HomeMy WebLinkAbout2024-11-26 Planning Board Minutes Town o,f North Andover
PLANNING BOARD
Eitatt Goldberg, Chair
Christopher Kosl�ores
Peter Boynton ' '. Kate Kelly,Associate
Jolnr Simons "
Sean I(evlahan
Tuesday November 26, 2024{a, 7 pan., 120 Main Street-- Town Hall, North Andover, MA 01845
1 PresentlPlanning Board: E, Goldberg,J. Simons,P.Boynton, S.Kevlahan,C.Koskores,K.Kelly,Associate
2 Absent:
3 Staff Present:J. Enright
4
5 R Goldman Chairman:The Planning Board meeting for November 26,2024,was called to order at 7 p.m. This meeting will
6 be considered hybrid with remote and in person attendance.Chair read Governor's Orders into the record.
7
8 BOND RELEASE
9 1975,1985, 1995 Salem Street,Livingstone Development Corp.:Request for release of two$10,000
10 performance bonds associated with a September 5,2017 Land Disturbance Permit,which allowed for the
11 construction of three single-family homes and grant approval of a Certificate of Compliance for the project.
12 1. Enright: Project is frilly completed;the homes have been occupied for several years. The engineer certification letter and as-
13 built plan were received from the Morin-Cu neron Group.The Conservation Administrator visited the site and confirmed the
14 site is constructed according to the approved plans. The Conservation Commission issued a Certificate of Compliance at their
15 last meeting.A draft Certificate of Completion for the Land Disturbance Permit is included in your packets.The draft
16 decision should be revised to include a condition requiring recording at the Registry of Deeds,
17 MOTION: J. Simons made a motion to approve the bond release on the condition that the Certificate of Completion is filed at
18 the Registry of Deeds. S. Kevlahan seconded the motion.The vote was 5-0,unanimous in favor.
19
20 DISCUSSION ITEMS:
21 Stonecleave Road Lots,Barbara d Adams: First Right of Refusal-Chapter 61;Map 104.8 Lots 139, 140, 141.
22 J.Enright: The Town has the opportunity to exercise first right of refusal for this vacant Chapter 61 land(13 acres)currently
23 under a P&S for sale and development.The site contains wetlands and State Natural Heritage and Endangered Species
24 Program(NHESP) for priority/estimated habitat and is fairly isolated from other open space properties and does not lend to
25 trail linkages as outlined in the Open Space&Recreation Plan.The Conservation Commission is taking the land into
26 consideration and has voted to pass on pursuing this property for acquisition. The Commission felt the purchase price of
27 $1,155,000 could be better spent on other conservation projects reaping more benefit to the Town. Protection of the resources
28 on site will be in their opinion adequately implemented through the local wetland protection regulations as well as the
29 restrictions NHESP will place on the project.This Board's opinion as to whether the Town should exercise the first right of
30 refusal is being sought and shared with the BOS.
31 E. Goldberg: Described Chapters 61 &61 A designation allow for certain tax law benefits; if selling the property owner needs
32 to offer the land to the town first;property is for sale,someone wants to buy it, however needs to be offered to the town first
33 at market value.
34 Board:Agreed property is not likely of any value to the town,not adjacent to any trails. John Simons noted instances where
35 first right of refusal was exercised:Half Mile Hill summit&Mazurenko property. Wondered if every group in town has been
36 notified of this open space;we can assign the first right of refusal to a third party;agreed to discuss this with Essex County
37 Greenbelt for further due diligence.
38 J. Enright: If this deal falls through and there were a different P&S Agreement,the process would start over,
39 S. Kevlahan: Does Essex Greenbelt maintain a minimum acreage requirement?
40 J. Simons: Generally,they are larger and likely near trails land. Feedback to be provided at the next meeting.
41
42 315 Turnpike Street, Merrimack College: Application for Limited Site Plan Review under Article 8,Part 3 Site
43 Plan Review and Article 10 Administration Section 195-10.7 of the North Andover Zoning Bylaw. Applicant
44 proposes construction of a 19,205 gross square foot,2-story building(Lecture Hall)situated along Aherne Road,
45 oriented in-line with Sullivan Hall.The project will include utility infrastructure,a stormwater management plan,
46 and associated landscaping.The site is located within the Residential 3 zoning district.
47 Anthony Preston, AVP Govt.&External Affairs&Institutional Projects,Merrimack College: Provided brief overview of the
48 project on campus.
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Town of Nordi Andover
PLANNING BOARD
Eitart Goldberg, Chair � ChristopherKoskores
Peter Boynton gate Kelly,Associate
Johrt Simms '
Sears Kevlahan
Tuesday November 26, 2024 A 7 P.m., 120 Main Street— Town Hall, North Andover,MA 01845
49 Jeff Koetteritz,PE-VHB: Stormwater peer review is complete;all comments were addressed.Additional soil testing was
50 performed confirming the groundwater table assumptions and infiltration rates resulting in no changes to the original design,
51 SWPPP submitted to both towns, O&M Manual was submitted for the Lecture Hall;the campus-wide one will follow tip as a
52 pre-construction condition.Hydroead models were revised to reflect higher rainfall precipitation data.The Water Quality Unit
53 Certification Letter was provided. Submitted updated material to Andover Conservation Commission and will be before them
54 12/3/2024 to hopefully closeout.
55 J. Enright: The Decision states prior to land disturbance proof of approval from Andover is required;there has been no
56 involvement with North Andover Conservation Commission.
57 MOTION: S. Kevlahan made a motion to close the public hearing for 315 Turnpike Street,Merrimack College.J. Simons
58 seconded the motion.The vote was 5-0,unanimous in favor.
59 MOTION: S. Kevlahan made a motion to approve the Limited Site Plan Review Special Permit, J. Simons seconded the
60 motion. The vote was 5-0,unanimous in favor.
61
62 CONTINUED PUBLIC HEARINGS
63 335 Salem Street,JCE Property Development,LLC: Application for a Watershed Special Permit under Article 4 Part 5
64 and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize construction of a new single-family house,infrastructure,
65 and site grading on an undeveloped lot within the Non-Discharge Zone and subsurface drainage within the Non-Dishirbance
66 Zone of the Watershed Protection District.The property is located in the Residential 3 zoning district.
67 Jack Sullivan,PE-Sullivan Engineering Group&James Erb,JCE Development: We were in front of you months ago.A
68 variance had been granted by the ZBA that lapsed. We re-applied to the ZBA,On 11/20/24 the Governor signed an Economic
69 Development Bill granting extensions on permits for a 2-year period;anything signed between I/l/2023-1/1/2025 special
70 permits,variances,order of conditions,etc,received a 2-year extension.This project was on hold until we resolved the issue
71 with the ZBA,variance which has occurred.A request to withdraw the application has been made. We are now back in fi•ont
72 of this Board and the peer review for stormwater has been completed.
73 E.Goldberg: Expressed that since the project was withdrawn,the Board would like to hear it thoroughly again. In fairness,
74 there has not been any required notice for residents to appear. Suggests draft decision be prepared and hear everything for the
75 record next week.Peer review is closed out;abutters expressed water is an issue in the area;this project won't€hake it worse
76 and may improve site conditions.
77 J. Simons: We need to let those interested know of the next meeting providing them notice.
78 J. Enright: There is not time to mail a notice to abutters for next week's meeting.
79 E. Goldberg: Prefer not continuing to the end of December if we don't have to;we'll likely make a decision next week,
80 James Erb: Bought the property 7 months ago;heard neighbor concerns and addressed them.Not present next week,traveling.
81 It's unfair to extend this;we're into this over$500K and time is money. This was a scheduled meeting tonight.
82 E. Goldberg: Board may entertain remote participation if helpful.
83 J. Sullivan:Agreed to postpone project presentation until 12/3/24.
84 (Continued to the December 3,2024 Planning Board meeting)
85
86 1250 Osgood Street 1250 Osgood St LLC: Application for a Limited Site Plan Review Special Permit,and Site Plan
87 Review and Parking Special Permit under Article 8 Supplementary Regulations,Part 3 Site Plan Review[Site Plan Review],
88 Article 8 §195-8.17.1 [Limited Site Plan Review],Article 8,Part 1, §195-8.8 [Parking Special Permit],and Article 10
89 Administration §195-10.7 of the North Andover Zoning Bylaw. The applicant proposes razing of existing building and related
90 improvements,and the redevelopment of the property into a 2/3 story building of approximately 21,145
91 SF in size.New building to be used for a child care facility and associated play areas,along with medical office uses and other
92 uses as may be allowed under the Zoning Bylaw. Property is located in the Industrial 2 zoning district.
93 J. Enright: Stormwater review is complete. Plan set has been revised to include a 15-foot radius at the entrance from the
94 roadway into the site addressing TEC's comment;Building Commissioner confirmed radius complies with the bylaw. Plan
95 was revised to include a proposed access way from the south parking lot to the other area adjacent to the building,with a
96 crosswalk connecting to the handicap stall marked lane,providing access to the sidewalk leading to the front entrances.The
97 net effect is the loss of two parking spaces in the total project parking count.TEC confirmed access path and stair provides
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair. Christopher ICoslrores
Peter Boynfort � ` '« Date Kerry,Associate
John Simons
Sean Kevlahan
Tuesday November 26 2024 0,7 .m. 120 Main Street— Town Hall North Andover MA 01845
98 pedestrian access to the building from the lower lot. Reduction of 2 parking spaces results in 88 spaces provided;78 spaces
99 are required per the zoning bylaw.Revised Site Plans addressing sidewalk and radius concerns and revised Lighting Plan are
100 in your packets; lighting Plan confirms"no light spillover"across property boundaries. We received resident comment related
101 to handicapped,ADA compliance in the sidewalk in front of the building.Plan was revised to show the handicapped ramps
102 and a detail for the wheelchair ramp.
103 E.Goldberg: Questioned if the office use changes and the tenant isn't medical,how do we confirm that our parking is
104 adequate.
105 J.Enright: If a change of use arises the new tenant needs to demonstrate their parking is compliant with the zoning bylaw.If
106 not,they're required to apply for relief for parking.For this application,a parking special permit was applied for as
107 placeholder.
108 J. Srnolak Atty,for Applicant& Steve Sta inski PE:This occurred at Burton's Plaza which was permitted for a certain set of
109 uses relative to parking.A use other than medical would be reviewed by Planning and the Building Commissioner to
110 determine adequacy of parking; it could result in returning to the Board for additional relief.
111 C. Koskores: Questioned how the 15'radius was accomplished.
112 S. Stapinski: Confirmed the bylaw and driveway approach,then modified it with a compound curve.
113 K. Kelly: Questioned how does this relate to the MassDOT requirement of 30 ft.
114 J.Enright:That will be vetted with MassDOT; it could change and the draft decision will include a condition that any material
115 changes to the plan will need to be brought back to the Board for a modification.
116 E.Goldberg: An ADA resident comment was received from Mr. Strauss which was clarified. We will have a draft decision
117 prepared for the next meeting 12/3/24.
118 J. Smolak:Addressed site comments made at the last meeting and the question regarding franchise. Site cleanup is scheduled
119 for I2/2/24;applicant confirmed they are a partnership and franchisee,Learning Experience is an international fi-anchise;
120 affiliated entities own approx.seven of these facilities in MA-one in Andover,they also have facilities in CA&VA.
121
122 DISCUSSION ITEMS;
123 Planning Board:Reviewed draft letter regarding enforcement 0 Great Pond Road/hand-carry boat launch project.
124 E.Go1dU rx After the hearing of the North Pump Station/0 Great Pond Rd.we discussed drafting a letter to the Select Board
125 and Town Manager based on abutter concerns&enforcement of lake regulations(read draft letter into record dated 11/26/24
126 on behalf of Board).
127 MOTION: J. Simons made a motion to approve the letter to the Select Board,as amended. S. Kevlahan seconded the motion.
128 The vote was 5-0,unanimous in favor.
129
130 Affordable Homes Act: Accessory Dwelling Units draft bylaw.
131 J.Enright: Presented-draft bylaw for review and comment;no release of state regulations yet. Definitions will be defined. We
132 can limit one ADU unit per lot;we don't have to require additional ADUs by special permit-if we want to allow for additional
133 ADUs it would have to be by special permit.Theh•guidance will provide examples of reasonable and unreasonable
134 regulations,pre-existing and non-conforming structures and lots. Clarity will be provided on utility connections, Most
135 fundamental base regulations pertain to the restrictions considered for a single-family home.Model bylaws will be provided.
136 E.Goldberg: We continue to move forward;encouraged family suite discussion.Attended a recent Select Board meeting to
137 get a sense of their opinion on family suites.Consensus seemed to be there's no need to maintain theii given metric
138 limitations.Main question was, is there a way for people to make an existing Family Suite(not in use)into an ADU?The
139 answer is,yes-if it's 900 SF and meets all other definitions.It's trickier if its more than 900 SF but less than 1200 SF. Based
140 on the NA Family Suites inventory chart four have been permitted with greater than 900 SF(21 family suites permitted in 10
141 years). If not in use,they are invalid and supposed to be dismantled. Suggests sunsetting vs. repealing the family suite bylaw
142 after a certain period(2-3 years e.g.); streamlining the process. If the unit meets the definition of an ADU,they eventually
143 apply for an ADU permit;most are attached. If detached,it could be exempt from the special permit. If prior units are non-
144 conforming and not in compliance anymore,they remove it or remove the entry door and it becomes an addition.
145 J.J. Enright: Reviewed ADU draft bylaw by section(simple majority vote)v. supplemental Articles(requiring 2/3 vote).
146 Board: Reviewed and discussed housekeeping edits,purpose&intent,applicability, general requirements,definitions,special
147 permit,Limited SPR&detached units,restrictions associated with single-family homes v.ADUs and multi-family units by
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i
Town of'North Andover
PLANNING BOARD j
Eitmr Goldberg, Chair Christopher ICoskores
Peter Boyrrtorr
Date 1"1;elly,Associate
John Simons i
Sean Kevlahan
Tuesday November 26, 2024 rr 7 p.rrt., 120 Maim Street— Towrr Hall, North Andover,AM 0.1845
148 Limited Site Plan Review,compatibility with main building, types of ADUs,use,dimensional&physical requirements for
149 detached homes,potential for detached ADU's located in existing or new structures immediately on the lake,gross floor area,
150 waivers,adding a provision for underground utilities for detached ADUs once state guidance is received,parking&special
151 permit,variance requirements,family suites and compliance.Welcome additional comments while waiting on state
152 guidelines.
153
154 MEETING MINUTES:Approval of November 12,2024 meeting minutes.
155 MOTION: J. Simons made a motion to accept the minutes for November 12,2024. S.Kevlahan seconded the motion.The
156 vote was 5-0,unanimous in favor.
157
158 MEETING ADJOURNMENT:
159 MOTION: J. Simons made a motion to adjourn the meeting.The motion was seconded by S. Kevlahan.The vote was 5-0,
160 unanimous in favor. Meeting adjourned a 8:35 p.m.
161
162 MEETING MATERIALS:Planning Board Meeting Agenda November 26,2024,DRAFT Planning Board Meeting Minutes
163 November 12,2024; Staff Report: 241126 Staff Report; 1975, 1985, 1995 Salem Street,Livingstone Development Corp:
164 241101 Eng Cert Letter,241126 1975-1985-1995 Certificate of Completion,20170905_SalemStreet 1975-
165 LandDisturbance_FINAL,Hodgson As-Built Plan_2024,11,01,PicWres;315 Turnpike Street,Merrinlack College:
166 Stormwater Review:Applicant Resp to 2"d Peer Review:241113 Lecture Hall—Rev O&M Plan,241113 Lecture Hall—Rev
167 Stormwater MGMT Report,241113 211d Peer Review Response Letter_OOC,241113 2"d Peer Review Response Letter, ,
168 HW 3'Peer Review Comments:241115 HW 31d Peer Review_LectureHall_SW,241 115 HW 3rd Peer Review Lecture
169 HalI_OOC,MC Lecture Hall Draft SWPPP_PC[,241126 MC Lecture Hall—NAPB Presentation,241126 REV draft LSPR
170 Dec 315 Turnpike;335 Salenr Street,JCE Property Development,LLC: Abutter Comment: Abutter Comments:240808
171 O'Neil 270 Marbleridge,IMG_7389.MOV, IMG_7391.MOV,240716 Abutter Cormirent—J.Averka 260 Marbleridge Rd.,
172 Applicant Req to Withdraw ZBA Application: 241121 Applicant email,Department Review: 240611 Conservation Comment,
173 240611 Health Comment,240611 NAFD Comment, Permit Extension—House Bill 5100: Governor Healy Letter 1120 24
174 1202,_ House Bill 5100 pgs 283-284,Rev Site Plan: 335 Salem_07232024_Site Plan, Stormwater Peer Review: Stormwater
175 Review: 335 Salem_07232024_Site Plan,335 Salem Response Letter 07232024,240619 HW
176 151 SWPeerReview 335SaleniStreet,240723 O&M Plan—335 Salem Street,240807_2"`'—SWPeerReview 335 SalemStrect,
177 Variance-ANR Plan: 335 Salem 07232024 Site Plan,ANR Plan_327 Salem Street_Stamped,Recorded Variance Decision—
178 335 Salem Street, WSP Application: 335 Salem_06042024,Rev.application,Watershed Permit 335 Salem Street for
179 submittal; 1250 Osgood Street, 1250 Osgood Street,LLC: 241125 Rev Plan Set: 241125 Rev Plan Set,Civil Review:
180 241114 Rev Sheet 2--radius,241114 TEC final-radius,241118 Rev Sheet 2—sidewalk,241120 TEC-final-sidewalk,
181 241121 Blgc. Comm.confirming radius compliance with bylaw,Landscape Plan: 15155SD-LA-I LANDSCAPE—
182 Submission Sheet(00293304xBC4F6),Lighting Plan: 241008 Rev Lighting Plan,241120 Rev Lighting Plan,Public
183 Comment:241122 Public Comment-Strauss,241125 Public Comment—Strauss,241 121 Ltr.Planning Board;Stonecleave
184 Road Lots,Barbara J.Adams: 3 Lots Stonecleave Road,P&S Agreement, Stonecleave_Letter of Intent 11-05-2024;
185 Affordable Homes Act: 241119 CLEAN ADU Supplemental Bylaw Amendments,241 119 CLEAN DRAFT ADU Bylaw,
186 Permitted Family Suites 2013-2024 with GFA;Planning Board: 241 126 Draft Lake Use-Boating Letter,Section 300-12
187 Lake Use Boating Regs.
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