HomeMy WebLinkAbout2025-02-04 Planning Board Minutes Z 25
Town of'North Andover
PLANNING BOARD
Eitan Goldberg, Chair �cr d Sears Kevlahan
John Srrr?orss � Christopher Koslrores
Peter Boynton Kate Kelly,Associate
Tuesclrr Februar 4 2025 7 .m. 120 Maur Street— Town Hall North Andover MA 01845
1 Present/Planning Board: S. Kevlahan,J. Simons,P. Boynton,C.Koskores, E. Goldberg,K.Kelly,Associate,
2 Absent:
3 Staff Present: J.Enright-(Remote)
4
5 E.Goldman Chairman:The Planning Board meeting for February 4,2025,was called to order at 7 p.m.This meeting will be
6 considered hybrid with remote and in-person attendance. Chair read Governor's Orders into the record.In addition,we have
7 posted signs on the elevator this evening,which is not operating,Accommodations will be made due to this inconvenience for
8 anyone who attends and wants to participate, Chair took roll call attendance.
9
10 NEW PUBLIC HEARING
11 Annual Town Meetiu9 Zoning Bylaw Amendnreiff Articles:
12 Accessory Dwelling Unit:
13 J.Enright: Clean final regulations and fedline regulations(as of 1/27/25)are in your packet.The clean version of the
14 1/21/2025 draft bylaw has been updated to include the redline regulations,where appropriate. Redline edits were primarily
15 made to the definitions section of the dram bylaw. Summarized the change to the bus station definition and stated that the site
16 plan review definition in tine regulations is termed limited site plan review within the draft bylaw.
17 E. Goldberg: The regulations make it clear that a municipality does not have to allow for more than one ADU on a given lot.
18 Stated that the Board has been discussing this draft bylaw for a few months and all previous documentation reviewed/discuss
19 has been included in the meeting packet and is part of the record.
20 S.Kevlahan: Commented on new reasonable regulations pertaining to utilities. Questioned whether the town could require
21 and restrict the electrical utilities for detached ADUs come from the primary dwelling via underground conduit.Utility
22 installers are likely to prefer to run separate lines to an additional pole on the property near the detached ADU above ground.
23 E. Goldberg.: Communicated that the state doesn't want us to do things we don't do for single-family homes. Suggested
24 keeping the topic on the Board's radar.
25 J. Enright: We cannot be more restrictive than state requirements.
26 P. Boynton: Agreed,doesn't want to see a lot of messy electrical wires running to detached units.
27 E. Goldberg:Detached units need to go through limited site plan review,where attached units don't. Perhaps the limited site
28 plan review bylaw could include a preference and not a special requirement. Under the Dover Amendment we are not allowed
29 to consider aesthetics,as that is limiting.The state law became effective I2I25. Briefly summarized items included in the
30 bylaw.
31 J.Enright:No public comment received.
32 (Continued to the February 25,2025 Planning Board meeting)
33
34 Limited Site Plan Review:
35 J. Enri ]g_it:This is a sister article because ADUS are now a protected use under tine Dover Amendment.The bylaw amendment
36 proposed to amend the Dover bylaw to include detached accessory dwelling units and proposed accessory dwelling units on a
37 two-family or multi-family lot.No public comment received.
38 (Continued to the February 25,2025 Planning Board meeting.)
39
40 Family Suite—zoning bylaw Article 2 and Article 4:
41 J.Enright: Our long-standing family suite bylaw allows for dwellings specific to relatives. Currently,the.ZBA is the special
42 permit granting authority and the special permit is specific to a certain person(s). Should that person no longer live in the
43 unit,the special permit is no longer valid,and to use that unit again as a family suite the owner would have to come back
44 through the special permit process.Analyzed the last 10 years to describe the activity for family suites and found only 4 in the
45 last 10-11 years greater than 900 SF.Family suites allow up to 1,200 SF maximum. The Board recommended we sunset the
46 family suite bylaw under the Article 2 Definitions and Article 4 Permitted Uses,Three years are provided for anyone that is
47 currently considering requesting a family suite;sunset date is 7/l/2028.
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Town of North. Andover
PLANNING BOARD
Eitan Goldberg, Chair � x Sean Kevlahan
Jolt�t Simons �'� �°° •. Christopher Koskores
Peter Boynfoit Date Kelly,Associate
Tuesday February 4, 2025 tr, 7 P.m., 120 Maier Street— Town Hall,North Andover, MA 01845
48 E. Goldbere: Family suite bylaw allows for 25%of the gross floor area of the primary dwelling.Therefore,homes with 3,600
49 SF of gross floor area and up to 4,800 SF benefit from this bylaw.Very few(4)were built over 900 SF over the last 10 years;
50 sunsetting this will make things more equitable.
51 P.Boynton: Confirmed that existing 1200 SF family suites that are still in use and properly obtained will be grandfathered in.
52 S.Kevlahan: Questioned whether the family suite bylaw would be completely removed fronn the bylaw if this passes at Town
53 Meeting,
54 E.Goldberg It won't invalidate anyone with a lawful permit in place;becomes pre-existing non-conforming use.No public
55 comment received.
56 (Continued to the February 25,2025 Planning Board meeting.)
57
58 Historic Barn Overlay District:
59 J. Enright: Historic Barn Overlay District went into effect 5/2023.AG approval letter is included in the meeting packet. It
60 was determined that the Information Required section of the bylaw was not consistent with MA General law in that the
61 requirements were to have applications delivered to the Planning Department,as opposed to the Town Clerk.Now included is
62 language to deliver to the Town Clerk,but it is recommended to review the submission with the Planning Department ahead
63 of filing it.Also,there was language in the Establishment and Boundaries section stating that the map was attached to the
64 warrant article;however,the warrant did not include the boundary map.This year the map is included.
65 E. GoldbM:Recused Peter from the conversation,(7:32 p.m.)
66 P.Boynton(public comment): Questioned if the amendment affects any existing permits under the Historic Barn Overlay
67 District,
68 E. Goldberg:No, there is a severability clause and someone would have to complain about their submission. No public
69 comment received. (P. Boynton rejoined the Board at 7:34 p.m.)
70 (Continued to the February 25,2025 Planning Board meeting.)
71
72 Floo plain District:
73 J. Enright: Final DCR comments are included in the meeting packet. In response to these comments final redline edits to the
74 draft bylaw have been prepared.An email from DCR states we now meet the minimum requirements and are in compliance
75 with the NFIP. If there are any further proposed edits they will be submitted to them for review.No public cornment
76 received.
77 (Continued to the February 25,2025 Planning Board meeting.)
78
79 E.Goldberg: Requested public comment from audience.
80 Steven Gesing,61 Essex Street,North Andover:Inquired if Board researched what the demand will be in North Andover for
81 ADUs. Stated these additional units will likely put pressure on the town facilities,DPW and Building Departments,creating a
82 rush to Town Hall and wondered about the consequences of that. Lives in the watershed,has wetlands; seriously considering a
83 detached Accessory Dwelling Unit.
84 E. Goldberg:No studies were done;a public forum was held at tine Senior Center.Determined there is an appetite in town for
85 people who like the idea of ADUs, State law is now in effect. Watershed and Conservation Commission permitting
86 requirements will still be necessary.
87 J.J. Enright: Statewide it is anticipated that 8-1 OK units will be constructed over 5 years throughout the 351 municipalities.
88 E. Goldberg:This will be irnpactful and make a big difference for families.All bylaw public hearings will be continued to
89 February 25,2025,
90
91 MEETING MINUTES:Approval of January 21,2025 meeting minutes.
92 MOTION: S. Kevlahan made a motion to accept the minutes for January 21,2025, J. Simons seconded the motion.The vote
93 was 5-0,unanimous in favor.
94 P. Boynton: Would like to request two additional items be added to the draft Open Space&Recreation Plan.Requested the
95 topic be included oil the February 25 agenda and communicated that he will send them to Jean and Amy Maxner,
96 Conservation Administrator,immediately so that they can be included in the draft plan that will be presented to the
97 Conservation Commission and Select Board in the upcoming weeks.
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Town of North Andover
PLANNING BOARD
Eitatt Goldberg, Chairseat Kevlrtliatt
Cltristoplter Koslrores
Jolt tt Simons �•
Peter Boytttort Kate Kelly,Associate
Tuesday February 4,_2025(w 7 p.m., 120 Mairt Street-- Town Hull,North Andover, MA 01845
98
99 MEETING ADJOURNMENT:
100 MOTION: P.Boynton made a motion to adjourn the meeting. The motion was seconded by S. Kevlahan.The vote was 5-0,
101 unanimous in favor.Meeting adjourned @ 7:49 p.m.
102
103 MEETING MATERIALS: Planning Board Meeting Agenda February 4,2025,DRAFT Planning Board Meeting Minutes
104 January 21,2025;Staff Rem: 250204 Staff Report;Annual Town Meeting Zoning Bylaw Amendments:Accessory
105 Dwelling Unit:Draft Bylaw; 250121_Clean DRAFT ADU Bylaw,250204_1,27.25 including Redline Regulations,EOHLC
106 Regulations: Final Regulations:Final Regulations—760 CMR 71.00 Protected Use ADUs,ADU Draft Regulation 760 CMR
107 71 12.6.2024,Letter From Sec.Augustus--ADU Draft Regulation 12,6,2024 0,Regulations—760 CMR 71.00—Final 1-17-
108 25 -REDLINE, Past materials: Affordable Homes Act---Section 7 and 8 language,KPLAW Affordable Homes Act summary,
109 Permitted Family Suites 2013-2024 with GFA,Limited Site PIan Review:250204_Clean Limited Site Plan Review
110 amendment, Family Suite—zoning bylaw Article 2 and Article 4:250204_Clean Family Suite Article 4 and 2
111 Amendments,Historic Barn Overlay District:240911 AGO appry Article 25 with some disapproval,250204 Clean
112 Historic Barn Overlay District Bylaw-draft,Floodplain District:250204 Clean NA Floodplain Bylaw,Cover Memo to PB
113 12-05-24,DCR Bylaw FHMP Comments 1.24.25,DCR email compliance approval.
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