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.
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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
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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
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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.
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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.
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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:
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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
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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