HomeMy WebLinkAbout2015-04-07 Planning Board Minutes Town of North Andover
PLANNING BOARD
NORTil q
John Simons, Chairman '``° ;°=60 David Kellogg
Lynne Rudnicki 0 p Lora McSherty
Michael Colantoni Peter Boynton
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Tuesday April 7,201 S @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
1 Present: J. Simons,L.Rudnicki,L.McSherry,D.Kellogg,Peter Boynton
2 Absent: M. Colantoni
3 Staff Present: J.Enright,B.Wolstromer
4
5 D.Kellogg(for J. Simons,Chairman): The planning board meeting for Tuesday,April 7,2015 was called to order
6 at 7:05 p.m. (J. Simons arrived @ 7:10 p.m.)
7
8 ANR:16 Berry Street:
9 J.Enright: The applicant was in recently with a proposed ANR plan that was withdrawn without prejudice.A new
10 plan has been submitted and Cal Goldsmith, GPR, is here to present the plan.
11 Cal Goldsmith, Goldsmith,Prest&Ringwall,Inc.: Presented the ANR plan for 16 Berry Street. Originally an 11
12 lot subdivision plan was permitted for Berry Street(this plan has been recorded). With the exception of lots 10&
13 11,the future Berry Street project will be comprised of the two large lots shown on the plan. Once the additional
14 large parcel of land is closed on,the two parcels will be combined and the various lots will be extinguished to
15 become one larger parcel.This ANR plan removes land for the reconfiguration of Berry Street. For site visibility,
16 we are taking land from six parcels that exist at the registry(lots 12, 5,4,3, 2, & 1). The DPW and Tree Warden
17 have visited the site. The entry is being reconfigured to a 90 degree angle(not shown on this plan)which has been
18 permitted through MA Highway.
19 MOTION: D.Kellogg motioned to allow the Town Planner to sign the ANR plan for 16 Berry Street. Motion was
20 seconded by L.Rudnicki. The vote was 5-0,unanimous in favor.
21
22 PUBLIC HEARINGS
23 NEW PUBLIC HEARING, 94 Flagship Drive,Nova Flagship,LLC: Application for Site Plan Review Special
24 Permit.
25 J. Enright: The applicant-was in previously to request a waiver of a Site Plan Review. The request was denied and
26 the applicant has filed an application which has been noticed and sent to abutters. Steve Webster,Dutton&
27 Garfield, is here to present the project. This project proposes to add a 315 sq. ft. loading dock addition,
28 modifications to the entrance for truck access,modifications to drainage pipe lines being relocated, creation of
29 pervious area to the rear of the lot adjacent to the wetland and change in the building use. Previously,the site was
30 occupied by Chemlawn and now a metal finishing use is proposed.
31 Steve Webster,Dutton&Garfield: Since the last meeting we received Conservation approval. We provided
32 Planning with a photometric plan for lighting,produced a parking plan showing 40 spaces which is a little more
33 than half of what was shown on the approved 1995 plan. We are installing a new loading dock on the street side of
34 the building. We located it there to be opposite the residential neighbors who reside 600-700 feet beyond the rear
35 of the property. We worked with Conservation to place new pervious surfaces on site. The original catch basin
36 will be replaced and tied in properly. We are adding hoods to catch basins for better drainage. Christian& Sergi
37 surveyed existing conditions and designed for improved drainage.Nova Flagship will be combining operations
38 with neighboring, Central Metal Finishing, and a NH operation.The stairway allows access between the two
39 properties and a small pathway will follow grade contour and be used for pedestrian and forklift access. Carol
40 Shibles, owner Nova Flagship,LLC, is here to answer any business questions.The existing overhead doors will be
41 blocked up and screened where we have ventilation planned for operation.
42 J. Simons: Is the proposed use of this building the same as the adjacent building?
43 Carol Shibles: It is a similar type of processing,but different methods associated with processing coatings will be
44 used.
45 D.Kellogg:Are you EPA regulated?
Page 1 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTH H
John Simons, Chairman L David Kellogg
Lynne Rudnicki o A Lora McSherry
Michael Colantoni Peter Boynton
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Tuesday April 7, 2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
46 C. Shibles: Yes.
47 D. Kellogg: Did Lisa Eggleston comment at all on the EPA review?
48 J.Enright:No,the Conservation Commission and Jennifer Hughes reviewed have reviewed the project.
49 C. Shibles: The current facility is completely diked, enclosed and fully contained. We are a 0-discharge facility.
50 We do not discharge into the town water system. We reclaim our waters and associated processing. There are
51 eleven wells on site that have been tested many times in this location. We have never had an EPA finding or any
52 spills within our current location at 80 Flagship Drive.
53 L. McSherry: Will this facility have the same controls?
54 C. Shibles: Our intention is to build this facility with current technology for containment and environmental
55 controls associated with the process. This allows us the opportunity to open up space and provide some
56 improvements to our current facility with regard to updated technologies available.
57 L. Rudnicki: How are you capping the catch basin within the building?Are you putting a cover on it?
58 S. Webster: Pipes will be removed and filled with concrete.
59 L.Rudnicki: What is the grade change, i.e. how many stairs?Is the storage container permanent?
60 S. Webster: There will be 7 or 8 risers with a platform and rails. The path is designed to follow the site contours.
61 The container is for temporary use while we complete the work.
62 J. Simons: Parking and hours of operation,now versus before?
63 C. Shibles: Currently we are in operation from 6 a.m. until midnight.
64 J. Simons: More parking than the existing use or less parking than the existing use?
65 S. Webster: The existing parking is actually being relieved.
66 J. Simons: When are your deliveries?
67 C. Shibles: Daytime, 9 a.m.-3 or 4 p.m.
68 J. Enright: The applicant has closed with Conservation who a Negative Determination of Applicability.A draft
69 decision for review is in your packets.
70 MOTION: D. Kellogg motioned to close the Public Hearing for 94 Flagship Drive. L.Rudnicki seconded the
71 motion. The vote was 5-0 unanimous in favor.
72 A Draft Notice of Decision was reviewed.
73 MOTION: L. Rudnicki motioned to approve the Site Plan Review for 94 Flagship Drive, as amended. D. Kellogg
74 seconded the motion. The vote was unanimous in favor, 5-0.
75
76 NEW PUBLIC HEARING, Osgood Solar,LLC:
77 J. Enright: This application is for the OSGOD Special Permit. In your packet,you received a letter from Gerald
78 Brown,Building Inspector for North Andover,regarding the project Use.
79 L. McSherry: Read the letter dated 3/24/15 from the Bldg. Inspector into the record.
80 J. Enright: The application was filed prior to receiving this letter. At the time of filing the applicant understood
81 that we were going to request a determination of use from the Building Inspector. Since this letter has been
82 received Dan Leary has indicated that the applicant would like to request to Withdraw Without Prejudice.
83 Dan Leary,Power Owners: Submitted a letter to the Board(dated: 4/7/15) summarizing why they are requesting to
84 Withdraw Without Prejudice.
85 J. Simons: I would like to leave this public hearing open in order to consult with Town Council to ensure correct
86 sequence on this matter. I agree with the Building Inspector; however,there are three or four legal issues that 1
87 would like further direction on.
88 MOTION: L.Rudnicki motioned to continue the hearing to the next meeting. D. Kellogg seconded the motion.
89 The vote was 5-0 unanimous in favor.
90
Page 2 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
t%0RTFI q
John Simons, Chairman a°�t�``.° ;6,6�0o David Kellogg
Lynne Rudnicki F p Lora McSherry
Michael Colantoni * Peter Boynton
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Tuesday April 7,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
91 NEW PUBLIC HEARING: Annual Town Meeting Zoning-Articles
92 J. Simons: Are these all the articles we need to vote on?What about the Capital spending articles?
93 J.Enright: We will address the Capital spending articles at the April 17th meeting. Bruce Thibodeau will attend
94 that meeting.
95 J. Simons: We will need to vote on the Community Preservation Articles.
96 J. Simons: Can you explain what we did and how we did it?
97 J. Enright: Article 9 proposes to amend the Downtown Overlay District by converting and extending a portion of
98 the existing Downtown Overlay District,which includes the land on which the former Davis&Furber Machine
99 Co. mill buildings to a new Sub-district A: Historic Mill Area, of the Downtown Overlay District. This
100 amendment is designed to establish a clear review process and standards within this Sub-district.
101 J. Simons: Explain why the original overlay district was done and why we need to do this?
102 J.Enright: The original overlay provided design guidelines and standards for developing the Main Street corridor,
103 and a section of Water Street to the mill buildings. The overlay combines uses already allowed in the underlying
104 zoning districts and allows the uses within the overlay. If an applicant chooses to take advantage of the overlay by
105 developing their property with a use allowed in the overlay,but not in the underlying district,they would be
106 required to follow enhanced design guidelines set up to promote better development on Main Street and some side
107 streets. The parcels of land and existing buildings proposed in the Sub-district A are significantly different than
108 what exists in the other areas of the Downtown Overlay District. The design guidelines and setback requirements
109 that exist for the downtown do not fit well for these parcels and building.
110 J. Simons: Bigger buildings, bigger parcels as opposed to quarter acre lots. We formed a committee?
111 J. Enright: We formed a working group which included Board members and property owner representatives. We
112 evaluated the downtown overlay design guidelines, setbacks, and uses that are allowed throughout the Bylaw and
113 incorporated a similar approval process to the Planned Development District.
114 J. Simons: Lynne,you were on the committee,how would you explain this?
115 L.Rudnicki: Generally;we-fixed some-of the defects that did not apply to this site. The Downtown Overlay
116 District had a lot of zero lot lines which would apply to the developed parcels depending on what we considered
117 the frontage, i.e.Elm,High and Water Street.We put restrictions on those back parcels with regard to setbacks
118 from the residential neighborhood,height step downs,to make sure it fits into the neighborhood. We also allowed
119 the increase in floor area of the existing buildings. It's a better product for the neighborhood. It has a lot more
120 protection for the neighbors, it allows for the flexibility to develop empty parcels and also to obtain tenants,we
121 certainly don't want empty buildings.
122 J.Enright: We did have one question from an abutter related to the underlining zoning. This proposal does not
123 change existing underlying zoning.
124 Bob Carroll,resident 148 Main Street: I am concerned about area traffic. There is a need for a light at the right of
125 way of Sutton Pond,at the intersection of High St. and Prescott.At 6:30 a.m.there is a traffic problem. A set of
126 lights at the developer's cost,I think should be considered.
127 J. Simons: The topic of lights is a complex one. As a town,we don't have unlimited authority to install lights. We
128 have to comply with certain state rules.
129 B. Carroll: I'm not exaggerating. I see more incidences of close accidents due to speed at that intersection.People
130 aren't paying attention coming down High Street. Sutton Pond's right of way is getting busier and it's only one
131 lane. Speed bumps don't stop people from going too fast.I have been seriously injured once and it took seven
132 years walk again after being struck while walking.
133 D.Kellogg: We have discussed traffic coming down the hill on High Street and coming up the hill at the Elm
134 Street/Water Street intersection.
135
Page 3 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
t%0RTfi
John Simons, Chairman ;6�tioL David Kellogg
Lynne Rudnicki F Lora McSherry
Michael Colantoni * Peter Boynton
�•9 SS
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Tuesday April 7, 2015@ 7 p.m. Town Hall,120 Main Street,North Andover,MA 01845
136 Planning Board Report—April 7,2015
137 The Planning Board makes the recommendations regarding the following Town Meeting warrant articles as
138 required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
139
140 Article 4: Authorization to Accept Grants of Easements. To see if the Town will vote to authorize
141 the Board of Selectmen and the School Committee to accept grants of easements for access, water,
142 drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board
143 and Committee deem in the best interest of the Town,
144
145 or to take any other action relative thereto.
146
147 Board of Selectmen
148
149 Board of Selectmen Recommendation: Favorable Action
150 Planning Board Recommendation:
151 OTION: A motion was made by L. Rudnicki to recommend Favorable Action on Article 4 The
152 motion was seconded by D. Kellogg. The vote was unanimous 5-0`
153
154 Article 5: Authorization to Grant Easements. To see if the Town will vote to authorize the Board of
155 Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and
156 utility purposes or any public purpose on terms and conditions the Board and Committee deem in the
157 best interest of the Town,
158
159 or to take any other action relative thereto.
160
161 Board of Selectmen
162
163 Board of Selectmen Recommendation: Favorable Action
164 Planning Board Recommendation:
165 MOTION: A motion was made by L. Rudnicki to recommend Favorable Action on Article The
166 motion was seconded by D Kellogg_ The vote was unanimous 5-0
167
168 Article 6: Easements for Safe Routes to Schools Project. To see if the Town will vote to authorize
169 the Board of Selectmen to acquire by purchase, gift, and/or eminent domain, on such terms and
170 conditions as the Board of Selectmen deem appropriate, permanent and/or temporary easements on the
171 parcels of land referenced below for public way purposes, including, without limitation, the construction,
172 alteration, maintenance, improvement, repair and/or replacement of rights of way, driveways, sidewalks,
173 ramps, parking areas, utilities and/or traffic control devices, and related improvements, to be undertaken
174 in connection with the Safe Routes to School Project, and for all uses and purposes incidental thereto,
175 said easements to be in, on and under the parcels of land on or near Massachusetts Avenue, Green
176 Street, and Parker Street and shown on a plan entitled "Plan of North Andover Middle School
Page 4 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTy q
Jo/:n Simons, Chairman 32°�<i,`° ;6.6�ooL David Kellogg
Lynne Rudnicki F to Lora McSherry
Michael Colantoni _ * Peter Boynton
CHU
Tuesday April 7,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
177 Massachusetts Avenue - Greene Street - Parker Street in the Town of North Andover Essex County," a
178 copy of which is on file with the Town Clerk, as the same may be amended from time to time, and,
179 further, to see if the Town will vote to raise and appropriate, transfer from available funds, accept gifts
180 and/or borrow a sum of money for the foregoing purposes and any costs related thereto, and to authorize
181 the Board of Selectmen to enter into all agreements and take all related actions necessary or appropriate
182 to effectuate the purposes set forth herein, and, further, to dedicate to, and transfer to the Board of
183 Selectmen for, public way purposes, including, without limitation, the purpose of constructing and
184 maintaining sidewalks, ramps and other Project improvements, a portion of the property located at 495
185 Main Street and shown on the aforesaid plan,
186
187 or to take any other action relative thereto.
188
189 Board of Selectmen
190
191 Board of Selectmen Recommendation: Favorable Action
192 Planning Board Recommendation:
193 °KF0T1ON: A motion was made by L. Rudnicki recommend Favorable Action on Artzcle 6. The motion
194 was seconded by D.Kellogg. The vote was unanimous 5-0 i
195
196 Article 9: Amend Zoning Bylaw—Section 18: Downtown Overlay District. To see if the Town will
197 vote to amend the Town of North Andover Zoning Bylaw, Section 18 Downtown Overlay District, by
198 making the following amendments to Subsections 18.1 and 18.7 (by identifying text which is deleted as
199 strikethrough and--text added-as underlined), and by adding a new sub-district under new Subsection 18.8
200 "Downtown Overlay District—Sub-district A: Historic Mill Area," as follows:
201
202 Amend Zoning Bylaw Subsection 18.1 by deleting the phrases "...including the mill buildings,..." and
203 "...through Annual Town Meeting 2008..." in the first paragraph, so that Subsection 18.1 reads as
204 follows:
205
206 Section 18 Downtown Overlay District
207
208 18.1 Location and Applicability
209 The Downtown Overlay District shall consist of the area delineated on the Town's zoning map, but
210 shall include the area along Main Street from Sutton Street to Merrimac Street; Water Street from the
211 intersection with Main Street to High Street, ineluding the mill buildings;; portions of Waverley
212 Road, First Street and Second Street; Ellis Court; School Street; Saunders Street; and Cleveland
213 Street. Said area is described on the Town of North Andover Zoning Map as amended throug
214 A+mual rr,,.,,,-, Meeting 2008
215
216 An application for the Downtown Overlay District shall be in accordance with the standards set forth
217 in this section and shall be reviewed by the Planning Board, as Special Permit Granting Authority, or
Page 5 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
VIORTH q
John Simons, Chairman 3t°�<��e.° w°16tiOL David Kellogg
Lynne Rudnicki o p Lora McSherry
Michael Colantoni - * Peter Boynton
9SSACHUS
Tuesday April 7,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
218 otherwise. An application for the Downtown Overlay shall be deemed to satisfy the requirements for
219 Site Plan Review as described in Section 8.3.
220
221 Amend Subsection 18.7 ("Waivers") by deleting the text therein, and renumbering Subsection 18.8 as
222 new Subsection 18.7, and by deleting the phrase "...., unless waived in accordance with
223 Section 18.7." so that new Subsection 18.7 reads as follows:
224
225 118.7 Wa =ems
226 , th
227 , as defined i
228 , and/or- layout of existing or- no
229 ,
230 properties, the Planning Board,., PA the.-,
231
232 a. Waivers of limited dimensional, design,
233 18.6 „fthe 711,11.1,+.,11,,, Over-lay Distfiet
234 , or- other er-iter-ia under the Zoning
235
236 , no waiver- shall be granted
237 building height in exeess of the building height existing on the par-eel as of the date of the
238 adoption r f this amendment, or-for-floor-area ratio in of 2.0.
239 d. The Plafming Bowd's
240 after the rants of n1ar1ption of this Seel o 18.7.
241
242 18.-87 Relationship to Underlying Zoning:
243 The Downtown Overlay District is an overlay district superimposed on all underlying zoning
244 districts. Within the Downtown Overlay District, the regulations for use, dimension, and all other
245 provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force,
246 except for those sites undergoing development in accordance with Section 18. To the extent that
247 there is a conflict between the provisions of the underlying zoning and the provisions of the
248 Downtown Overlay District, the provisions of Section 18 shall govern, unless waived in d
249 with seetio 18.7.
250
251 Amend Section 18 by creating a new sub-district as a new Subsection 18.8 ("Downtown Overlay
252 District—Sub-district A: Historic Mill Area") described as follows:
253
254 Section 18.8 Downtown Overlay District—Sub-district A: Historic Mill Area
255
256 18.8.0 Purpose.
257 The purpose of Sub-district A is to:
Page 6 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
j%0RTF/H
John Simons, Chairman e`6D 6.,�°o David Kellogg
Lynne Rudnicki F � Lora McSherry
Michael Colantoni * c * Peter Boynton
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Tuesday April 7, 2015 @ 7p.m. Town Hall, 120 Main Street,North Andover,MA 01845
258 a) Encourage a diverse mix of residential, business, commercial, office, governmental,
259 institutional, entertainment and other uses for workers, visitors, and residents;
260 b) Not detract from the livability and aesthetic qualities of the environment.
261 c) Promote more efficient use of land while protecting natural resources, such as water
262 resources, wetlands, floodplains, and wildlife.
263 d) Permit the preservation of existing structures through conversion to new uses in a manner
264 that maintains and enhances the visual character and architectural scale of existing
265 development within the district;
266 e) Permit an appropriate density of new development to support a vibrant, mixed-use area;
267 f) Encourage first floor retail/restaurant space
268 g) Encourage an active streetscape through mixed-uses and high quality design;
269 h) Encourage a pedestrian and bicycle friendly environment;
270 i) Minimize visual and functional conflicts between residential and nonresidential uses
271 within and abutting the district.
272 j) Encourage consolidation of curb cuts for vehicular access and promote more efficient and
273 economical parking facilities.
274 k) Allow for more compact development than may be permitted in other zoning districts to
275 reduce the impacts of sprawl;
276
277 18.8.1 Establishment
278 Sub-district A - Historic Mill Area of the Downtown Overlay District is established as a separate
279 and independent sub-district from the Downtown Overlay District provisions under Sections 18.0
280 through-18.7 of the Zoning Bylaw, and this Section 18.8 is superimposed over all underlying
281 zoning districts established by the Zoning Bylaw now or hereafter applicable to the properties
282 historically known as the former Davis & Furber Machine Company, and is shown as Downtown
283 Overlay District: Sub-district A on the Zoning Map prepared by the North Andover Division of
284 Community Development. This map is hereby made a part of the Zoning Bylaw and is on file in
285 the Office of the Town.
286
287 18.8.2 Boundaries
288 Boundaries of the Downtown Overlay District— Sub-district A: Historic Mill Area are shown on
289 the Zoning Map and shall include all of the real property as identified on the FY 2014 Town of
290 North Andover Assessor's Map: Map 54 Parcel 1, Map 53 Parcel 25, Map 68 Parcel 10, Map 68
291 Parcel 1, and Parcel 3, as described by deed in Book 10601, Page 340 for the former rail road
292 right of way, as more particularly shown on the Zoning Map.
293
294 18.8.3 Applicability and Relationship to Underlying Zoning
295 An application for a proposed project located within Sub-district A—Historic Mill Area may either
296 use the standards in the underlying zoning oning district in their entirety, or those standards contained
297 within Section 18.8 in their entirety. For those sites for which an application is filed in
298 accordance with Section 18.8 review shall be in accordance with the standards set forth in this
Page 7 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NT
John Simons, Chairman 32°6 ,° 6'°NO0 David Kellogg
Lynne Rudnick; 0 Lora McSherry
Michael Colantoni Peter Boynton
'by �gAifD (5
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Tuesday April 7, 2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
299 Section 18.8 by the Planning Board, as Special Permit Granting Authority, or otherwise. If an
300 applicant elects to file an application for a project in accordance with the requirements of this
301 Section 18.8, then to the extent that there is any conflict between the provisions set forth in this
302 Section 18.8 and any other provisions of the Zoning Bylaw, the terms of this Section 18.8 shall
303 govem.
304
305 18.8.4 Permitted Uses
306 The following uses are permitted, as more specifically described below:
307
308 18.8.4.1 The following uses shall be permitted by right in the Sub-district A:
309 a) Detached one- or two-family residential structures;
310 b) Multifamily dwellings,up to 6 dwelling units;
311 c) Townhouses;
312 d) Mixed-use structures (for permitted usesh
313 e) Retail sales establishments, excluding automobile service station, car wash, body
314 shop, automobile repair shop, or sales of motor vehicles, of no more than 15,000
315 square feet of floor area;
316 f) Restaurant, cafe, or other establishment serving food and/or beverages, establishments
317 of no more than 15,000 square feet of floor area;
318 g) Business Office ((a primary use consisting of office activities of any type, including
319 business and financial office activities (including banks and financial institutions) and
320 professional office activities, excluding automobile service station, car wash, body
321 shop, or automobile repair shop));
322 h) Professional Office (A primary use consisting of office activities by a doctor, dentist
323 architect, lawyer, engineer or other professional person or persons);
324 i) Day care center;
325 j) Hall, club, theater, or other place of assembly, establishments of no more than 15,000
326 square feet of floor area;
327 k) Place of recreation,
328 1) Veterinary hospital;
329 m) Research and development facilities;
330 n) Light manufacturing, including fabrication, processing, finishing assembly,packing
331 or treatment of articles or merchandise, craft brewing or food processing_provided
332 such uses are conducted solely within a building;
333 o) Printing and reproduction;
334 p) Educational uses exempt from zoning_prohibition by General Laws Chapter 40A
335 Section 3.
336 q) Religious uses exempt from zoning_prohibition by General Laws Chapter 40A
337 Section 3.
338 r) Art ag llery or museum;
339 s) Public building or use and public service corporations;
Page 8 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORT#1
John Simons, Chairman 32°4 f 6L David Kellogg
Lynne Rudnicki o - p Lora McSherry
Michael Colantoni * Peter Boynton
�RAilD
9SSACHUS�
Tuesday April 7,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
340
341 18.8.4.2. The following uses shall be permitted by special permit by the Planning Board in the
342 Sub-district A:
343 a) Multifamily dwelling, seven or more units;
344 b) Mixed-use structures for uses allowed by special permit
345 c) Independent elderly housing, congregate housing, assisted .living, nursing care
346 facilities;
347 d) Retail sales, establishments excluding automobile service station, car wash, body
348 shop, automobile repair shop, or sales of motor vehicles, of more than 15,000 square
349 feet of floor area;
350 e) Restaurant, cafe, or other establishment serving food and/or beverages, establishments
351 of more than 15,000 square feet of floor area;
352 f) Hall, club, theater, or other place of assembly, establishments of more than 15,000
353 square feet of floor area;
354 g) Hotel or Motel;
355 h) Hospital;
356 i) Warehousing and wholesaling,
357 j) Pet day care or boarding;
358 k) Any drive-through facility accessory to an above use;
359 1) Free-standing automated teller machine;
360 m) Photovoltaic power generation systems;
361 n) Public garage,
362 o)- Any accessory use customarily incident to any of the above permitted uses, provided
363 that such use shall not be noxious or dangerous to the neighborhood
364
365 18.8.4.3 Other uses. All other uses are hereby expressly prohibited except uses which are
366 substantially similar in character to the permitted uses enumerated above, as determined by
367 the Planning Board, shall be treated as requiring a Special Permit to be issued by the Planning
368 Board.
369
370 18.8.5 Design Guidelines
371 Redevelopment and new construction within the Overlay District shall be designed in a fashion to
372 achieve one or more of the purposes of Sub-district A described in Section 18.8.0. The following
373 guidelines are intended to aid the Planning Board in its review of projects during both the Master
374 Plan and Definitive Plan review stages as described under Section 18.8.10, and are intended to be
375 flexible guidelines and not rigid standards which the Planning Board may consider:
376 a) Where appropriate new buildings should be oriented to face the public way, set close to
377 the sidewalk with parking located to the side or behind the buildings rather than between
378 the building and the street.
379 b) Buildings shall be oriented to encourage convenient pedestrian and bicyclist access and
380 public activity in visible areas.
Page 9 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
John Simons, Chairman 3i°�No.. 6 6�oL David Kellogg
Lynne Rudnick; o Lora McSherry
Michael Colantoni * Peter Boynton
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Tuesday April 7,2015 @ 7p.m. Town Hall, 120 Main Street,North Andover,MA 01845
381 c) Large blank walls should be avoided. New buildings should be divided visually into sub-
382 elements, where appropriate, to express the functional diversity within the building;
383 similarly, commercial ground floors of new buildings should emphasize transparency
384 similar to traditional store fronts or the existing mill buildings.
385 d) New curb cuts on existing public ways shall be minimized.
386 e) Where possible, it is preferable to have underground utilities for new and redeveloped
387 buildings.
388 f) Where possible historic features of historic buildings shall be preserved.
389 g) Signage and lighting shall be sufficient and consistent with the proposed use.
390 h) New development shall transition in height, density, scale, intensity, and use from the
391 existing mill buildings to the surrounding neighborhoods abutting the Sub-district A.
392
393 18.8.6 Dimensional and Density Standards
394
395 18.8.6.1 Setbacks.
396 (a) Existing Buildings and Structures. In keeping with the purpose of Sub-district A it is
397 recognized that the existing buildings have been developed with distinct development
398 patterns to match the traditional needs of the lots and buildings that have made the
399 Historic Mill Area unique. Building setbacks within the Sub-district A for buildings
400 and structures in existence as of the date of adoption of this Section 18.8 shall include
401 a minimum front yard setback, side yard setback, and rear yard setback of zero.
402 (b) New buildings and Structures, Additions to Existing Buildings and Structures. New
403 buildings and structures, as well as additions to those buildings and structures existing
404 as of the date of adoption of this Section 18.8, shall be subject to the following
405 minimum dimensional requirements:
406 (i) A 35-foot setback of a new building from the Sub-district A boundary is required
407 when the Sub-district A lot line abuts a residential zoning district located outside
408 Sub-district A, subject to Section 18.8.6.2 below. The first 15 feet of the setback
409 abutting the residential zoning district shall remain open and green, be suitably
410 landscaped, unbuilt upon, unpaved, and not parked upon.
411 (ii) A 20 foot setback is required from any side or rear lot line for all newly
412 constructed buildings, where not abutting a residential zoning district located
413 outside Sub-district A, subject to Section 18.8.6.2 below.
414 (iii)With regard to additions to those buildings and structures existing as of the date of
415 adoption of this Section 18.8, only the new portions of such additions shall be
416 subject to the setback requirements under Section 18.8.6.1(b).
417
418 18.8.6.2 Building Height
419 (a) Existing Buildings and Structures. The building height of buildings and structures in
420 existence as of the date of adoption of this Section 18.8 shall be deemed to be
421 compliant with building height requirements under this Zoning Bylaw. Any increase
Page 10 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
John Simons, Chairman g T,W .D m 6~oL David Kellogg
Lynne Rudnicki o - Lora McSherry
Michael Colantoni Peter Boynton
C�Q[arao
CHU
c M •r
Tuesday April 7,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
422 in building height for existing buildings and structures in existence as of the date of
423 adoption of this Section 18.8 shall require a Special Permit issued by the Planning
424 Board.
425 (b) New buildings and Structures; Additions to Existing Buildings and Structures. New
426 buildings and structures, as well as additions to buildings and structures in existence
427 on or before the date of adoption of this Section 18.8, shall be limited to 55 feet in
428 building height by right where located within the underlying I-S district, or within 100
429 feet of the underlying I-S zoning district boundary special permit; and where such
430 buildings or structures are not located within the underlying I-S district or within 100
431 feet of the underlying I-S zoning district boundary, the height limit shall be 35 feet by
432 right, and such building or structure having a Building Height in excess of 35 feet but
433 not more than 55 feet, shall be permitted only by special permit.
434
435 Notwithstanding anything to the contrary in this Section 18.8, new buildings or
436 structures, as well as additions to buildings and structures constructed after the date of
437 the adoption of this Section 18.8, may be allowed.between 55 feet and 70 feet in
438 building height by pecial permit issued by the Planning Board , provided that a
439 portion of such structure's occupiable space is located within 50 feet of a structure
440 existing on or before the adoption of this Section 18.8, and that no part of such
441 structure is located more than 200 feet from such an existing structure.
442
443 18.8.6.3 Floor Area Ratio
444 A maximum- Floor Area Ratio of 1.0 shall be permitted by right. By special permit, the
445 Planning Board may permit an FAR of up to 2.0, where it can be shown to be consistent with
446 the purposes of Section 18.8.0. For the purposes of calculating FAR, the lot area shall be the
447 sum of all parcels included as part of a Master Plan per Section 18.8.10 and located within the
448 Overlay; parcels included may be separated by public rights of way or other privately held
449 land, and are not required to be held in common ownership.
450
451 18.8.6.4 Extension, Alteration and Reconstruction of Existing Buildings and Structures
452 Notwithstanding any_provisions of this Zoning Bylaw to the contrary, buildings and structures
453 existing as of the date of adoption of Section 18.8 may be extended or altered or
454 reconstructed, provided, that no such extension or alteration or reconstruction shall be
455 permitted unless there is a finding by the Planning Board, as the special permit agr nting
456 authority, that such change extension or alteration or reconstruction shall not be substantially
457 more detrimental than the existing structure to the neighborhood and shall be consistent with
458 the purposes of Section 18.8.
459
460 18.8.7 Site Design Guidelines
461 To encourage good site design the Planning Board shall encourage the use of the following site
462 design and architectural features where appropriate, in reviewing an Application.
Page 11 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTJI q
John Simons, Chairman �oL David Kellogg
Lynne Rudnicki o p Lora McSherry
Michael Colantoni Peter Boynton
��SSACHUS
Tuesday April 7, 2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
463
464 18.8.7.1 Urban Design Features
465 a. Alleys, parks or open spaces, patios, sidewalks and planting strips, outdoor seating
466 areas for private commercial use
467 b. Building type (for example townhouse, storefront retail)
468 C. Signage
469
470 18.8.7.2 Architectural features for any work consisting of an increase in floor area through
471 either the placement or construction of a new principal structure, a new accessory structure,
472 an addition, alteration or rehabilitation to a principal or accessory structure, a conversion of
473 one use type to another, or any new use or structure requiring a curb cut:
474 a. Building facades (new and rehabilitation&repair)
475 b. Exterior features
476 c. Building height, setbacks and build-to-lines
477 d. Exterior materials, doors and windows
478 e. Exterior colors
479 f. Signage, flags and banners
480 g. Sign design standards as applicable and consistent with Section 6 of this B l
481 h. Exterior illumination
482
483 18.8.7.3 On-site and off-site improvements
484 a. Fences and walls
485 b. Patio, square, or plaza
486 c. Landscaping with areas and plants noted
487 d. Special pavement and sidewalk treatment
488 e. Setbacks and sidewalk and utility easements
489 f. Street and parkin lot of lighting
490 g. Street furniture, trash containers, benches, news racks, kiosks
491 h. Parking standards including shared parking agreements
492 i. Refuse storage and access
493 j. Traffic circulation plan and street improvements as needed to relieve excessive
494 congestion
495
496 18.8.8 Site and Design Standards.
497 The site and design criteria within this Section shall be applicable to all residential projects
498 greater than six (6)units, mixed use and nonresidential property,
499
500 18.8.8.1 Site Access
501 a. Curb cuts within two hundred (200) feet of intersections shall be minimized.
502 b. Curb cuts greater than thirty (30) feet and driveway openings greater that twenty (20)
503 feet shall be minimized. Full width curb cuts are prohibited.
Page 12 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTy
John Simons, Chairman a°���``° ~00 DuvidKellogg
Lynne Rudnicki F s p Lora McSherry
Michael Colantoni Peter Boynton
BRAT!° 'fi
9SSACHU`�E�
Tuesday April 7,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
504
505 18.8.8.2 Parking. Existing and proposed structures and uses within the Overlqy shall provide
506 adequate off street parking for activities within the development in accordance with the
507 standards described in Section 8.1. The Planning Board may waive any requirements of
508 Section 8.1, including, but not limited to, required ratios, design standards, or location where
509 it can be shown to further the Purpose of this Section in accordance with the review
510 procedures of Section 18.8.8. Street parking within 100 yards of a parcel shall be deemed
511 included in the parking count for the property. In addition, leased or owned parking within
512 400 yards of the property line may be used to meet the parking requirement by pecial permit.
513
514 As part of its review of the Master Plan and subsequent Definitive Plan(s), the Planning
515 Board shall review proposed parking ratios, locations, and design standards to ensure that
516 adequate parking is provided and that the Purposes of Section 18.8.0 and the Guidelines of
517 Section 18.8.5 are being satisfied. In making this determination, the Planning Board shall
518 consider opportunities for shared parking for visitors to multiple uses on site, uses operating
519 at different times of the day or week, and the presence of public on-street parking,
520
521 18.8.8.3 Bicycle Accommodation. Bicycle parking shall be provided in safe locations, and
522 conveniently accessible to entries and/or sidewalks. An appropriate number of spaces shall be
523 determined as part of Master Plan and subsequent Definitive Plan review.
524
525 18.8.8.4 Pedestrian Accommodation. Parking, sidewalks, and landscaping areas shall rp ovide
526 for safe and convenient pedestrian circulation through the site, to buildings,parking areas
527 and public ways.
528
529 18.8.8.5 Landscaping and Appearance. Redeveloped or newly developed areas of the site
530 shall be landscaped in an attractive way that enhances the character of the development as a
531 downtown, mixed-use neighborhood.
532 a) Any required setback from a residential property, per Section 18.8.6.1.a shall be
533 screened by a solid fence or tight landscaping having a height of no less than five (5)
534 feet unless such screening would interfere with sight distance. A chain link fence
535 shall not be permitted.
536 b) New parking areas with more than 20 parking spaces shall devote at least 5% of the
537 interior of parking area to landscaping. In addition a minimum of 1 shade tree shall be
538 planted for every six parking spaces built. In the event plainting trees would not be
539 practical amid the parkin area,rea,planting of shade trees elsewhere on the property shall
540 satisfy this requirement.
541 c) A minimum of 1 shade tree shall be planted for every 40 feet of street frontage or
542 fraction thereof in appropriate locations.
Page 13 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTF/q
John Simons, Chairman a°c�T``° ;b,b�o David Kellogg
Lynne Rudnicki $' `� Lora McSherry
Michael C'olantoni * Peter Boynton
ACHUS t
Tuesday April 7, 2015 @ 7p.m. Town Hall, 120 Main Street,North Andover,MA 01845
543 d) Where appropriate, benches, planters, outdoor seating, and other amenities shall be
544 installed to encourage pedestrian use.
545
546 18.8.8.6 Waiver. The preceding provisions under this Section 18.8.8 may by waived as a part
547 of a Sub-district A special permit issued by the Planning Board where such waiver furthers
548 one or more of the Purposes of Section 18.8.0
549
550 18.8.8.7 Noise. As a mixed-use center containing office, retail, and light industrial uses
551 among others, it is acknowledged that tenants as well as mechanical systems may emit noise.
552 All development shall comply with applicable state air pollution control regulations and
553 policies in connection with sound levels.
554
555 18.8.8.8 Light. The site shall be adequately lit to provide for safety and visibility. Lighting
556 instruments shall be oriented or shielded such that they do not have spillover of greater than
557 one foot candle onto abutting properties or interfere with public ways.
558
559 18.8.9 Sign Master Plan
560 Notwithstanding anything to the contrary in this Bylaw, and as part of Definitive Plan review, the
561 Planning Board may approve a comprehensive signage master plan for the project which, if
562 approved by the Planning Board, may allow for signage which deviates from the specific sign
563 requirements of the Zoning Bylaw, including Section 6.6, provided that such signage would, in
564 the opinion of the Planning Board, be consistent with the general purpose and intent of Section
565 18.8.0. The signage master plan proposal should show proposed sizes, locations, and general
566 design approach for signs, banners, awnings, etc. in such detail as the Planning Board maw
567 reasonably necessary to make a decision to approve such master plan. Following approval of a
568 signage master plan as part of any Definitive Plan, signs may be installed, removed, and replaced
569 with the approval of the Building Inspector, provided that such signage conforms to the signage
570 plan approved in the Definitive Plan decision.
571
572 18.8.10 Plan Review and Approval Process
573 The review and approval process for an application for approval of a project under this Section
574 18.8 shall be governed by the following review procedures:
575
576 18.8.10.1 Uses which are permitted by right are allowed within buildings and structures in
577 existence as of the date of adoption of this Section 18.8, subject to building code and other
578 applicable Town bylaw and regulations.
579
580 18.8.10.2 Approval of a use requiring a special permit, and/or approval of a new structure or
581 expansion of an existing structure, shall require a special permit, subject to the following
582 procedure:
583
Page 14 of 26 April 7, 2015
Town of North Andover
PLANNING BOA"
T David Kello
John Simons, Chairman 3?°4 �°6 6�O
L gg
Lynne Rudnicki o p Lora McSherry
Michael Colantoni it Peter Boynton
SSACHU`��
Tuesday April 7, 2015 @ 7p.m. Town Hall, 120 Main Street,North Andover,MA 01845
584 18.8.10.3 Pre-Application Conference. Prior to the submission of Preliminary Master Plan or
585 Definitive Plan under Sub-district A,the applicant, at its option, may confer with the Planning
586 Board and Town Planning Staff to obtain information and guidance before beginning the
587 formal application process.
588
589 As a part of the Pre-Application Conference, the Planning Board may agree to waive the
590 Preliminary Master Plan process described in Section 18.8.10.4 below and proceed directly
591 with the filing of a Definitive Plan if it deems that the submission of a Master Plan is
592 unnecessary, due to the minor nature of the proposal.
593
594 18.8.10.4 Submission and Approval of Preliminary Master Plan. The applicant shall file, if
595 not waived by the Planning Board as provided above, a Preliminary Master Plan accompanied
596 by an application for Preliminary Master Plan Review with the Planning Board, and the
597 Board shall schedule a meeting at t a regularly scheduled Board meeting which shall be noticed
598 in accordance with Section 11 of M.G.L. c. 40A. A copy of the Preliminary Master Plan and
599 the above form shall also be filed in the Office of the Town Clerk. The Planning Board shall
600 review and determine whether the proposed project is consistent with the objectives
601 articulated under Section 18.8.0 within 60 days of receipt of the plan by the Town Clerk. In
602 approving a Master Plan, the Planning Board may suggest modifications and changes in
603 anticipation of the filing of the Definitive Plan(s).
604
605 A Preliminary Master Plan shall include the following components:
606 a) A locus plan, showing the names of abutters, land uses, and location and width of all
607 adjacent streets.
608 b) An existing site plan, showing existing buildings or structures, parking and circulation
609 areas, open space, landscaping and topography, easements, public areas within or next
610 to the development, and lot boundaries and areas.
611 c) A proposed conceptual site plan, showing, in a general manner, all proposed buildings
612 or structures, parking and circulation areas, open space, landscapin and nd topography,
613 easements, public areas within or next to the development, proposed lot boundaries
614 and areas, and the proposed system of drainage, including adjacent existing natural
615 waterways.
616 d) A narrative including: a description of the overall concept for the Master Plan,
617 including_general building locations, site improvements, and land uses, and
618 demonstrating how the Plan conforms to the Purpose of this Section; a description of
619 the natural features of the site, including wetlands, floodplains, slopes over 12%, soil
620 conditions, and other features requested by the Planning Board; and a description of
621 the neighborhood in which the tract lies, including environment, traffic, utilities, and
622 other public facilities and the general impact of the proposed Master Plan upon the
623 Town.
624
Page 15 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTy q
John Simons, Chairman 32°��r`°',646�oL David Kellogg
Lynne Rudnicki 0 - � Lora McSherry
Michael Colantoni * Peter Boynton
°RATIO'Qa
�SSACHU`���
Tuesday April 7, 2015 @ 7p.m. Town Hall, 120 Main Street,North Andover,MA 01845
625 18.8.10.5 Submission and Approval of Definitive Plan. Following_approval of a Preliminary
626 Master Plan, the expiration of the 60-dU period above without Planning Board action on the
627 Preliminary Master Plan, or waiver of the same as provided above, the applicant shall file a
628 Definitive Plan accompanied by an application for Definitive Plan Review prior to an
629 application for a building_permit. Review of a Definitive Plan shall follow the procedures of
630 Section 18.8.10.9 and Section 9 of M.G.L. c. 40A. An application for Definitive Plan
631 approval shall include the following components unless waived by the Planning Board:
632 a. A locus plan showing the names of abutters, land uses, and location and width of all
633 adjacent streets.
634 b. Landscape plans showing proposed plantings.
635 c. Engineered drawings showing_proposed utilities, storm water management, vehicular
636 circulation, parking, and other requirements as appropriate.
637 d. Proposed sign master plan, as described in Section 18.8.9.
638 e. A narrative describing how the proposed building(s), anticipated land uses, site
639 design,parking, circulation, landscaping and other features conform to the Master
640 Plan Special Permit and the Purpose of this Section.
641 f. It shall be drawn at a scale of one-inch equals forty feet unless another scale is
642 requested and found suitable by the Planning Board.
643 g. The Plan shall be prepared by a land surveyor, professional engineer, or architect.
644 h. The scale, date, and north arrow shall be shown.
645 i. The plan shall be certified by the land surveyor doing the boundary survey and the
646 professional engineer or architect on the location of the buildings, setbacks, and all
647 other required dimensions, elevations, and measurements and shall be signed under
648 the penalties of perjury.
649 j. The corner points of the lot and change of direction of lines shall be marked b scene
650 monuments, cut in stone, stake and nail, iron pin, or other marker and shall be so
651 marked.
652 k. Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting
653 streets and ways.
654 1. Easements within the lot and abutting thereon.
655 m. The location of existing or proposed buildings on the lot.
656 n. The location of existing wetlands, water bodies, wells, 100 year floodplain elevation
657 and other natural features requested by the Planning Board.
658 o. The dimensions of the existing and proposed buildings in feet.
659 p. The distance of existing and proposed buildings from the lot lines and the distance
660 between buildings on the same lot.
661 q. Percent of the lot coverage.
662 r. Average finished grade of each proposed building_
663 s. The elevation above average finished grade of the floor and ceiling of the lowest floor
664 of each proposed building_
665 t. Existing and proposed topographical lines at two (2) foot intervals.
Page 16 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
V30RTF/q
John Simons, Chairman 3?°�yt``° mot David Kellogg
Lynne Rudnicki o , Lora McSherry
Michael Colantoni Peter Boynton
�9SSACHUS t
Tuesday April 7, 2015 @ 7p.m. Town Hall, 120 Main Street,North Andover,MA 01845
666 u. Height of all proposed buildings, above average finished grade of abutting streets.
667
668 18.8.10.6 Phasing. In the event of phased development of an approved Master Plan, the
669 applicant may divide the proposed development described in the Master Plan into several
670 phases which shall be reviewed either through a single combined Definitive Plan, or through
671 a series of separate Definitive Plans that address the proposed area of work.
672
673 18.8.10.7 Consolidation of Review. An application for approval under this Section 18.8 is
674 also intended to consolidate review and approval under other applicable provisions of this
675 Zoning Bylaw as a single special permit review process with a single special permit issued by
676 the Planning Board. To this end, if an application for approval under this Section 18.8 also
677 triggers review under Section 8.1 (Parking), and/or 8.3 (Site Plan Approval) and/or Section
678 66(signs), the Planning Board shall consolidate its review such that an application filed
679 under Section 18.8 for a Sub-district A special permit shall be deemed to satisfy the
680 requirements under Sections 8.1, 8.3, and 6.6, and the Applicant shall also use the standards
681 under said Sections 8.1, 8.3 and 6.6 as guidance and without the need to file for separate
682 zoning relief under said Sections, and the conditions and requirements under Sections 8.1
683 and/or 8.3 and/or 6.6 shall be incorporated into the Sub-district A special permit review and
684 qpproval process.
685
686 18.8.10.8 Peer Review. The applicant shall be required to pay for reasonable consulting fees
687 to provide peer review of the Definitive Plan Approval application. Such fees shall be held by
688 the Town in a separate-account and used only for expenses associated with the review of the
689 application by outside consultants, including, but not limited to, attorneys, town counsel,
690 engineers, urban designers, housing consultants, planners, and others. Any surplus remaining
691 after the completion of such review, including any interest accrued shall be returned to the
692 applicant.
693
694 18.8.10.9 Procedures
695 a. The Sub-district A Master Plan approved by the Planning Board under Section 18.8
696 becomes the official development plan for a site for which an application for Sub-
697 district A Master Plan Special Permit is filed. Town permits shall be issued or
698 withheld based upon compliance with the approved Master Plan. The approved
699 Master Plan is legally binding and can only be changed or adjusted in compliance
700 with the provisions contained in Section 18.8.10.10 (Revisions to Approved Master
701 Plans).
702 b. A Master Plan approval is by pecial Permit issued by the Planning Board, as special
703 permit granting authority, and shall be noticed in accordance with Sections 9 and 11
704 of M.G.L. c.40A.
705 c. An applicant for a Sub-district A Master Plan Special Permit shall file with the
706 Planning Department an application form, fee, the Master Plan, and any additional
Page 17 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTy
John Simons, Chairman =°�<;``° ,°m~°o David Kellogg
Lynne Rudnicki F p Lora McSherry
Michael Colantoni Peter Boynton
DgATED
�9SSACH►1`+�t
Tuesday April 7, 2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
707 information as may be required as described herein or as provided in regulations
708 and/or instructions of the Planning Board. Once the application is deemed complete,
709 the Planning Department will forward one copy of the application to the Town Clerk.
710 An application will not be deemed complete until all required information and fees are
711 submitted. The time periods set forth in this Zoning Bylaw and M.G.L. c..40A will
712 not start until the application has been deemed complete and submitted to the Town
713 Clerk. The application shall also be subject to the procedures and requirements for
714 special permits under Sections 10.3 and 10.31 of the Zoning Bylaw.
715 d. The Planning Board shall have the authority to require that the applicant pay for
716 necessary professional services required to adequately review and analyze the contents
717 of any Master Plan or technical review requested by the Board.
718
719 18.8.10.10 Revisions to Approved Definitive Master Plan
720 (a) Any revisions to a development that has secured Sub-district A Master Plan approval
721 shall be submitted to the Town Planner for review. No revisions shall be approved until
722 the Town Planner receives three (3) copies of the revised plan and the revisions placed on
723 the plan fall into the following categories:
724 (i) A change of location and layout of any parking area(s), signs, storage or accessory
725 buildings,provided that no Town Bylaws are violated by the change;
726 (ii) The change in the proposed landscaping_plan which does not violate any Town
727 Bylaw;
728 (iii) A change of egress and ingress provided the same is in compliance with Town
729 Bylaws and the requirements of the Commonwealth; or,
730 (iv) Such other adjustments deemed minor by the Town Planner with consent by the
731 Planning Board.
732 (b) The revisions cited above may be completed without further approval by the Planning
733 Board, upon approval by the Town Planner. The Town Planner may determine that the
734 revisions as shown do not fall into the categories outlined in this subsection, and that the
735 proposed revisions are in fact substantial and call for a materially different site plan than
736 approved by the Planning Board in that changes are called for in the type, location and
737 manner of the facilities and site improvements to be constructed and shown in the
738 approved Master Plan.
739 (c) If the revisions are determined to be substantial and materially different by the Town
740 Planner, the Town Planner shall direct the applicant to resubmit the site plan to the
741 Planning Board for approval in accordance with the provisions of this section.
742
743 18.8.10.11 Standards for Approval— Special Permit.
744 In addition to satisfying�pecific criteria for the grant of a special permit contained in
745 Section 10.31 of this bylaw, and under Section 9 of M.G.L. c. 40A, the Planning Board shall
746 issue a special permit only after consideration of the following factors:
Page 18 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NJohn Simons, Chairman 32°4 o°T a 6�oL David Kellogg
Lynne Rudnicki ►° � Lora McSherry
Michael Colantoni JK Peter Boynton .
�SSACHUS�t
Tuesday April 7, 2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
747 a) Compliance with the criteria established under this Section 18.8 unless otherwise
748 waived;
749 b) Impact on the neighborhood visual character, including architectural design, views
750 and vistas; and,
751 c) The project meets one or more of the purposes established under Section 18.8.0.
752
753 or to take any other action relative thereto.
754
755 Planning Board
756
757 Board of Selectmen Recommendation:
758 Planning Board Recommendation:
759 MOTION: A motion.was made by L. Rudnicki to recommend" Favorable Action on Article 9 Elie
760 motion was seconded by D. Kellogg. The vote was unanimous, 5-0,
761
762
763 EXPLANATION:' This Article proposes to amend the Downtown Overl"ay District by coriverhng
764 and `extending a' portion of,the existing_Downtowri°Overlay District; which includes the land °on
765 'which the former Davis &i FurberrvMachine Company. mill buildings are located, to a new<Sub-,
766 district A: Historic Mill Area of'tlie Downtown;Overlay District; `designed to establish a 'clear
767 =review, rocess and standards:within new'Sub-district'A.,
768 p
769
770
771
772
773
774 Article 10: Amend Zoninjj Map — Downtown Overlay District. To see if the Town will vote to
775 amend the Zoning Map for the Town of North Andover by rezoning certain parcels of land to be
776 included within the Downtown Overlay District — Sub-district A: Historic Mill Area, identified on the
777 2014 Town of North Andover Assessor's Maps as: Map 53 Parcel 25; Map 54 Parcel 1; Map 68 Parcel
778 10; Map 69 Parcel 1; as well as a certain parcel of land depicted as a former railroad right of way and
779 described as Parcel 3 in a deed recorded with the Essex North District Registry of Deeds in Book 10601,
780 Page 340, as more particularly shown as the shaded area depicted on the map entitled "Proposed DOT—
781 Sub-district A: Historic Mill Area", dated March 22, 2015, which map is on file with the Town Clerk,
782
783 or to take any other action relative thereto.
784
785 Planning Board
786
787 Board of Selectmen Recommendation:
Page 19 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
*&ORTF/
John Simons, Chairman =°$<�``° d~°o David Eellogg
Lynne Rudnicki
ft -A" Lora McSherry
Michael Colantoni * * Peter Boynton
�9SSACHU
Tuesday April 7,2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
788 Planning Board Recommendation: _
789 MOTION: A motion was made by L Rudnicki to°recommend 1{avorable Action on Article Ab., `The
790 motion was seconded'by D. Kellogg. The vote was.unanimous , 5-0:
791
792 EXPLANATION: This Article proposes,to amend,the Zoning Map by creating a new Subdistrict
793 793 A Historic Mill Area Hof the Dow.,ntown.Overlay District .to coincide with' amendments to ;the
k with'- .
794 WZoning By" lawA°teat as.presented,m,Article 9 The"parcels included within'the.'new Sub-district A.
795 sinclude tho�e.p"arcels of'land formerly owned by the D EXPLANATION: This Article pro"poses to
796 amend the,�Zoning Map 'by creating a new Sub-district A: Historic Mill Area of the,Downtown
797 `.Overlay Distri'ct�to coincide with amendments to,the,Zoning Bylaw text as,presented in°Article 9:
798 'The.parcels included within the..new Sub=district A°include those parcels of"I" nd`formerly owned
799 1b the Davis &,=Furber`1Xlachne Company: (See'1Vl4p.f0 llowing)w
800
801
Page 20 of 26 Ap ril 7 2015
Town of North Andover
PLANNING BOARD
NORT#1
John Simons, Chairman 3?°mss r`a-° ;bt6~OL David Kellogg
Lynne Rndnicki F Lora McSherry
Michael Colantoni * * Peter Boynton
�9 �gATlD�S�
SSHCHUSE
Tuesday April 7, 20-15 @ 7p.m. Town Hall, 120 Main Street,North Andover,MA 01845
Nod Andover mimAp }Proposed®T®-Subdistrict A: Historic Mill Area March 22.2015
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802 \ ._.. 1 f Article
803 11: Amend Zoning Map—Downtown Overlay District (Corrections). To see if the Town will vote
804 to amend the Zoning Map for the Town of North Andover to rezone certain parcels of land to properly
805 describe the Downtown Overlay District originally included within the Downtown Overlay District by
806 Article 41 of the 2009 Annual Town Meeting, identified on the 20 Town of North Andover Assessor's
807 Maps as: Map 18, Parcel 39; Map 18 Parcel 40; Map 18 Parcel 43; Map 18, Parcel 63; Map 29 Parcel 56;
808 Map 29 Parcel 47; Map 18 Parcel 74; Map 18 Parcel 44; Map 18 Parcel 70; Map 41 Parcel 34; Map 41
809 Parcel 05; Map 41 Parcel 06; Map 41 Parcel 07; Map 30 Parcel 09; Map 30 Parcel 10; Map 30 Parcel 34;
810 and Map 30 Parcel 12, as more particularly shown as a portion of the shaded area depicted on the map
811 entitled"DOT Map Corrections", dated March 27, 2015, which map is on file with the Town Clerk,
812 or to take any other action relative thereto.
Page 21 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTij q
John Simons, Chairman °mot?``.° °+600 David Kellogg
Lynne Rudnicki F z - p Lora McSherry
Michael Colantoni * * Peter Boynton
6q�TE0 r�
�SSACHUS�S
Tuesday April 7, 2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
813
814 Planning Board
815
816 Board of Selectmen Recommendation:
817 Planning Board Recommendation:
818 MOTION A``motion was made by D-. Xeilogg to',recommend Favorable Action•°on Article 11 The
819 iriotion was seconded by L. Rudnicki. The vote was unanimous, 5-Z&
820 .
821 'EXPLANATION: This Article amends the Zoning Map to re-insert parcels which were originally
822 included within the Downtown Overlay District adopted pursuant to Article 41:of.the.2009 Annual'
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823 'T own. Meetin° but which were inadvertently deleted when the;Zoning Map was re=codifi'ed by
824 [!7p tion o` yArtcle 34kof the°20.13"AnnuaY°Town Meeting. '(See following`Map)
825
826
827
Page 22 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTy H
John Simons, Chairman S. 4�+�",° ' �OL David Kellogg
Lynne Rudnicki - = Lora McSherry
Michael Colantoni Peter Boynton
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Tuesday Aril 7,2015 7 .m. Town Hall, 120 Main Street,North Andover,MA 01845
North Andover MIMAP ®TO Map Corrections March 27,2095
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828
829
830
831 Article 12: Amend ZoninL Map —Machine Shop Village Neighborhood Conservation District. To
832 see if the Town will vote to amend the Zoning Map for the Town of North Andover to rezone certain
833 parcels of land to properly describe the Machine Shop Village Neighborhood Conservation District
834 originally included within the historic district by Article 34 of the 2008 Annual Town Meeting, shown as
835 a portion of the shaded area depicted on the map entitled "Machine Shop Village Neighborhood
836 Conservation District", which is on file with the Town Clerk,
837
838 or to take any other action relative thereto.
Page 23 of 26 April 7, 2015
I
Town of North Andover
PLANNING BOARD
tjORTF/
John Simons, Chairman ego°L David Kellogg
Lynne Rudnicki o p Lora McSherry
Michael Colantoni * Peter Boynton
��SSACFIUS�t�
Tuesday April 7, 2015@ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
839
840 Planning Board
841
842 Board of Selectmen Recommendation:
843 Planning Board Recommendation:
844 ,1VIOTION A motion; was made by D- Xe logg to recommend ;Favorable Action�on;Article 12. 'The
845 motion, seconded by L. Rudm&i The vIote was unanimous, 5-0
846
847 EXPLANATION: This Article,amends,the Zoning Map to re:in_ser"t parcels which were,originally
848 included i4thin'the Machine Shop Village Neighborhood Conservation District adopted pursuant
849 to Article 34:-of the 2008 'Annual Town Meeting but which,were"' advertently deleted,when the
850 Zoning 1VI4p,,was re=codified by adoption of Article 34 of the.2013:Annual. Town.Meeting. . (S.ee.
851 Map following;)
852 .
853
854
855
856 Machine Shop Village Neighborhood Conservation District Map
857
I
Page 24 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
OORT#i
John Simons, Chairman 320 . 6�oL David Kellogg
Lynne Rudnicki F % Lora McSherry
Michael Colantoni it Peter Boynton
Dg1T.D♦�
4SS�ICHUSEt
Triesday April 7,2015 7 .m. Town Hall, 120 Main Street,North Andover,MA 01845
_Vaehiae Shop Wage Xeighhorhood
Consematioa Distdallap
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858
859
860 DISCUSSIONS: Weir Hill
861 J. Enright: Russ Hopping,Ecology Director for the Trustees of Reservations is here tonight to discuss the ongoing
862 Weir Hill habitat restoration program. Our last burn project was in 2006. This current project involves 10 acres of
863 land,some of which is within 100 ft. of Lake Cochichewick.
8.64 R.Hopping: This is our second round of habitat restoration. We have not had any prescribed fire in this area at all.
865 This is within some of the watershed zones. We are restoring the habitat for species that are dependent on fire. It
866 comprises approximately ten acres, consumes small diameter debris in the understory, leaving the canopy intact.
867 By eliminating debris in the understory and exposes the soil for plants.Those plants in turn become hosts for the
868 rare species that are there. They've evolved with fire as part of their ecology. We have an approved burn plan.
869 The DEP issues an air quality permit and the Fire Department is aware of the project. We burn under specific
870 conditions and smoke management is our biggest concern. It's controlled, safe and achieves our habitat goals.It is
871 a one day burn.
872 L.Rudnicki: Recommended a reverse 911 call be scheduled to notify residents of the project.
873 R.Hopping: Agreed and will coordinate.
874 MOTION: D.Kellogg made a motion that the controlled burn will not require a Watershed Special Permit. L.
875 McSherry seconded the motion. Unanimous in favor 5-0.
Page 25 of 26 April 7, 2015
Town of North Andover
PLANNING BOARD
NORTy q
John Simons, Chairman =°�� ".° .°.6�0 David Kellogg
Lynne Rudnicki F Lora McSherry
Michael Colantoni Peter Boynton
gc"us t
Tit esday April 7, 2015 @ 7 p.m. Town Hall, 120 Main Street,North Andover,MA 01845
876
877 MINUTES APPROVAL
878 MOTION: L.Rudnicki motioned to accept the 3.17.15 meeting minutes. L.McSherry seconded the motion.
879 Unanimous in favor 5-0.
880
881 ADJOURNMENT
882 MOTION: D. Kellogg motioned to adjourn the meeting. Motion was seconded by L. McSherry. The vote was 5-0,
883 unanimous in favor.Meeting adjourned @ 8:10 p.m.
884
885 MEETING MATERIALS:
886 Meeting Agenda 4.7.2015; 16 Berry Street ANR: 16 Berry ANR Application, 16 Berry(ANR plan revised),GPR
887 Letter Clarification of ANR Plan for Berry Farms Project(4/7/15); 94 Flagship Drive: 94 Flagship Application
888 Narrative 2014, 94 Flagship Application Site Plan Review, 94 Flagship Drive Catch Basin,94 Flagship Parking
889 Plan_2015-04-01, 94 Flagship Photometric Plan 2015-03-31, 94 Flagship Site Plan signed and Sealed_2015-02-
890 04, 94 Flagship—Existing Site Plan Ll_1981-07-01, 94 Flagship_Existing Site Plan_1995_07-21, 150407 SPR
891 Flagship Drive Decision, 94 Flagship Locus; 1600 Osgood Street: 1600 Osgood 150324 G.Brown determination
892 letter, 1600 Osgood Narrative, 1600 Osgood OSGOD Application, 1600 Osgood Plan Approval Plan Set, Osgood
893 Solar, LLC Request for Withdrawal Without Prejudice;Annual Town Meeting: ATM 150407 Planning Board
894 Report,DTO Original Map,MIMAP Subdistrict A locus,MSV Original Neighborhood Cons Dist Map; Weir Hill
895 2015 Proposed Burn Units,Weir Hill Narrative description prescribed fire at the Trustees of Reservations 2015,
896 Weir Hill NE I Prescribed Bum—Fact—Sheet;DRAFT Meeting Minutes 3.17.15
Page 26 of 26 April 7, 2015