expansion is in the front of the building;the large lawn area viewed fi•om Turnpike St.Project goal expands the small existing
152 parking area to provide additional parking for office employees and visitors to the site.The expansion will be on the front
153 lawn area;test pits have been performed.From an existing stormwater standpoint,3 main areas water travels to: overland to
154 Turnpike St.,toward the vegetated area to a catch basin adjacent to the existing site drive,collected by a catch basin and piped
155 underneath the site drive moving downstream through the wetland system.The existing parking lot has a single catch basin
156 that discharges through its own outfall to the wetland that's buffer zone is closer to the building with a separate discharge
157 point. Showed proposed condition with 2-bays of parking for efficient circulation,added EV charging,bringing the accessible
158 parking up to code to accommodate for the added parking spaces and construction of a new stormwater management system
159 that collects and treats not just the water from the additional impervious cover but adds the old parking lot area to the system;
160 mitigating and retreating not just the water that lands on the new impervious but the whole parking lot. It will be collected by
161 the blue pipe noted on the drawing and routed to a long linear basin which is a gravel wetland. Considered different
162 stormwater BMPs;depth to ledge was unfavorable to specify an infiltration system. In order to meet the TSS removal
163 Requirements,meet the peak rate and attenuation requirements of your bylaw,and the state Storrnwater Management
164 regulations,we selected a"grave wetland"providing phosphorous treatment and total suspended solids. Proposed landscaping
165 is comprised of trees within the parking lot, and screening on the Turnpike St. side.Due to slope,predicts it won't be visible
166 being tucked into the hill. Submitted erosion&sedimentation control plan and O&M Plan with the application to ensure long
167 term maintenance of the system.
168 P.Boynton:The front lawn area has quite a slope?What is the highest point above grade?
169 K. Staffier:There is a fair amount of pitch;we found a balance point where to fit the basin in,avoiding the Riverfront area.
170 The retaining wall(between the parking area and linear catch basin)creates a level area for the parking lot and the slope ties
171 into existing.Highest grade is about 7-8 ft.above grade.Anticipates needing a building permit for the retaining wall.
172 J. Simons: Is there a topography plan showing existing and proposed,there's a lot of variation.How much dirt do you have to
173 remove for this?
174 S.Michniewicz: Showed topo plan with bold lines as"proposed"and light gray lines as"existing".Parking is higher than the
175 retention wall.The grade of the parking lot varies from 223' to 227'pitching down east to west;two catch basins are at local
176 low points.Existing parking which is being regraded and restriped will grade down to those catch basins.There is enough
177 space on the other side to grade out to a vegetated slope. We are limited on the south side due to the riverfiont area.
178 K. Staffier: Does not currently have the earthworks estimate;there may be ancillary soil removal.
179 P.Boynton: What percentage increase of the current parking does the added parking represent?
180 K. Staffier: Does not have full account of existing parking on site;ballparked current spaces-200-250 total.adding 66. Offered
181 to follow up with more accurate numbers.National Grid downsized headquarters at Sylvan Rd, in Waltham to a smaller
182 facility in Waltham.Their employees work out of various offices;employees gather and report out of this facility. Cannot
183 speak to the building capacity.
184 J. Simons: This impinges indirectly on Site Plan Review(SPR)even though this technically is not SPR,it has the same
185 elements.At some point,the use may be different,hours of operation,number of people coming in and out,there's no
186 structure to trigger SPR but if the use changes requiring more parking,that would trigger SPR.
187 K. Staffier: The use remains; it is being used as a National Grid Operations facility.
189 P.Boynton:Are you in a position to know whether the use is changing?
189 K. Staffier: Was informed the use is not changing,but they're insufficiently parked.
190 P. Boynton: We would appreciate it if someone from National Grid could meet with us to convey their goals.
191 J. Simons: This is fairly complex engineering,retaining walls and big cuts. It is visually concerning placing a large parking lot
192 and detention pond in the front of a property with hardly any trees added.
193 P. Bo, nto:This is a property,that when you drive by,is pleasant to see and now there's going to be a huge parking lot there?
194 I would like to know why?It resides next to a major roadway and it cannot impact that roadway during a potential major rain
195 event. I'm certain you designed to major standards,but have you considered the standard that"things seem to be getting
196 worse" in terms of inipactful rain events.
197 K. Staffier: That has become the Current standard of engineering;does not reference TP40 storms anymore.Feels confident
198 engineering is solid and will request the client attend a meeting. Horsley Witten's comments were fairly minor.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair' Christopher Koskores
• �y'� ass
Peter Boynton •
John Simons '
Sears I(evIahan
Tuesday Jrrlll ISr 2024�a 7p.in., 120Main Street— Tolyrr Hall, North Anrlol�er, MA 01845
199 P. Boynton: A year ago it rained 6"in one day, in North Andover.That's not the nor€n,but we need to prepare for that now.
200 Requested a visual perspective from Rt. 114 of what this is going to look like.
201 J. Enright: Questioned whether there will be a lighting plan.
202 K. Staffer: Will bring the request for a rendered perspective back to the client. Did not include a lighting plan; it is not under
203 the purview of the permits being applied for; focused plainly on content.
204 J.Enright: Questioned what operates in the Local Union Building just to the north of this building?
205 K. Staffier: That is a local IEW office-use space;not leased as a residence.The next closest residential is Empire Dr.which is
206 well screened.
207 J,Enright:Next meeting is 8/13/24, expects stormmmwater to be wrapped up.Questions may be answered at that ineeting.The
208 applicant is before the Conservation Commission as well;their hearing was supposed to open tomorrow night but based on
209 the stornmwater review not advancing,they're continuing to their next meeting.
210 K. Staffier: Opened with Conservation a few weeks ago,continued;meet again August 14,2024.
211 [Continued to the August 13,2024 Planning Board meeting]
212
213 DISCUSSION ITEMS
214 MassDOT Rt. 114 Roadway Improvement Plan: Status update.
215 J. Enright: Last update was 4/2/24 there were a lot of milestones that were going to be between then and the beginning of July
216 at your request reached out to therm again for an update. MassDOT received the 100%design submission from GPI the
217 engineering firm on 6/28/24. They now begin their 45-day review period and will be finishing any remaining environmental
218 permitting.The scheduled ad date is now April 19"it was going to be January at their update in April.Now it has slid to 4/19
219 and the preliminary right-of-way has been accepted;the right-of-way division is working with property owners.
220 P.Boynton:Any update on the Andover St./Elm St.turn at Merrimack?Is the lane improvement on track?
221 J.Enrip-lit:At the last update,they said that it's now included in their plans. Didn't receive updates on individual segments.
222 Pre-construction meeting at Merrimack occurred yesterday;they will be starting construction of the dorms shortly.
223
224 Planning Board: P.Boynton&E. Goldberg filmed a quick video advertising the event for time Accessory Dwelling Unit
225 Open Forum. It has been advertised on town social media,NACAM runs it between programming, a Save-the-Date message
226 was sent out prior to that. It is on schedule for 7/29/24 at 6 p.m. at time NA Senior Center
227
228 MEETING MINUTES: Approval of June 18,2024 meeting minutes.
229 MOTION: P.Boynton made a motion to accept the minutes for June 18,2024, C. Koskores seconded the motion.The vote
230 was 4-0,unanimous in favor,
231
232 MOTION: C. Koskores made a motion to adjourn the meeting. The motion was seconded by P. Boynton.The vote was 4-0,
233 unanimous in favor,Meeting adjourned(rt�7 8:10 p.m.
234
235 MEETING MATERIALS: Planning Board Meeting Agenda July 16,2024,DRAFT Planning Board Meeting Minutes June 18,2024;
236 Staff Report:240716 Staff Report;303 Pleasant Street/16 Court Street ANR:ANR application form,240701 303 Pleasant St-16 Court
237 St ANR;335 Salem Street:WSP Application:Watershed Permit 335 Salem Street for submittal,Rev.application,335 Salem 06042024,
238 Stormwater Peer Review:240619 HW P' SWPeerRevietiv_335 SaternStreet, Department Review:240611 NAI^D Comment,240611
239 Health Comment,240611 Conservation Comment, Abutter Comment:240716 Abutter Comment--J.Averka 260 Marbleridge Rd.,Locus
240 --335 Salem Street;56 Academy Road,James Worden:Application:Property Card Kit Turn 1950 56 Academy Rd,Owner Cow Barn
241 Project Authorization,North Andover historical Society barmen opinion letter 6 21 24,Barn Use Narrative for Special Permit Application,
242 Application for Special Permit,Abutters List,240716 56 Academy Rd HBOD SP—draft; 1101 Turrpike Street,Metrowest Realty,LLC:
243 Stormwater Peer Review:240701 HW_SWPeerReview_1101TurnpikeStreet,Presentations:240716 PB 1101 Tpke-Renderings for
244 Hearing,Department Review:246617 Health Comment,240613 DPW Operations Comment,Application:NGrid North Andover Land
245 Disturbance Permit Application REV 161101 signed,Certified-.Abutters-List, 1629300_Local Approvals Planset(2024-05-30)stamped,
246 1629300 Stormwater Report 2024-05-30, 1101 Turnpike Deed, 1101-Turnpike-St-Request-for-Extension-signed.
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