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HomeMy WebLinkAbout2016-04-05 Planning Board Minutes Town of North Andover PLANNING BOARD John Simons, Chairman David ILellogg Lynne Rudnicki Lora McSherry Peter Boynton Regina bean (Associ(tte) Tuesday April S, 2016 @( 7 p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 1 Present: J. Simons,L. Rudnicki,L. McSherry,D. I4:ellogg, P. Boynton 2 Absent: R.Kean 3 Staff Present: J. Enright,B. Wolstromer, R. Oldham 4 5 J. Simons, Chairman: The Planning Board meeting for Tuesday,April 5,2016 was called to order at 7 p.m. 6 7 BOND RELEASE: 8 100 Dale Street Jeff Horne: Request for release of an $8,000 performance bond associated with a.Watershed 9 Special Permit. 10 J. Enright: The Watershed Special Permit was issued June 18, 2013. The applicant submitted an as-built plan, an 11 engineer certification and a copy of the deed restriction limiting the use of fertilizers. All requirements of the bond 12 release have been met. 13 MOTION: L.Rudnicki made a motion to release the Watershed Special Permit bond of$8K plus accrued interest 14 at 1.00 Dale St. for lots 1 &2. D.Kellogg seconded the motion. The vote was 5-0,unanimous in favor. 15 16 PUBLIC HEARINGS: 17 CONTINUED: 1665 Great Pond Road,Technical Training Foundation Trust: Applicant seeks a Watershed 18 Special Permit to demolish existing single family dwelling and construction of a new single family dwelling with 19 improvements to existing driveway and connection to existing utility services. 20 J. Enright: In response to the comments made at the last public hearing,the applicant has added a downspout to the 21 front of the roof that will direct roof runoff to the infiltration trench.Additionally,the Board requested the trench 22 design be increased to handle 1"runoff volume as opposed to the proposed 1/2"inch. The applicant has since 23 increased the size of the trench to handle the 1"volume. The Applicant has had further conversations with Gene 24 Willis,the Town Engineer, and the Applicant has agreed to pull a driveway permit post construction and prior to 25 any disturbance on site. This has satisfied DPW's concerns with the driveway. The upper portion of the driveway 26 will be overlaid and the slope directed to the pervious yard area. The lower portion of the driveway will be left 27 untouched. 28 P. Boynton: J. Hughes' letter mentions the delineation approximation does not accurately reflect the correct 29 delineation from Rea's Pond. I'm concerned that the applicant is taking extensive measures to avoid Conservation. 30 This is one of the closest properties to the lake. 31 J. Enright: J.Hughes didn't provide any comment after reviewing Norse Environmental's certification of the 32 delineation from Rea's Pond. 33 J. Simons: Does the Applicant recognize they will have to come before Conservation and the Planning Board in 34 the future if they choose to do any work to the driveway? 35 Dennis Griecci, Engineer,Andover Consultants: We've worked with J. Hughes,responded to several of her 36 comments and the project was fully reviewed by L.Eggleston and Norse Environmental. The project has been 37 scrutinized and reviewed as if we had filed with Conservation. 38 J.Enright: If reconstructed,the lower portion would be required to slope toward the pervious area,to prohibit 39 sheet flow onto a public roadway. We can add this condition to the Decision. 40 P. Boynton: It is striking that the strategy is to avoid Conservation where it's so close to our drinking water 41 resource which our town values so highly in terms of public health. 42 L.Rudnicki: The length of the driveway dictates that you'll have to put a shoulder on it and widening it puts you 43 in the Conservation zone. 44 D. Griecci: If required, the owner is comfortable with putting a sprinkler system in the house. 1 Town of North Andover PLANNING BOARD John Simons, Chairman F David l(ellogg Lynne Rudnichi °i � '� Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday Al-mil 5, 2016 & 7 p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 45 Board: General discussion and agreement that further conditions should be implemented.in terms of inspection and 46 review of the driveway for deterioration during construction. Additionally, agreement was made that there should 47 be a condition for the NAFD to approve the final plan in terms of fire code. P. Boynton was appointed to review 48 and approve the final drafted Decision. 49 MOTION: D. Kellogg made a motion to close the public hearing for 1665 Great Pond Road Watershed Special 50 Permit. L.McSherry seconded the motion. The vote was 5-0,unanimous in favor. 51 MOTION: D.Kellogg made a motion to approve the Decision, as amended,for a Watershed Special Permit for 52 1665 Great Pond Road.L. Rudnicki seconded the motion. The vote was 5-0, unanimous in favor. 53 54 CONTINUED: 2302 Turnpike Street-Earthworks,Inc., Danny Gill: Applicant seeks a Site Plan Review Special 55 Permit in order to develop the property as a mixed-use retail and business office commercial complex with 56 accessory indoor storage and parking. 57 J. Enright: Since the last public hearing,revisions have been made to the site plan and architectural design. In. 58 terms of Department reviews the Applicant has satisfied all comments and concerns: G. Willis asked that the 59 driveway be moved approx. 70ft. from Turnpike Street. T. Willett is satisfied with the plan revisions related to 60 connection of water and sewer lines from Turnpike St. L. Eggleston's stormwater concerns have been addressed. 61 Jill.Mann,Attorney on behalf of Earthworks, Inc.: Presented proposed new architectural design,renderings, 62 details,finishes and signage. We are in the process of receiving our Order of Condition from the Conservation 63 Commission. We modified out-long term pollution plan to be site specific. All of the storage is accessory to the 64 principal uses of the property per your use regulations.The Board approved of the new architectural design and 65 expect to close the public hearing at the April 19, 2016 meeting. 66 67 NEW PUBLIC HEARING: 68 Annual Town Meeting Zoning Articles: Warrant Articles 9, 10 & 11 69 70 Article 9: Amend Zoning Bylaw— Section 8: Supplementary Regulations. To see if the Town will 71 vote to amend the Town of North Andover Zoning Bylaw, Section 8 — Supplementary Regulations, by 72 making the following amendments to Subsection 8.3 (by identifying text which is deleted as 73 strikethrough and text added as underlined), as follows: 74 75 8.3 Site Plan Review 76 77 5. Information Required 78 a) Special Permit Application.Form, along with any fees as may be set by the Town Bylaw; 79 b) Drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a scale as 80 approved in advance by the Town Planner. Revised plans shall contain a notation listing and 81 describing all revisions additions and deletions made to the originally submitted plans and 82 the date of each. 83 c) All site plans shall be prepared by a certified architect, landscape architect, and/or a civil 84 engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be 85 prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. 86 All building elevations shall be prepared by a certified architect registered in the 2 Toivn of'Norlh Andover PLANNING BOARD John Simons, Chairman David Kellogg Lynne Rudnicki Lora McSlieriy Peter Boynton 4D Regina bean (Associate) Tuesday April 5, 2016 Go) 7p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 87 Commonwealth of Massachusetts. All storrnwater management plans and drainage 88 calculations must be submitted with the stamp and signature of a Professional Engineer 89 (PE) licensed to conduct such work in the Commonwealth of Massachusetts. 90 d) The times for submission of the site plans for review by the Planning Board are specified in 91 Section 10.3 of the Zoning Bylaws (Special Permit Regulations) 92 e) The following information must be submitted along with the application: 93 i. NORTH ARROW/LOCATION MAP: A north arrow and a location map showing 94 surrounding roadways and land uses adjacent to the site (I"=1500'). Location Map should 95 show at least one intersection of two existing Town roadways. 96 ii. SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of the 97 Essex County Registry of Deeds Office. The survey shall be dated and include any 98 revision made to the survey or site plan. Any change in the survey shall be recorded 99 before site plan approval may be granted. 100 iii. NAME/DESCRIPTION OF PROJECT: The name of the development and the names, 101 addresses and telephone numbers of the project listing tenants, land uses, development 102 phases, or other pertinent information necessary to evaluate the proposed development 103 plan. 104 iv. EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal 105 encumbrances(s) that are related to the sites physical development, and a listing of any 106 condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation 107 Commission, or any public body or agency, with the authority to place conditions on the 108 sites development. 109 v. TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (T) Ito contour intervals. The eentaufs 9hall extend at least fifty (50') feet beyond the site III boundaries by estimation of the professional submitting the plan. Existing topograph 112 fiftyy, feet(50') beyond the perimeter of the parcel as it appears on the most current Town 113 of North Andover topographic mapping shall also be shown. 114 vi. ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided 115 regarding the site's development. This information shall be placed in a table and list all 116 parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total 117 amount of square feet, size of signs and any other applicable zoning information 118 necessary for the proper review of the site plan by the Town Planner and Planning Board. 119 vii. DRAINAGE AREA MAP: A drainage area map showing pre and post construction 120 watersheds, subwatersheds and stormwater flow paths, including municipal drainage 121 system flows; 122 viii. STORMWATER MANAGEMENT PLAN: All applications for Site Plan Review shall 123 include the submittal of a Storn-iwater Management Plan prepared in accordance with the 124 latest version of the Massachusetts Storrriwater Handbook and additional criteria 125 established herein and demonstrating full compliance with the Massachusetts 126 Stormwatej- Standards and the North Andover Storniwater Management and Erosion 3 Town of North Andover PLANNING BOARD John Simons, Chairman David Kellogg Lynne Rudnicki �M Lora McShera;y Peter Boynton Regina bean (Associate) Tuesday April 5, 2016 @� 7 p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 127 Control Regulations promulgated under Chapter 160 of the Town Bylaws Stormwater 128 Management and Erosion Control Bylaw); ^l t ' '' ^•�+"^' ryil=hies 129 utilized by the site shall be shown on the site plan. Stori:n water drainage In ,l_atio 130 whieh support be submitted to the 131 T'Ic.y-artme t on„1�blie I +ll's review and approval. /`'alett .motions shall show 132 mitigation-of run off zero of '' '0 and 100 year t ernes event. 133 ix. BUILDING LOCATION: Identification of all existing and proposed structure(s) located 134 on the site. The number of stories, overall height in feet and gross floor area in square feet 135 of all structure shall be indicated. 136 x. BUILDING ELEVATION: A drawing of the exterior of the building, as viewed from the 137 front (street view)must be submitted. The Planning Board may request side and rear 138 views if relevant to the Board's review. This drawing must be at least 8" x 11" in size. 139 xi. LOCATION OF PARKING/WALKWAYS: Identification of the location of all existing 140 and proposed parking and walkways areas, including curb cuts that will be used to access 141 the site from adjacent roadways, or access points. 142 xii. LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in 143 M.G.L. Chapter 131, Section 40 and/or the Town of North Andover Wetland Protection 144 Bylaw Ch. 178), shall be shown on the site plan. If applicable, the applicant shall file a 145 Notice of Intent with NACC concurrently with the application to the Planning Board for 146 Site Plan Review, 147 xiii. LOCATION OF WALLS/SIGNS: Identification of the location, height and materials to 148 be used for all retaining walls and signs located on the site. Signs will be reviewed using 149 the guidelines set forth in Section 6.7 (H) of the Zoning Bylaw. 150 xiv, LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and 151 driveways including the type of curb and gutter to be used, and their dimensions. 152 Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any 153 streets which is adjacent to the site. 154 xv. OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and type of 155 outdoor storage and display areas on the site. 156 xvi. LANDSCAPING PLAN: The general outline of existing_vegetation, wooded areas, 157 significant trees unique species and tree clusters and the extent of all vegetation wooded 158 areas significant mature trees (> 12 inches DBH), unique species and/or tree clusters to 159 be removed and identification of the location and landscape schedule of all perimeter and 160 interior landscaping, including but not limited to proposed paving materials for walkways, 161 fences, stonewalls and all planting materials to be placed on the site. in addition, 162 existing trees r 12 inehes D1314 to be .l or ,l h l be e.l-+o..In on the sit 163 plan.Any landscaping required by the Town Bylaws shall be indicated on the site plan in 164 tabular form showing the amount required and the amount provided. 165 xvii. REFUSE AREAS: Identification of the location of each outdoor refuse storage area, 166 including the method of storage and screening. All refuse areas must be fully enclosed. 4 T oivrr of North Andover PLANNING BOARD John Sinrons, Chairman ) David Kellogg Lynne RiNnicki °%t �r'r' Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday April 5, 2016* 7 p.m. 566 Main Street-School Adnrinistrrrtiorr Building,North Andover;MA 01845 167 xviii. LIGHTING FACILITIES: Identification of the proposed illumination, indicating the 168 direction and the degree of illumination offered by the proposed lighting facilities, 169 including an example of the light fixture to be used. 170 . 171 study is the proposed 172 potential down stream impaet on the existing dfainage sys 173 xx. TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the 174 expected traffic impacts to occur based upon the proposed project. Projects which access 175 state highways, a traffic impact study shall be filed with MEPA concurrently with the 176 Planning Board review. A copy of the MEPA study shall be filed with the application to 177 the Planning Board. 178 xxi. COMMONWEALTH REVIEW: Any information required and submitted to any agency 179 of the Commonwealth, shall be filed with the Planning Board upon the initial submission 180 of the project for Board review. 181 xxii. UTILITIES: All utilities, including water line locations, sewer line locations and profiles, 182 1 and storm drainage systems; 183 xxiii. FISCAL IMPACT: Projections of costs rising from increased demand for public services 184 and infrastructure; provisions of benefits from increased tax revenues, employment and 185 infrastructure improvements; and impacts on adjacent property values. 186 xxiv. COMMUNITY IMPACT: Analysis of the project's impact on the surrounding 187 neighborhood in terms of architectural consistency, pedestrian movement and overall 188 character; impacts on nearby historic structures or site; and an evaluation of the proposed 189 project's consistency and compatibility with existing local and regional plans. 190 f) If the site plan review application is for the construction of any new wireless service facility 191 on a previously permitted facility as set forth in Section 8.9(3)(a)9II) Wireless Service 192 Facilities Use Regulations, the information required by Section 8.9(5) must also be submitted. 193 The SPGA may grant a waiver from these submittal requirements if it finds that such 194 information is not needed for a thorough review of a proposed personal wireless service 195 facility (1998/38). 196 197 6. Review Criteria/Design Guidelines 198 a) The following criteria and design guidelines shall be used by the Planning Board in 199 evaluating the site plan review and all information submitted as part of the application. 200 i) General 201 a) Conformance with all appropriate provisions of the Zoning Bylaw. 202 b) Protection of abutting properties from detrimental site characteristics. 203 ii) Environmental 204 a) Protection of unique or important natural, historic or scenic features. 205 b) Adequacy of proposed methods of refuse disposal. 5 Town of North Andover PLANNING BOARD John Simons, Chairman David Kellogg Lynne Rudnicki "°!' ���° Lora McSheny Peter Boynton: Regina Dean (Associate) Tuesday April 5, 2016(( 7p.in. 566 Main Street-School Administration Building,North Andover,MA 01845 206 c) Ability of proposed sewage disposal and water supply systems within and adjacent to 207 the site to serve the proposed use. 208 d) Adequacy of the proposed drainage system to mitigate runoff increases and protect 209 water quality. within and adjacent to the site to handle the inereased runoff Fesultin 210 f,om the development 211 e) Provision of adequate landscaping, including the screening of adjacent residential 212 uses,provision of street trees, landscape islands in the parking lot and a landscape 213 buffer along the street frontage. 214 f) Adequacy of the soil erosion plan and any plan for protection of steep slopes, both 215 during and after construction. 216 g) Protection of adjacent properties by minimizing the intrusion of lighting, Including 21.7 parking lot and building exterior lighting. 218 h) The proposed development must not present a demonstrable adverse impact on the 219 surrounding area resulting from excessive noise, dust, smoke, or vibration which are 220 higher than levels now experienced from uses permitted in the surrounding area„ 221 iii) Design 222 a) Buildings shall be located with respect to setbacks placement of parking landscaping 223 and entrances and exits with surrounding buildings and development. 224 b) The buildings shall relate harmoniously to each other in architectural style,the 225 location and building exits and entrances, 226 c) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop 227 equipment, utility buildings and similar features. 228 d) Electric, telephone, cable t.v., and other such lines and equipment must be placed 229 underground. 230 e) Demonstrate that the scale,massing and detailing of buildings are compatible with 231 those prevalent in the surrounding area. 232 iv) Traffic/Parking 233 a) The location and number of curb cuts shall be minimized to reduce turning 234 movements, and hazardous exits and entrances. 235 b) Provision for access to adjoining properties shall be provided as appropriate. 236 c) Driveways shall be located opposite each other wherever possible. 237 d) Joint access driveways between adjoining properties shall be encouraged. 238 e) Internal circulation and egress shall provide for traffic safety, and access to and 239 from minor streets servicing one family dwellings shall be minimized. 240 v) Stormwater Management 241 a) At a minimum all projects subject to Site Plan Review shall comply with the criteria, 242 specifications, and performance standards of the most recent version of Massachusetts 243 Stormwater Management Standards and accompanying Stormwater Management 244 Handbook. The Lake Cochichewick Watershed Area shall be considered a Critical 245 Area in terms of applicability_of the standards. 6 Town of North Andover PLANNING BOARD John Simons, Chairman David Kellogg f/f Lynne Rnndnicici Lora McSlterny Peter Boynton Regina Kean (Associate) Tuesday April S,2016(jti 7p.m. 566 Main Street-School A(Inriiniistration Building,Nortlr Andover,MA 01845 246 b) Projects subject to the Bylaw shall also comply with the requirements and criteria 247 outlined in Sections 7.0 through 10.0 of the North Andover Stormwater Mana cement 248 and Erosion Control Regulations promulgated under Chapter 160 of the Town Bylaws 249 (Stormwater Management and Erosion Control Bylaw). 250 vi) Landscape Design 251 a) Landscape designs shall be developed based on soil, light and other site specific 252 conditions. Plant species shall be chosen for their ability to thrive in the post- 253 development soil, water and use conditions of the site without significant 254 supplemental water or fertilizer, once established. 255 b) Plant species shall be native to inland Essex County or shall be cultivars of these 256 native species. 257 Planning Board 258 259 Board of Selectmen Recommendation: 260 Planning Board Recommendation:Postponed until 4/19/16 Planning Board meeting 261 262 Vote Required: Two Thirds (2/3) Vote 263 264 EXPLANATION: This Article proposes to amend Section 8, Supplementary:Regulations, to allow 265 for some minor modifications to text and to make the information required and review criteria for 266 Stormwater Management consistent with the requirements for other local, state and federal 267 regulations. 268 269 Article 10: Amend Zoning Bylaw — Section 13: Continuing Care Retirement Center. To see if the 270 Town will vote to amend the Town of North Andover Zoning Bylaw, Section 13 — Continuing Care 271 Retirement Center (CCRC), by making the following amendments to Subsections 13.1, 13.2, and 13.5(b) 272 (by identifying text which is deleted as strikethrough and text added as underlined), as follows: 273 274 SECTION 13 CONTINUING CARE RETIREMENT CENTER 275 276 13.1 Establishment 277 There is established a Continuing Care Retirement Center(CCRC) as a permitted use under the 278 Special Permit provision of this Bylaw. Such permitted use may only be authorized in existing 279 Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may include an 280 adjoining parcel of land which is in the Residential-1 District,providing provided that no 281 development shall be permitted in the Residential-1 portion of a CCRC parcel in excess of ten 282 percent (10%) of the lot areas of the Residential-1 portion within such CCRC parcel. The 283 authorization will empower the Planning Board to review and approve a definitive plan under the 284 Special Permit provisions in Section 10.3 and as in otherwise provided for in this section. A CCRC 285 shall include a nursing home care facility and congregate housing units and may also include 7 Town of North Andover PLANNING BOARD John Simons, Chairman David I(ellogg Lynne Rudnicki ""i;%���" Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday April 5, 2016 g 7 p.m. 566 Main Street-School Adnrirristratiorr Building,North Andover,MA 01845 286 independent dwelling units and assisted living units. A CCRC may also only include any or all of the 287 foregoing housing types provided it is affiliated with a nursing home. 288 289 132 Purpose 290 The purpose of the CCRC is to provide for the development and use of specialized housing and 291 nursing care for the elderly on the basis of the Planning Board to issue a Special Permit in the 292 permitted District (2) Districts with greater flexibility from the pattern otherwise permitted in such 293 districts. It is intended to create health care, including home health care, housing and other supportive 294 services designed to meet the needs of the elderly population and to enable that population to live 295 independently. It is further intended to encourage the preservation of open spaces;to allow for new 296 nursing care facilities and housing that causes relatively little demand on Town services; and to 297 preserve the Town's residential character. In creating an alternative to existing nursing and housing 298 possibilities for the elderly, the CCRC is intended to allow for a greater mixture of buildings, 299 structures and uses with regard to density than is otherwise permitted thereby allowing for the 300 nursing care of the elderly and the relief of the physical, economic and emotional stress associated 301 with the maintenance and care of traditional nursing home and residential properties. 302 303 13.5 Standards and Restrictions 304 b. Permissible Density. Unless in compliance with the bonus density provisions of 305 subsection 6.,the dwelling unit density shall not exceed an average of four(4) units per acre 306 in a parcel which is located within the Residential-1 District or Residential-2 District and 307 five (5) units per acre in a parcel which is located within the Village Residential District 308 exclusive of the nursing care facility. When a parcel is located in a combined portion of 309 either the Residential-2 and Residential-1 Districts or the Village Residential and 310 Residential-1 Districts, a density factor of 2 units per acre shall be applicable to the portion 311 in the Residential-1 District. However, in no instance shall any development such as the 312 construction of buildings, roads and parking lots be permitted in excess of ten percent (10%) 313 of the lots area in that portion of the CCRC parcel located in the Residential-1 District, nor 314 shall any development in Residential-2 or Village Residential District adversely impact the 315 Residential-I District. For parcels which are located in a combined portion of the 316 Residential-I or Residential-2 Districts and the Village Residential District,the permissible 317 density for each District shall be applicable. Also, in no event shall the total number of 318 independent dwelling units exceed fifteen(15)percent of the total number of dwelling units 319 otherwise allowed in any CCRC parcel. Further, in no instance shall the Floor Area ration of 320 the entire project exceed 0.25, nor shall the total number of dwelling units exceed 2-50 300 321 for any parcel regardless of total acreage or density bonuses provided under paragraph 6. 322 323 Or to take any other action relative thereto. 324 Planning Board 325 Board of Selectmen Recommendation: 8 Town of North Andoraer PLANNING BOARD John Simons, Chairman tS David Ifellogg t, i� J1�r Lynne Rarrltric%i � Lora McSherry Peter Boynton Regina Dean (Associate) Tuesday April 5, 2016 G& 7 p.m. 566 Main Street-School Adrrrirristr,ation Building,North Andover,MA 01845 326 Planning Board Recommendation:L. Rudnicki made a motion for favorable action. P. Boynton 327 seconded the motion. The vote was 5-0, unanimous in favor. 328 329 J. Enright: This Article proposes to amend the CCRC bylaw Sec 13 by entertaining development within the RI 330 portion of the property (currently prohibited) and increase maximum density from 250 to 300 units. There is'a 20 331 acre privately owned parcel abutting the Edgewood development that they have recently purchased in order to 332 build "dementia-style" housing. The conceptual proposal identifies 15 acres of land which will not be further° 333 developed due to a proposed Conservation Restriction. They have agreed to provide trails access to the Town 334 through the parcel: 335 .T. Simons: From a°public`policy perspective, The Planning Board would like to ensure that all reference to all 336 access easements to the Town are identified and included in the Decision, in addition to the Conservation 337 Restriction 338 ,Bob Coppola, Edgewood Retirement Community: I have met with the Pre-School and they are happy with the 339 Conservation Restriction and the development. We are also working with the Trustees of the Reservation and 340 they have that currently under review. We expect to hear shortly. If they reject this for some reason,we intend to 341 address the easement rights and Conservation Restriction with the Town, 342 J, Simons: And there would be no problems with giving the Town easement rights over the existing CR part of 343 the property? 344 B. Coppolla: We already thought there was and if not, than we would certainly have no problems granting the 345 Town that right. Actually, the Trails Committee installed signage on the new Joyce's Trail just this last fall. 346 347 Vote Required: Two Thirds (2/3) Vote 348 349 350 EXPLANATION: This Article proposes to amend the Continuing Care Retirement Center by 351 allowing a limited scale development within the Residential-1 Zoning District and to increase the 352 maximum density allowed from 250 to 300 units. 353 354 Article 11: Amend North Andover Zoning Bylaw— Section 16: Corridor Development District. To 355 see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 16 — Corridor 356 Development District, by malting the following amendments to Subsection 16.4 in order to allow light 357 manufacturing as a permitted use within the Corridor Development District 3 (CDD3) and to 358 Subsectionl6.5 in order to allow contractor yards, landscaping, lumber or other building materials, 359 including outdoor sales and outdoor storage of material, equipment, and supplies within the CDD3 360 subject to a Special Permit (by identifying text which is deleted as strikethrough and text added as 361 underlined) as follows: 362 363 16.4 Corridor Development District 3 (CDD3) - Permitted Uses 364 In the Corridor Development District 3, no building or structure shall be reconstructed, erected, 365 altered or used for any other purpose than the following: 366 9 Town gfNorthAndover PLANNING BOARD John Simons, Chairman David Kellogg Lynne Rudnicki %iT�l�r Lora McSherry Peter Boynton Regina Kern (Associate) Tuesday April 5, 2016 g 7 p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 367 1. Retail uses provided there is no outdoor sales or storage of materials and products. However, 368 auto sales and repair are not allowed. 369 2. Restaurants excluding drive-through facilities. 370 3. Personal service establishments. 371 4. Indoor recreation, fitness, and health care facility. 372 5. Indoor place of amusement or assembly. 373 6. Outdoor place of amusement or assembly. 374 7. Public building or use and Public Service Corporation. 375 8. Professional offices including, but not limited to banks, real estate offices, insurance offices, 376 physician offices, dentists, attorneys, architects, engineers or accountants. One drive-through 377 facility shall be permitted every 500 linear feet of street or highway as measured along centerline. 378 9. Medical Center. 379 10. Research and Development Facility not to exceed 25,000 square feet. 380 11. Printing and Reproduction. 381 12. Warehousing and Wholesaling. 382 13. Motel and Hotel. 383 14. Art Gallery. 384 15. Cultural Center or Museum. 385 16. Place of worship. 386 17. Day Care Center. 387 18. Same-structure/On-site Mixed Use Developments: 388 a. Residential uses shall not be located on the first floor of a structure or building. 389 b. Apartments and condominiums shall be allowed where such use is not more than fifty percent 390 (50%) of the gross square feet for a two (2) story building and seventy-five percent (75%) of 391 the gross square feet for a three (3) story building. 392 19 Light manufacturing including manufacturing fabrication processing finishing, assembly, 393 packing or treatment of articles or merchandise provided such uses are conducted solely within a 394 building and further provided that such uses are not offensive, noxious detrimental, or dangerous 395 to surrounding areas or the town by reason of dust smoke fitmes odor, noise, vibration, light or 396 other adverse environmental effect. 397 398 16.5 Uses Subject to a Special Permit 399 400 4. Contractor's yard landscaping lumber or other building materials including outdoor sales and 401 outdoor storage of material equipment and supplies within the CDD3 District provided: 402 a. The products material or goods displayed stored or sold outdoors must not be visible 403 from any residential use 404 b. The goods materials and products permissible for outdoor storage display and sales 405 hereunder, shall explicitly exclude automobiles motorcycles or other wheeled vehicles 406 and include only goods materials and products which are customarily stored displayed 10 Town of'Norlh Andover PLANNING BOARD John Simons, Chairman David Kellogg Lynne Rudnicki °°'� ����� Lora McSheny Peter Boynton Regina Kean (Associate) Tuesday April 5, 2016 @ 7 p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 407 or sold outdoors without the necessity for cover from the weather. Fertilizers and other 408 toxic hazardous chemicals are also excluded herein. 409 C. The amount of area designated for outdoor storage shall be included in the dimensional 410 requirements for maximum lot coverage 411 d. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such 412 as masonry or solid wood fencing which, in the opinion of the Planning Board, will not 413 derogate from the surrounding area. Sufficient landscaping shall be provided around the 414 perimeter of the storage area at the discretion of the Planning Board. oard. 415 e. Only living plants can be higher than the surrounding vertical structural screening. 416 417 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk 418 be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of 419 the Town of North Andover. 420 421 Or to take any other action relative thereto. 422 423 Planning Board 424 Board of Selectmen Recommendation: 425 Planning Board Recommendation: Vote postponed until 4/19/16 Planning Board meeting 426 427 J. Enright: This was first brought to us by a proponent to acid landscaping back to the Corridor Development 428 District 3 (CDD3).The CDD3;adopted in 2008, was previously an Industrial zoned area allowing landscaping& 429 light manufacturing. When the CDD3 was added the landscaping and light manufacturing were eliminated. 430 Currently,there are approximately three operating landscape businesses in the district. Based upon the nature of 431 the existing local buildings in the CDD3,district and the recent inquiries we are receiving,we included slight 432 manufacturing" in the legal notice in the:event you opted to include the use within this article. 433 J. Simons: This is something for the Board to think about. 1'd like to]snow how many parcels there are in the 434 CDD3 district that are currently being used for that function and how many have existing buildings on them v. 435 those that don't: 436 Andrew McDevitt,266 Barker St.: The area defined as CDD 3 on the map;the Stanton Way neighborhood isn't 437 classified correctly:;I believe it should be classified as residential. I recommend that be corrected prior to Town 438 Meeting: 439 J. Enright: l will look into that: 440 J. Simons: The Board believes the contractor's yard makes sense and we are willing to entertain that, the other 441 piece regarding light manufacturing needs further discussion: 442 443 Vote Required Two Thirds (2/3) Vote 444 445 EXPLANATION: This Article_proposes to amend the Corridor Development District 3 (CDD3) to 446 allow light manufacturing as a permitted use and to allow contractor yards, landscaping, lumber 11 Toivn of Nortlr Andover PLANNING BOARD John Simons, Chairman , David Kellogg Lynne Rndnicki %°°�l`� Lora McSlierry Peter Boynton Regina bean (Associate) Tuesday April 5, 2016 @ 7 p.rn. 566 Main Street-School Administration Building,North Andover;MA 01845 447 or other building materials, including outdoor sales and outdoor storage of material, equipment, 448 and supplies subject to a Special Permit. Following is a map showing where the district is located, CD03 IS, N aW4 .`� T " r, l "w "a"' Ib r " f „yy�, ;4elnwirmm"�tu.tw.m IW xw xii�mi � wn+nw.,w 2wu� m g, � �C^.ev'A R .usu.¢tiW9'ean� �na� 5,tlu h AP4N' b .� M�' Ali' 9Rti w. CW♦^v.. �p 11'3 .« 'Y fl.w,. 2AnLY1�� �N x� w�a.wi+ m+xwwu+ AW '��� ,w1Y.�m�. ;+�.MMlfles+'v 112�w+ti Y�4',cd. `,,.p wdr pqr YN'msAw plpb' P3.'SRko�l 1iw"AIk.U11N:f➢.'#M;N➢Yd^' �M`,+yqX- o Ir R ruN'Oiu Cv . 1 449 450 12 Town of North Andover PLANNING BOARD John Simons, Chairmair jif �, David Kellogg Lynne Riidniclri °J %' Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday April 5, 2016 @ 7 p.m. 566 Main Street-School Admiiiistratioii Building,North Andover;MA 01845 451 DISCUSSION: 452 Article 4: Authorization to Accent Grants of Easements. To see if the Town will vote to authorize 453 the Board of Selectmen and the School Committee to accept grants of easements for access, water, 454 drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board 455 and Committee deem in the best interest of the Town, 456 457 or to tape any other action relative thereto. 458 Board of Selectmen 459 Board of Selectmen Recommendation: 460 Planning Board Recommendation: D. Kellogg made a motion that the Board recommends 461 favorable action on Article 13. L. McSherry seconded the motion. The vote was 5-0, unanimous in 462 favor. 463 464 Vote Required: Majority Vote 465 466 Article 5: Authorization to Grant Easements. To see if the Town will vote to authorize the Board of 467 Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and 468 utility purposes or any public purpose on terms and conditions the Board and Committee deem in the 469 best interest of the Town, 470 471 or to take any other action relative thereto. 472 Board of Selectmen 473 Board of Selectmen Recommendation: 474 Planning Board Recommendation: D. Kellogg made a motion that the Board recommends 475 favorable action on Article 13. L. McSherry seconded the motion. The vote was 5-0, unanimous in 476 favor. 477 478 Vote Required: Two-thirds (2/3) Vote 479 480 Article 12: Acceptance of a Public Way — Hitching Post Road. To see if the Town will vote to 481 accept and name Hitching Post Road as a public way as laid out by the Board of Selectmen and accept 482 deeds to the street and all related easements, as shown on plan entitled "Definitive Subdivision Plan 483 Hitching Post Road North Andover", owner Neil C. & Margaret M. Patnaude, 197 Appleton Street, 484 North Andover, Mass, applicant Charles McLaughlin, 1046 Great Pond Road, North Andover MA., 485 August 6, 1987, Scale 1" = 80', Andover Consultants Inc., 1 East River Place, Methuen, Mass., recorded 486 with North Essex Registry of Deeds as Plan No. 11013 487 488 or take any action relative thereto. 489 Planning Board 490 Board of Selectmen Recommendation: 13 Torun Uf'North Andover PLANNING BOARD John Simons, Chairman David I(ellogg Lynne Radnicki "`'d/%//� ii Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday April 5, 2016 Ca 7 p.m. 566 Main Street-School Administration Building,North Andover,MA 01845 491 Planning Board Recommendation:(DP. Kellogg recused himself) L. Rudnicki made a motion for 492 favorable action. L. McSherry seconded the motion. The note was 4-0, unanimous in favor. 493 494 Vote Required: Majority Vote 495 496 Article 13: Acceptance of a Public Way — Stanton Way. To see if the Town will vote to accept and 497 name Stanton Way as a public way, as laid out by the Board of Selectmen, and as shown on a plan 498 entitled "Street Layout Plan of Stanton Way located in North Andover, MA, prepared by Christiansen 499 and Sergi, Inc., 160 Summer Street, Haverhill, MA 01830, Scale 1"=50', December 1, 2015" and to 500 accept deeds to the street and all related easements, shown on plan entitled "Definitive Subdivision Plan, 501 Tax Map 61 Lots 1.6 & 34, & Tax Map 34 Lot 31, 1679 Osgood Street & Bradford Street, North 502 Andover, MA, Prepared for G.M.Z. Realty Trust, 1679 Osgood Street, No. Andover, MA 01845, Jones 503 & Beach Engineers, Inc. 85 Portsmouth Avenue, PO Box 219, Stratham, NH 03885", recorded with the 504 North Essex Registry of Deeds as Plan No. 16957 and on the above referenced Street Layout Plan. 505 506 Or take any action relative thereto. 507 Planning Board 508 Board of Selectmen Recommendation: 509 Planning Board Recommendation:D. Kellogg made a motion on behalf of the Board to 510 recommended favorable action on Article 13.L. McSherry seconded the motion. 511 512 Vote Required: Majority Vote 513 514 Article 24; Appropriation — Capital ILnprovement Plan for Fiscal Year 2017. To see if the Town 515 will vote to fund the Capital. Improvement Program as listed under the heading "Board of 516 Selectmen/Finance Committee/Town Manager Recommendations" and with the language included, 517 14 Town ofNorth Andover PLANNING BOARD John Simons, Chairman David I(ellogg Lynne Ri dnicld "% �" Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday April 5, 2016 7p.nr. 566 Main Street-School Administration Building,Nor71r Andover,MA 01845 FY17 CIP Recommendations Board of Selectmen Authorized to unner rungma Finance Committee Sources Borrow under Retained Earnings/ Town Manager (Grants.Chapter 911. Raise& Free Cash/CIP Excess bond Line# Project Description Recommendations CPA&Spec Rev1 Appropriated Stabilization Proceeds Chapter 44 1 Municipal IT(FY17-FY21) $ 50,000 $ - $ 50,000 2 Voting Equipment Replacement $ 62,800 $ (62,800) $ - 3 Building Maintenance(FY17-FY21) $ 225,000 $ 225,000 4 Sport Turf Field Surface Replacement $ 100,000 $ (100,000) $ - 5 School IT(FY17-FY21) $ 100,000 $ 100,000 6 Roadway(FY17-FY21) $ 1,230,000 $ (820,000) $ 410,000 7 Sidewalks(FY17-FY121) $ 75,000 $ 75,000 8 Equipment Sweeper $ 185,000 $ 185,000 9 Water&High St Intersection&Streetscape $ 325,000 $ 325,000 10 6 Wheel Dump Truck $ 180,000 $ 180,000 11 Replacement Mini Bus $ 52,000 $ (52,000) $ - 12 Facilities Master Plan $ 4,620,885 $4,620,885 13 Playground Improvements(townwide) $ 50,000 $ 50,000 14 Intergrated Public Safety Reporting System $ 208,875 $ 208,875 15 Replace Ambulance $ 268,197 $ 268,197 General Fund Total $ 7,732,757 $ (620,000) $ $ (214,800) $ $6,697,957 16 Ozone System $ 200,000 $ $ $ (200,000) $ $ 17 Chemical Storage Tank&Feed System Improv. $ 175,000 $ (175,000) $ 18 Value&Hydrant Repalcement $ 100,000 $ (100,000) $ Water Enterprise Fund Total $ 475,000 $ $ $ (475,000) $ $ 19 Improvements to various Pump Stations $ 150,000 $ $ $ (150,000) $ $ Sewer Enterprise Fund Total $ 150,000 $ $ $ (150,000) $ $ 20 Main House Improvements $ 110,000 $ (110,000) $ 21 Streetscape Improvements $ 15,000 $ (15,000) $ Stevens Estate Fund Total $ 125,000 $ $ $ (125,000) $ $ Total All Funds $ 8,482,757 $ (620,000) $ $ (964,600) $ $6,697,957 that to meet this appropriation: (1)The Treasurer with the approval of the Board of Selectmen is authorized to borrow$6,697,957 under chapter 44 of the Massachusettes General La%v or any other enabling authority; (2)The appropriations f'or items 2 and I 1 above shall be funded with Free Cash in the amout of$114,800 (3)The appropriation for item 4 above shall be funded with a transfer from Capital Stabilization Fund in the amount of$100,000 (4)The appropriations for items 16, 17,18&19 above shall be funded with Water Enterprise fund retained earnings in the amount of$625,000 (5)The appropriation for item 20&21 above shall be ftinded with Stevens Estate Enterprise fiend retained earnings 518 in the amount of$125,000 1.5 Town of North Andover PLANNING BOARD John Simons, Chairrnan David Kellogg Lynne Rudrricki °�D ���11 Lora McSherry Peter Boynton Regina Kean (Associate) Tuesday April 5, 2016(a> 7 p.nu, 566 Main Street-School Adnririistration Building,North Andover,MA 01845 519 or to take any other action relative thereto. 520 Town Manager 521 522 Board of Selectmen Recommendation: Favorable Action 523 Finance Committee Recommendation; 524 Planning Board Recommendation: Vote postponed until 4/19/16 Planning Board meeting 525 526 Vote Required. Two-thirds (2/3) Vote 527 528 EXPLANATION: A Capital Improvement Plan (CIP) consists of projects that are major, non 529 routine expenditures for new construction, major equipment purchase, or improvement to existing 530 buildings, facilities, land or infrastructure with an estimated useful life of five years or more, and a 531 cost of$25,000 or more. Items in this plan are funded by debt; the Town will issue bonds of 10, 15 532 or 20 years (depending upon the project) and pay principal and interest payments over that term. 533 The bonds may be general obligation (funded by the general tax levy) or special obligation (funded 534 by water or sewer rates). 535 536 Article 28: Report of the Community Preservation Committee —Appropriation from Community 537 Preservation Committee Fund. To receive the report of the Community Preservation Committee and 538 to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community 539 Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a 540 sum of money to be spent under the direction of the Community Preservation Committee, 541. 542 or to take any other action relative thereto. 543 544 List of Approved Projects—Community Preservation Fund 545 546 Description Amount Categary 547 45 Milk Street Preservation $ 1,200,000 Open Space 548 Affordable Housing Trust $ 100,000 Affordable Housing 549 Bingham Way Senior/Disabled Housing $ 480,213 Affordable Housing 550 Leonard Farm Conservation Restriction $ 325,000 Open Space 551 Library Roof Repair $ 400,000 Historical Preservation 552 Parson Barnard Barn Structural Renovation $ 148,000 Historical Preservation 553 Playground Renovation-Kittredge School $ 100,000 Recreation 554 Ridgewood Cemetery Landscape $ 550,000 Historical.Preservation 555 556 Administrative Costs $ 30,000 Administrative and 557 Operating expenses 16 Ton,n of North Andover PLANNING BOARD John Simons, Chairman f U, David Kellogg Lynne Rndnicki ��"'� r� Lorry McSherry Peter Boynton Regina Ifean (Associate) Tuesday April 5, 2016 & 7p.in. 566 Main Street-School Administration Building,North Andover,MA 01845 558 Total for Requested Projects $ 3,333,21.3 559 Community Preservation Committee 560 561 hoard of Selectmen. Recommendation: To be made at Town Meeting 562 Finance Committee Recommendation: 563 Planning Board Recommendation: Vote postponed until 4/19/16 Planning Board meeting 564 Vote Required: Two-thirds (2/3) Vote 565 566 567 568 EXPIL.ANATI(JN: The Community Preservation Act (CPA) addresses community issues such as 569 acquisition and preservation of open space, creation and support of affordable housing, acquisition 570 and preservation of historic buildings and landscapes, and creation and support of recreational 571 opportunities. The CPA, adopted at a Special Town Meeting in January 2001, and by the voters at 572 the Town Election in March 2001, levies a 30 surcharge on property taxes with two exemptions: 573 $100,000 of the value of every residential property-is exempted, and a complete exemption on 574 property owned and occupied by people who qualify for low-income housing or low- or moderate- 575 income senior housing. 576 577 578 The Community Preservation Committee (CPC) annually recommends how funds should be spent 579 or set aside for future spending among the allowable categories of a) open space; b) historic 580 preservation; c) affordable housing; and d) land for recreational use,with a minimum of 100/0 581 required in each of the first three categories. In addition, a maximum of 5% may be spent on 582 administrative expenses by the CPC. Town Meeting may either approve or reduce the 583 recommended expenditures, but cannot add to them. North Andover received matching funds 584 equal to $485,256 or 32.95% in FY16 from the Commonwealth. 585 586 DISCUSSION: 587 Town Meeting Warrant Article 16 to amend Section 4.127 (Business 2 Zoning District), Subsection 15 to 588 read as follows: 589 590 "15. Multi-family dwelling and town houses(with Special Permit by the Planning Board)" 591 592 And to Amend Section 7.4 (Building Heights), by inserting after subparagraph 5, a new sub-paragraph 6 to read 593 as follows: " A waiver of the maximum height provided under Table 2 when granted by the Planning Board, as 594 Special Permit Granting Authority, after the Planning Board has made a determination, based upon consideration 595 of site design, the neighborhood context, topography and/or other circumstances that such waiver shall not be 596 substantially more detrimental to the neighborhood than existing conditions. 597 17 Torvrr of North Andover- PLANNING BOARD John Simons, Chairman David I(ellogg Lynne Rrdnicli ! Lora McSherr J, Peter Bojudon Regina berm (Associate) TzrestlaJr April S, 2016(7 7 p.m. 566 Main Street-School Adnrr"Ir%stration Building,Nodh Andover,,MA 01845 598 J. Enright: This Citizen Petition proposes a zoning change to bylaw Sec. 4127 the B2 Zoning District. Currently, 599 multi-family dwellings and townhouses are an allowed use by Special Permit by the Zoning Board of Appeals 600 and the proposal is to modify this to be and allowed use with a "Special Permit by the Planning Board". In 601 addition,there is a proposal within "Sec. 7.4 - Building Heights". The petition proposal suggests the addition of 602 subparagraph 6 allowing a waiver of the maximum height provided under (Table 2- Dimensional Req. Table) 603 granted by the Planning Board as the Special Permit granting authority, after the Planning Board has made a 604 determination, based upon consideration of the site design, the neighborhood context, topography and/or other 605 circumstances that such waiver shall not be substantially more detrimental to the neighborhood than existing 606 conditions. 607 J. Simons: What is the allowed density for multi-family in this district? This proposal changes the Special Permit 608 Granting Authority from the ZBA to the Planning Board and changes the allowed building heights. 609 J.Enright: There isn't a density requirement within the B2, but there is a floor ratio of.75: 1. 610 John Smolak Petitioner: A purchase agreement for 121.0 Osgood Street was made two weeks ago. In the interest 611 of time, we are proposing a rezoning request for an allowed use for consolidating permitting by combining a 612 multi-family/town homes (132 allowed use) Special Permit with Site Plan Review to result in a mixed-use 613 development. Based on the unique characteristics of the site and in the context of this proposal, we are seeking a 614 height waiver (currently 35ft) based on the topographic characteristics of the site. In 2001, this site was 615 previously approved for redevelopment as Endicott Village a commercial,mixed-use redevelopment property, i.e. 616 160K sq.ft. mixed-use retail and office use, and a 102 room; 60 ft. hotel. Due to Lucent's departure, that project 617 disintegrated and the property has sat vacant for 1.5 years. Our goal is to include a retail/commercial component, 618 combining it with multi-family. The site, approx.13.7 acres, is between Hokkaido Restaurant and Forgetta's 619 Florist. Rea's Pond pump station serves this site and has recently been upgraded. All necessary utilities are 620 currently in place, 621 Chris Huntress Landscape Architect on behalf of the Petitioner: Presented schematics for a 14 acre site plan; 622 studies and perspectives of the proposed 4 acres or 30-40K sq.ft. of mixed-use retail "village" along Rte. 125 and 623 1.0 residential acres(160-190 units)four to five story one and two bedroom luxury condos to the rear of the site. 624 J.Smolak: Although two separate owners, if Town Meeting were to approve these zoning amendments, we would 625 file concurrent applications for both the commercial and residential permits so that we are reviewing it as one 626 complete design. Princeton Properties would be handling the residential component. Forgetta Development will 627 own the commercial component. 628 J. Simons: What market are you targeting? 629 Andrew Chapin, Princeton Properties: Our potential primary renters for this popular address are the newlyweds 630 and those looking to downsize and remain in the community. 631 D. Kellogg: Will there be a 40B requirement associated with the property? 632 A. Chapin: No, we are proposing strictly market rate in an allowed use. 633 L. Rudnicki.: Any concerns with regard to noise from the airport? 634 A. Chapin: No it's many football fields away. We'll have to design the windows to handle that. 635 Josh Stacey Abutter, 90 Old Farrn Road: It's early on in the process, but there's heavy traffic in that area exiting 636 from Barker and French Farm Road. 637 J. Smolak: As part of the permitting process we would be required to supply a traffic study. 638 C. Huntress: We are trying to do this with as few curb cuts as possible. It's 1,000 feet of frontage and we need to 639 minimize the curb cuts. 640 L. McSherry: What other properties would be affected by this building height amendment? 641 J. Enright: This is a change to the dimensional requirements and table;therefore,it would be town-wide. 18 Town of Nodh Andover PLANNING BOARD John Simons, Chairman "1 ��� David Kellogg Lynne Rudnicki Lora McSherq Peter Boynton Regina I(ean (Associate) Tuesday April 5, 2016 a7 7p.in. 566 Main Street-School Administration Building,North Andover,MA 01845 642 J. Simons: We have to address the other issue, maybe only adjust for the B2 zone, but you are correct it is a town 643 wide change as it is proposed. 644 Andrew McDevitt Abutter, 266 Barker Street: I live in the upper right hand corner of the lot. I knew this day 645 would come for development. Two hundred units exiting Barker St. plus 200 homes at 7:30 in the morning you'll 646 need a traffic light. I am reminding the Planning Board that the developer of Bradstreet are requesting a change to 647 plans because they cannot find anyone interested in retail space on Main Street and now we are looking at adding 648 more? Minus the newlyweds and seniors, one hundred forty two bedroom rentals will directly impact our schools. 649 As Vice Chair of the School Committee, our elementary classrooms are currently maximized at 25-27 students. 650 This project will impact our schools even more. Are you only approving 1-2 bedroom units? Can they change 651 course and build three bedrooms? 652 J. Simons: Tliey would have to come back to the Board. 653 A. McDevitt: The waiver process is now being placed with the Planning Board. Unilaterally, the rules do not 654 apply unless"you" grant permission? 655 J. Simons: Currently, the residential use is only allowed by a Special Permit, granted by the ZBA. That means the 656 use is not allowed "by-right" in that district unless you get the approval of the special permit granting authority 657 and that permit granting authority can use discretion. Secondly,the waiver exclusively deals with height. If there is 658 a height wavier then the Planning Board can have complete discretion in every district to waive the height 659 requirement.It's very open ended and I'm not sure we are comfortable with the blanket responsibility. 660 David Brown Abutter, 35 Old Farm Road: The traffic exiting French Farm Rd. is very heavy both morning and 661 night. 662 Mark Kiley, Abutter, 119 Hickory Hill Rd: Has the state already given the pass on the 40B and how long will this 663 take to build? 664 J. Simons: This is not a 40B. The way it works is if you don't have 1.0% of your housing designated as affordable, 665 a developer can come in with a project that doesn't comply with zoning to build affordable housing; this is market 666 rate housing. 667 A. Chapin: The residential portion will take approx. 14 months to build. 668 Rebecca (last name and address inaudible),Abutter: There definitely needs to be a traffic light. Most families own 669 more than one car. If the property has been for sale for so long, why are we rushing into this to change things? 670 J. Simons: Annual Town Meeting is expediting the time. 671 John Kaplan, Abutter, 11.1 Hickory hill: Have you looked at more mixed use and less residential? Route 125 isn't 672 a pleasant road to sit by. Perhaps you enter into the site more, i.e. Wrentham Outlets. Also, noise from the runway 673 is a definite factor. I live 1.2 miles from the runway and the Learjets are loud; they make a lot of noise on takeoff. 674 Comparably,the train is simply white noise now. 675 J. Simons: This is somewhat of an unorthodox process, we will be back on April 19"'to discuss this issue formally 676 at the Public Hearing. This is simply an informal discussion. 677 678 MINUTES APPROVAL 679 MOTION: L. Rudnicki made a motion to approve the March 2,2016 meeting minutes. D.Kellogg seconded the 680 motion. The vote was 5-0, unanimous in favor. 681 682 EXECUTIVE SESSION: (9:15)L. Mc5herry made a motion that the Board go into Executive session for 683 consultation with Town Counsel for confidential legal advice; and to discuss litigation in the case of 1600 Osgood 684 Solar, LLC v.North Andover Planning Board and that the Chair declare that an open meeting would be 685 detrimental to the Town's litigation strategy and not return to open session. The motion was seconded by L. 19 Town of North Andover PLANNING BOARD John Simons, Chairman / Davit/I(ellogg Lynne Rmulnieki Lora 1M eSherry Peter Boynton Regina bean (Associate) Tuesday April 5, 2016 C� 7 p.m. 566 Main Street-School Administration Bctilding, North Ait(Iover,MA 01845 686 Rudnicki.Roll Call Vote: Peter Boynton voted to go into Executive Session,Lora McSherry voted to go into 687 Executive Session,David Kellogg voted to go into Executive Session. Lynne Rudnicki voted to go into Executive 688 Session. Jahn Simons voted to go into Executive Session. 689 690 MEETING MATERIALS: Planning Board Meeting Agenda April 5,2016; DRAI;T Planning Board Minutes 691 March 2, 2016; 100 Dale Street: 11032008 AS-BUILT,Deed Restriction,Engineer Certification% & 100 Dale 692 Street; 1665 Great Pond Road: 1665 Great Pond Road Decision DRAFT, 160310 Revised Plan-FINAL, Andover 693 Consultants Response to G. Willis, G. Willis Final Comments, J. Hughes Response Merno,Norse Environmental 694 Response 201.6-03-08,Response to Conservation FINAL; 2302 Turnpike St: 160302 Eggleston Review Letter 2, 695 160303 Continuance Request Until 4.5.16, 160303 Williams Sparages Comments, 160318 L. Eggleston Email 696 Final Comments, 1.60331 REVISED Plans,Architectural Earth Works Size D Layout(New Exterior Perspective 697 and Plans dated 4/3/2016), G. Willis Comments,T. Willett FINAL Comments;ATM Zoning_Articles:Article 16 698 Citizens Petition, CCRC Article, CDD3,Hitching Past Road Street Acceptance:20160405 Planning Board Letter- 699 Hitching Past Urbelis &Fieldsteel,LLP,20160322 Conservation.Dept. Appvl. Letter, 20160317 DPW Appvl. 700 Letter, 20160316 Health Dept.Appvl. Ltr., 19870806 Hitching Post Rd.Plan, 20160202 Hitching Post Road 701 Street Acceptance Article FINAL, Stanton Woods Street Acceptance: 160309 Street As-Built Plan,20160328 702 Conservation Appvl. Letter, 2016031.7 DPW Appvl.Letter, 20160302 Health Appvl.Letter, 20160405 Planning 703 Board better Urbelis&Fieldsteel, LLP,20151201 Street Layout Plan, Warrant Article Street Acceptance Stanton 704 Way; 160405 Planning Board Report; 1210 Osgood Street: (Discussion Materials/Article 1.6 Citizen's Petition): 705 1210 Osgood Street Presentation Materials(22 pages); Executive Session Motion:160405 Executive Session 706 Motion. 20