HomeMy WebLinkAbout2025-07-15 Planning Board Minutes Town of North Andover
PLANNING.BOARD
Eitan Goldherg, Chair Sean Kevlahan
Dolan Siryaons
�, ��, Kate Kelly,Associate
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Peter Boynton
Tuesday July 15, 2025(4), 7 p.nr,, 120 Main Street— Town Hall, North Andover, MA 01845
1 Present/Planning Board: E. Goldberg,J. Simons,P. Boynton, K. Kelly,Associate
2 Absent: S.Kevlahan
3 Staff Present: J. Enright
4
5 E. Goldman Chairman: The Planning Board meeting for July 15,2025,was called to order at 7 p.m.
6
7 DISCUSSION ITEMS
8 1101 Turnpike Street,Karen Staffier VHB: Request for extension of the September 24,2024 approved Land Disturbance
9 permit through November 2027.
10 J.Enright: The owner's agent, Karen Staffier of VHB, is requesting a time extension for a Land Disturbance Permit issued in
1 1 September of 2024. The approved activity repaving and restriping of an existing parking area,parking lot expansion,
12 stormwater and ancillary landscape improvements,retaining wall and utility improvements has not started and construction is
13 now planned for spring 2026,extending beyond the original September 2026 permit expiration.An extension to December
14 2027 would align the Land Disturbance timeline and the Order of Conditions granted by the Conservation Commission
15 E. Goldberg: Confirmed there is nothing different occurring on site than was originally approved.
16 J.Enright: Explained that budgetary constraints have kept them from starting the work. Everything originally proposed
17 remains unchanged. A draft decision has been prepared for the Board's review. Communicated that the required time period is
18 different from a special permit. A Land Disturbance Permit requires all work be completed within 2-years versus a special
19 permit where by substantial commencement needs to occur within 2-years. The applicant recognizes they won't finish within
20 the 2-year deadline and are required to request the extension at least a year in advance.
21 MOTION: P.Boynton made a motion to approve the Land Disturbance Permit extension, as drafted. J. Simons seconded the
22 motion. The vote was 3-0,unanimous in favor.
23
24 350 Winthrop Avenue,DSM Realty: Request for an Insubstantial Change to the February 20,2024 approved Site Plan
25 Review special permit to allow for the installation of an underdrain system underneath the parking area and to allow for
26 regrading a portion of the bio-retention basin located at the northerly side of the `exit' only driveway.
27 J. Enright: During recent construction and renovation operations a problem with groundwater caused the asphalt parking lot to
28 leak and sinkholes with excessive groundwater were observed. It is believed a perched water table exists under the parking lot
29 following extreme rain events.The project engineer proposes installing a pavement underdrain system that will outlet into the
30 perennial stream along Winthrop Ave. Additionally,they propose modifying the grades within the bio retention area to create
31 a grass channel swale to direct runoff and prevent backwatering into West Basin-L These changes have been reviewed and
32 approved by our stormwater consultant,Horsley Witten.
33 E. Goldberg: Confirmed this will not cause any additional flooding.
34 J. Enright: They have proposed an underdrain system in the southern portion of the parking lot and they're proposing to
35 potentially to include an underdrain system in the northerly part once they get into the repaving of that portion.
36 Brian Dundon,Project Engineer, RJ O'Connell: Sinkholes were observed within the portion of the parking lot that will
37 service the new Market Basket.Toward the end of that field adjacent to the perimeter access drive,heavy equipment on jacks
38 sunk through the base course of pavement layer. Groundwater evidence was observed immediately below that area.This site
39 has a history of poorly draining soils. Heavy rains occurred during April and May coupled with extreme changes with June
40 temperatures.The site is ready to receive finished course paving and the contractor brought this to our attention. Water was
41 weeping through the pavement joints in the area. The subdrain system is being proposed to alleviate this condition especially
42 in spring and fall. Explained that the desire is to avoid pavement failure within a 2-year time frame by taking a proactive
43 approach to resolve the problem.
44 J. Enright: They are before the Conservation Commission to amend the Order of Condition.A draft decision was prepared for
45 the Board's consideration this evening.
46 B.Dundon: Briefly described under drain system being installed as a 6"perforated PVC pipe,wrapped in 18"encased
47 crushed stone and a filter fabric. It will run in a left to right direction, 50 ft on center,between the longitudinal islands. Pipe
48 network connects at one point at the perimeter access drive with a single point discharge to the perennial stream;pavement
49 will be trenched.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair - Sean Kevlaharr
John Simons Kate Kelly,Associate
Peter Boynton
Tuesday July 15, 2025( 7 p.rn., 120 Main Street— Town Hall,North Andover, MA 01845
50 P. Boynton: Referred to his original concerns regarding water on site. Communicated that assurances were given that water
51 wouldn't be an issue and now it's a problem. Stated he appreciated noting the problem and dealing with it.
52 B. Dundon: Explained surface runoff used to sheet flow directly into the perennial stream.As part of the renovation program,
53 we have created a perimeter curb along the edge of the perimeter access drive and we have outlet points per the site plan to
54 funnel water away from the parking lot and into a grass channel Swale then to the perennial stream,which is working. We did
55 not anticipate this portion of the site which has been in base course pavement condition since December of last year. Our site
56 visits which note progress of construction did not note pavement weeping. June presented unanticipated groundwater
57 conditions.
58 J. Enright: Horsley Witten Group has peer reviewed these plans and approved the applicant's approach.They had two
59 recommendations in their review and both were addressed.
60 K.Kelly: Inquired as to why the issue wasn't identified originally?
61 B. Dundon: Explained that soil borings were done around the front f trade area of the Market Basket building and test pits
62 were done within the proposed locations of both Wet basin-1 and Wet basin-2 Located in the area. Indications were that the
63 groundwater was deep enough(in excess of 4 ft.). We concluded this wouldn't be a problem.The material used to create the
64 original mall in the 70's is fill material with no uniform strata, silty sands,etc. Water is getting trapped in the lenses and
65 infiltration to the groundwater table is taking a long time because of this.
66 E. Goldberg: Have you considered testing the entire parking lot now?
67 B. Dundon: We have seen the evidence on the southern half of the site. We have not altered the northern half of the parking
68 lot. Assuming the conditions are the same on the northern half we are seeking approvals to extend the subdrain system to that
69 half and install it when we do that work. Prudent thing to do here is to be proactive and take care of this now.
70 E. Goldberg: We need to decide whether this change is to be substantial or insubstantial;believes this to be insubstantial.
71 J. Enright: Horsley Witten Group feels the proposal to intercept the groundwater will not impact the stormwater management
72 design previously approved and constructed.
73 B. Dundon: Anticipates a Labor Day opening.
74 MOTION: P. Boynton made a motion to approve the Insubstantial Change, J. Simons seconded the motion.The vote was 3-
75 0,unanimous in favor.
76
77 Zero Prescott Street MassHousing Site Approval Comment Request: East Mill housing LLC has submitted an
78 application for Site Approval. The proposed development consists of 296 units of rental housing on approximately 6.13 acres
79 of land located at 0 Prescott and 67 High Street. The Planning Board has the opportunity to submit comments and these
80 comments will be considered as part of MassHousing's eligibility review.
81 J. Enright: MassHousing is reviewing an application from East Mill Housing LLC for a 296-unit rental housing development.
82 The Board has drafted comments for MassHousing's consideration focusing on findings related to Site Approval eligibility
83 for a Chapter 40B project. Comments from Local Boards and Town Staff are due August 15,2025.This Board meets August
84 121;the final consolidated draft memo will be on the agenda that evening.
85 J. Enright: Presented the draft comments letter to the Board.Thursday evening July 17,2025, KP Law is hosting a 40B
86 Training Session which will be a closed recorded virtual session which will then be made available to the public. The public
87 will be able to live stream from NACAM or watch the meeting via Comcast or Verizon.
88 K. Kelly: Questioned whether the letter sent to the ZBA and Select Board should not only include bulleted comments of
89 concern from the Planning Board,but also include recommendations. Suggested that rather than pointing out concerns and
90 "hoping"a response is addressed the Board could make recommendations that we feel address the concerns.Noted certain
91 items listed express the item only without offering any potential resolution. Felt thinks like"further study of the issue is
92 warranted"or a statement like"item should be addressed or needs fin•ther study",which may provide the Board with a record
93 of out-intention as to why we included it. Inquired whether the Planning Board will have the opportunity or ability to be more
94 specific with the ZBA which could perhaps be entertained in a public or informational meeting where both Boards may ask
95 questions.
96 Board: Discussed K. Kelly's concerns.E. Goldberg felt this document is more of a blueprint for the ZBA to look at later on
97 than useful to MassHousing who is evaluating who owns the property, if it is financially feasible and whether the area
98 supports housing.J. Simons: felt that the items in the letter are all subject to negotiation. We are trying to partner with the
99 ZBA and this is the first step in the process. Ideally,we should have a joint meeting,but we can't officially sit in their official
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Town of'North Andover
PLANNING BOARD
Ehan Goldberg, Chair Sean Ifevlahan
John Simons Kate Kelly,Associate
Peter Boynton
TuesdaE July 15, 2025(cry, 7 p.m., 120 Main Street— Town Hall, North Andover, AIA 01845
100 meeting,or be part of the process. We can get our issues on the table and this is the most nuanced way of doing that. P.
101 Boynton: Likes the idea of a joint meeting. Also likes giving the ZBA access to the Planning Board's detailed draft which
102 may not survive or become watered down in the consolidated draft. Prefers that the Planning Board draft lives on as
103 permanent record.
104 E. Goldberg:Perhaps we will glean answers from the upcoming 40B Training Session. Believes the Planning Board is not in
105 position factually to make recommendations or offer remedies at this point. With the information provided all we can do is
106 identify red flags.
107 Michael Hakim,Retired Licensed Planner&Landscape Architect,representing;Owner 55 Prescott St.: Represents owner/son
108 who lives immediately behind this development. Would like to see provision in plans to include a barrier or privacy fence to
109 the wooded area to prevent residents from cutting through private properties on Prescott Street. This is an established, older
110 residential neighborhood with residents who have the right to maintain the privacy of what they have. Doesn't object to more
111 housing nor object to more affordable housing. Understands these are necessary and the desire of the state. Would like this
112 Board to prioritize the protection of the existing residents along Prescott Street. Endorses all of the comments that have been
113 drafted,with the addition of the barrier being requested,where the Zoning Board of Appeals(ZBA)is going to be the primary
114 recipient of these comments.
115 E. Goldber> : A fence seems like a good idea; it may impact how many trees you will be allowed to keep,but does not know
116 the topography well enough. Communicated that this is not before this Board as a hearing. We can only identify potential red
117 flags;we are not in position to make recommendations on most of the items. This needs to be ZBA initiated,I do not want to
118 overstep. Suggests Mr. Hakim contact RCG or David Steinberg regarding the plan,the earlier the better. The memo will not
119 include the fence; it's a very specific feature. We are trying to stay out of the details.
120 MOTION: J. Simons made a motion to forward the letter drafted by Ms. Enright for Zero Prescott Street MassHousing Site
121 Approval Comments to the Town Manager's Office and to Andrew Shapiro to compile as part of the Town's submittal to
122 MassHousing. P. Boynton seconded the motion. The vote was 3-0,unanimous in favor.
123
124 J. Enright:Next Planning Board meeting is August 12r".
125
126 MEETING MINUTES: Approval of the July 1,2025 meeting minutes.
127 MOTION: P. Boynton made a motion to accept the minutes for July 1,2025. J. Simons seconded the motion. The vote was 3-
128 0, unanimous in favor.
129
1.30 MEETING ADJOURNMENT:
131 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by P. Boynton.Meeting adjourned @
132 8:00 p.m. The vote was 3-0,unanimous in favor.
133
134 MEETING MATERIALS: Planning Board Meeting Agenda July 15,2025,DRAFT Planning Board Meeting Minutes July '1,
135 2025; Staff Report:250715 Staff Report; 1101 Turnpike Street,Karen Staffier VHB: 250715 Draft—Permit Extension
136 Decision,250702—Request for Permit Time Extension and Auth letter,240924 Timestamped Decision; 350 Winthrop
137 Avenue,DSM Realty: Stormwater Peer Review: 250710 HW SWPeerReview_Modifications_NorthAndoverMall,
138 Insubstantial Change Request: 2025-07-09—Narrative to Amend Approve Site Plans,2025-07-09—Dwg—C-9
139 Miscellaneous Details V,2025-07-09—Dwg C-2.1 Parking Lot Underdrain Piping Plan, Recorded Decision,250715 Draft—
140 Insubstantial Change 350 Winthrop;Zero Prescott Street MassHotlsin$Site Approval Comment Request: PB Zero
141 Prescott Street Comments Letter—draft,MassHousing Findings for Site Approval,250616 Town Comment Request Letter,
142 5a. 2025-05-30 DRAFT—ARCH PEL SET-email.
143
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