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HomeMy WebLinkAbout2026-02-25 Zoning Board of Appeals Minutes Town of North Andover 4pproiled ZONING BOARD OF APPEALS Members Associate Member Michael T.Lis., Chair Matthew J. Ginsburg Laura Craig-Comin, Vice-Chair '!°"""' Zachary J.Hachey X Frank J.Killilea, Clerk Melissa Rutherford James M.Testa Zoning Enforcement Alexandria A.Jacobs Esq Officer Paul G. Hutchins MEETING MINUTES Date of Meeting: Wednesday, February 25, 2026 Time of Meeting: 7:30 p.m. Location of Meeting: Town Hall, 120 Main Street, North Andover, MA 01845 Signature: Terri MacNeil 1. Call to Order called at 7:30 p.m. ZBA Members: Michael Lis (Chair), Frank Killilea (Clerk), James Testa,Alexandria Jacobs (online), Melissa Rutherford(online), Laura Craig-Comin(Vice Chair—on line). Legal & Staff: Carolyn Murray (KP Law), Judi Barrett (Barrett Planning Group) and Terri MacNeil (ZBA Administrative Assistant) Peer Reviewer: Janet Bernardo (Horsley Whitten Group). Applicant Team: David Steinburgh (RCG LLC), Phil Henry (Civil Design Group). Gavel given to: Michael T. Lis Pledge of Allegiance 2. Frank made a motion to accept the minutes from the 1/20/2026 meeting, Alexandra seconded the motion. The Board voted unanimously to accept the minutes from the 1/20/2026 meeting. 3.Applicant Presentation (Civil & Stormwater) • Site Context & 2023 Floods: The Applicant addressed the severe August 2023 flooding. They argued that the bottleneck occurred downstream at the mill culverts due to public infrastructure being overwhelmed. The Applicant claims the proposed development will improve site conditions by replacing the massive 2-acre concrete garage with a smaller footprint, allowing for better collection, treatment, and redirection of clean roof runoff versus contaminated surface runoff. • Grading & Setbacks: The pedestrian path from the garage toward Prescott Street was eliminated based on previous neighbor feedback. This allowed the removal of retaining walls and improved the grading near the 16.5-foot setback pinch point at 39 Prescott Street. • Drainage Infrastructure: The Board discussed the possibility of diverting stormwater into a 36" bypass pipe (installed during the Avalon project) that bypasses the Mill Pond bottleneck and empties into Sutton Pond. The Applicant noted this would require a global change in their analysis point and coordination approval from the DPW. 4. Peer Reviewer Report(Janet Bernardo, Horsley Whitten Group) • State vs. Local Standards: The project meets the 10 Massachusetts State Stormwater Standards. However, the Applicant requested a "blanket waiver" for local North Andover stormwater bylaws. Both the Peer Reviewer and the Board requested that the Applicant provide a specific, itemized list of requested waivers rather than a blanket request. • Pipe Materials: The local bylaw requires reinforced concrete pipes (RCP). The Applicant is proposing high-density polyethylene (HDPE)pipes. The peer reviewer noted HDPE has been an industry standard for over 20 years and supports granting this specific waiver. • Construction & Maintenance: The peer reviewer recommended the Board require the final Stormwater Pollution Prevention Plan (SWPPP) and a signed Operations & Maintenance (O&M) log as conditions of approval to ensure long-term compliance (e.g., catching basin cleanouts, snow removal plans). • 39 Prescott Street Pinch Point:Advised requiring an"as-built"topographical survey with spot grades at the 16.5-foot setback to ensure the drainage swale is constructed exactly as designed to protect the abutter. 4. Board Deliberations & Q&A • Tree Removal: Vice Chair Craig-Comin expressed concern over the loss of mature trees (estimated at up to half an acre) and its impact on water absorption. The Applicant's engineer explained that the Hydraflow CAD models account for this, noting a minimal change in the "curve number" between good woods (CN 55) and grass (CN 61) based on the underlying soil type. • Waivers and Setbacks: Chair Lis reiterated concerns over the tight 16.5-foot setback and urged the Applicant to explore design alternatives that increase this buffer. The Board agreed that all waivers (stormwater, setbacks, parking) must be strictly itemized before a final vote. 5. Public Comment • Kelley Sarnie(39 Prescott St-Direct Abutter): Raised pedestrian safety issues regarding unplowed sidewalks near the site. Objected to the 5-story garage height,noting it resembles a college dorm and is out of character for the Machine Shop Village (referencing a 1984 ZBA decision capping a prior garage at two levels). Expressed severe concern over the 16.5-foot setback and local water infrastructure. • Michael Ronayne (24 Prescott St): Strongly opposed the project scale. Proposed a compromise: reduce the project to 148 total units,keeping the 74 low-income units to meet the town's 10% 40B threshold, effectively making it a 50% affordable building while cutting the physical size and height in half. • Robin Morganson (147 High St): Voiced extreme frustration over repeated dense development by the same developer. Highlighted the history of flooding, severe traffic backups, and pedestrian fatalities. Disputed the Applicant's claim regarding vehicle trip generation, arguing the density will easily exceed 1,000 trips per day. 6.Action Items & Next Steps • Applicant/Town: Initiate discussions with the DPW regarding the potential use of the 3 6" bypass pipe for stormwater routing. • Applicant: Prepare a highly detailed, itemized list of all requested zoning and stormwater waivers. • Town/ZBA: Ensure all written correspondence from residents is uploaded to a public folder/website for transparency. • Next Meeting:A motion was made and passed to continue the hearing to March 24,2026, at 7:00 PM at Town Hall. The next meeting will focus on Architecture and Design Review.