HomeMy WebLinkAbout2017-02-21 Planning Board Minutes 00/ /
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Town of North! Andover
PLANNING BOARD
John,S"mons, Chairman David Kellogg
Lynne Rudnicki :� ���sll��', Lora McSherry
.Peter-Boynton
Tuesday Februan 21 2017 7 L.m. 120 Mucin Street Town Hall North Andover MA 01845
1
2 Present: J. Simons, L.Rudnicki, L. McSherry,P. Boynton, D. Kellogg
3 Absent:
4 Staff Present: J. Enright,R. Oldham B. Wolstromer i
5 j
6 J. Simons, Chairman: The Planning Board meeting for Tuesday,February 21, 2017 was called to order at 7 p.m.
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ATTR:
9 121.0 Osgood Street,Forgetta Development,LLC f
10 J. Enright: This ANR establishes two lots recently permitted for residential and commercial uses. We recommend
11 they rename the lots on the plan; Lots 1 &2 (v. A&B)to stay consistent with the Decision.
12 MOTION: D. Kellogg made a motion to approve the ANR Plan for 1210 Osgood Street,providing the plan is j
13 amended to reflect Lots 1 &2. L, McSherry seconded the motion. The vote was 5-0,unanimous in favor.
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15 BOND RELEASE
1.6 1275 Turnpike Street,Brightview North Andover,LLC: Request for release of$100,000 Slope Stabilization
17 Bond.
18 J. Enright: The Board motioned to approve this release at a previous meeting contingent upon the Town Engineer
19 providing written documentation that he did not observe any obvious defect in retaining wall when he visited the
20 site.The'Town Engineer will not provide a formal response as he was not employed by the Town at the time of
21 construction and did not conduct any inspections during the construction phase. The project Geotechnical
22 Engineer recently visited the site to perform a visual inspection and he has provided a certification letter
23 describing his observations and assessment. The letter was included in your packet.
24 L.Rudnicki: It was conditioned the Applicant provide landscaping at that wall prior to the release of these funds.
25 J. Irht: The Board requested additional landscaping at the last hearing. The Applicant has provided,written
26 confirmation,that they will supplement the landscaping at the front retaining wall at their expense. We will meet
27 with them this spring to review the plan.
2$ MOTION: L. Rudnicki made a motion to approve the$100K Slope Stabilization bond release for 1275 Turnpike
29 Street, plus accrued interest,providing the Applicant submit written assurance to provide increased landscaping in
30 front of the new retaining wall on the front of the property, as outlined in the Decision. D,Kellogg seconded the
31 motion. The vote was 5-0,unanimous in favor.
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33 357 hale Street,Fred McCarthy:_Request for release of$2,000 Watershed.Special Permit Performance Bond.
34 R. Oldham: The Applicant has rnet all requirements of the Decision and provided all necessary documents. 1
35 MOTION: D.Kellogg made a motion to approve the$2,000 bond release for 357 Dale Street,plus accrued
36 interest. L.Rudnicki seconded the motion. The vote was 5-0,unanimous in favor.
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3$ 10I8 Osgood Street MHT"Desi n: Request for release of$10,000 Watershed Special Permit Performance Bond.
39 R. Oldham: The Applicant has met the conditions of the Decision for the release of the bond.
40 L. Rudnicki: Have we received proof the inspection and confirmation that the vacuuming of the pervious
41 pavement was completed?
42 Frank Monteiro.,Ml3F Design Associates: We can provide you with that information.
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Town of North Andover
PLANNING BOARD
.Iolira Sirrrons, Chairman
• David Kellogg
Lynne Rudnicki � 11111 .fora McSherry
Peter Boynton
w
Tuesday Febrnar•y 21, 2017 A,, 7 t).rn. 120Main Street Town Hall, North Andover•,MA 01845
43 MOTION: L.Rudnicki made a motion to approve the bond release of$10,000 for the Watershed Special Permit
44 Performance Bond for 1018 Osgood. Street,with accrued interest;providing MHF submits the required reports. D.
45 Kellogg seconded the motion. The vote was 5-0,unanimous in favor.
46
47 PUBLIC HEARINGS
48 CONTE'NTU D PUBLIC HEARING: 1975 Salem Street(aka 0 Salem Street),Phil Christiansen: Application.
49 for Special Permits—Common Driveway; Access Other Than Legal Frontage and Frontage Exception. The
50 Applicant proposes to subdivide a 7.80 acre parcel into 3 building lots;with one lot(Lot 3)conforming to R-2
51 zoning regulations in area and frontage. For the remaining 2 lots the Applicant seeks frontage exception special
52 permits,Access Hither Than Legal Frontage, and a Common Driveway special permit. The property is located in
53 the Residential 2 (R-2) zoning district.
54 R. Oldham: At the last public hearing the Board requested staking of the lot and driveways to understand the
55 impact of topography,the lot was staked and Board members had a chance to visit the site.The Board also
56 requested a proof plan and additional slope information which has all been provided. The Applicant has not filed
57 with the Board of Health yet;test pits have been done;the soil appears to be in good condition. DPW commented
58 on the slope of the driveway of Lot 1, almost a 17% slope. The project would require the Applicant to file a
59 Driveway Permit to address runoff into the right of way. The Applicant has responded to DPW comments stating
60 the average grade on the common drive is now 9%with the steepest grade of 14%occurring for 45 feet and an
61 average grade of 9% and a maximum grade of 15%for 48 feet for Lot 3. The Town Engineer has not had a chance
62 to comment. The length of the driveways are worth noting as we move forward and whether or not we want to
63 condition regulations per fire code.
64 Phil Christiansen: We don't require septic approval; the soil testing is adequate. There are 3 areas greater than
65 33% on the site; the rest of the property is considered buildable under the Board's regulations. Only one of the
66 driveways is longer than 30 feet. The average slope is 14% on the property. The driveway grades average 9%, it's
67 5% at the road, gets to 14%on one and 15% at the other; it flattens toward the end.
68 L. Rudnicki: Questioned the navigability of the driveways. What is the total length of the common driveway?
69 P. Christiansen: Over 2.00 feet up to the point of separation on the common driveway.
70 L. Rudnicki: Our subdivision rule is 6%;this is over 3x that, over a long distance.
71 P. Boynton: The driveways appear to take on the steepest site slope.
72 P. Christiansen: The lot is in the riverfront area so we had to evaluate the impact and change the design criteria.
73 We are minimizing the disturbance in the riverfront by going perpendicular to the grade.
74 P. Christiansen: Described the restrictions due to the conservation areas.The amount of land disturbance was also
75 discussed. There will be a lot of disturbance. We have extensive stormater management on site.
76 .1. Enright: This proposal will require a land disturbance permit because the disturbance will be more than an acre
77 of disturbance. The Board will review stormwater primarily; erosion and sedimentation control.
78 D. Kellog: T would like to see a line of site for both the common driveway and the single driveway,
79 [Continued to,Planning Board meeting Marcia 7, 201 7]
80
81 NEW PUBLIC HEARING: Brooks.School, 1160 Great Pond Road,Anthony Cleaves: Application for a.
82 Watershed.Protection District Special Permit and Site Plan Review Special Pen-nit under Sections 4,136, 8.3, 10.3
83 and 10.31 of the Zoning Bylaw to authorize the reconstruction of existing developed areas of the Brooks School
84 Campus consisting of the demolition and removing of buildings and construction of an art center building with
85 associated access ways,utilities,field and landscaped areas. The majority of the proposed work is within the
86 General Zone with a small portion of reconstruction of walks,parking and landscaping on the outer edge of the
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Town ofNorth Andover
PUNNING BOARD
John Simons, Chairman David Kellog
Lynne Rudnicki Loi-a McSheivy 1
1 eter Boynton
Tuesdar February 21 2017(a), 7 p.m. 120 Main Street Town Hall Nordr Andover MA 01845
87 Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non-Disturbance
88 Zones. The project is located in the Residential 1 (R-1)Zone.
89 R. Oldham: During Department review, the NA'PD commented they may require police detailing during
90 construction due to traffic; Conservation will require them to came before the Commission for the regrading of the
91 soccer field due to distance to the wetlands;the height of the proposed building is taller than what is allowed(35
92 ft)in the R2 zone; Building is working with the Applicant on whether or not a ZBA variance is needed; DPW had
93 no concerns with water or sewer,the Town Engineer is most concerned about stormwater management which is
94 currently under review by L. Eggleston;we are waiting on the NAFD comments.
95 .Andrew Leonard AT Leonard Associates Landscape Architect: Provided an overview of the project. The project
96 is located in the core of campus. The project is approx. 540-630 feet from Great Pond Rd.; 1,000 feet to nearest lot
97 line to the south;2,000 feet to the nearest lot line to the north; 1,300 feet from the lake proper in the general zone.
98 All wetlands have been flagged and confirmed with Conservation; noting the non-discharge zones.The building
99 will occur in the general zone; only minor accessible parking and a staircase will occur in the non-discharge zone.
100 Described direction of site drainage, barn/past6ral.aesthetic of the proposed architecture; improved accessibility
101 and campus pedestrian connectivity. Brooks has hired a consultant to watch the loading and off-loading of
102 materials to the soccer field during excavation.
103 J. Enright: Is there any change in the storinwater flow versus existing conditions?
104 Brian Milisei,Associates: Due to the ridgeline of the roof; it has shifted south putting 2,000 sq. ft. feet into the
105 watershed area;this is mainly due to grading for accessibility to the building.
106 L. Rudnicki: What size sump pump are you installing in the new building's basement?
107 Leonard: Small,household type; any water discharge will head toward the lake. We submitted a diagram of the
108 turning radius of the ladder trucks. We have not heard any feedback yet.
109 Jason ewers Ann Beha Architects: Described the building elevations and context of the new project.The barn
11.0 dated approximately 1926. will be demolished and removed. Soils will be tested accordingly as materials are
111 removed.
11.2 P. Boynton:Requested the phosphorous content of the fertilizer used on the grounds for the next meeting,
113 [Continued to Planning Board meeting March 7, 2017]
114
115 NEW PUBLIC HEARING: Cellco Partnership d/b/a Verizon Wireless 660 Chickering Road Christophe
116 Swwiniarski: Application for a Wireless Facilities Special Permit—Site Plan Review under sections 8.9 of the
117 North Andover Zoning Bylaw. Applicant proposes to modify the Special Permit granted on September 6, 2016 for
118 the attachment of disguised Cloud Radio Access Network(C-RAN) antennae. The Applicant would like to add a
119 single 23.48"tall cylindrical canister weighing approximately 22 pounds, and additional supporting equipment,
120 consisting of a remote radio head,electrical junction box and meter, and fiber optic connections,mounted to an
121 existing utility pole.
1.22 R. Oldham: At the last meeting it was decided that a modification to the original permit needed to be filed. The
123 application before you is the modification. The pole proposed is to replace the original pole in the September 2016
124 permit. . The equipment on the pole is the same as the previously approved poles.
125 Victor Manoukian,McLane Middleton: The power company requested we shift our proposed location effecting
126 the notification process. The technology is the same as permitted prior; as are the canisters used prior;this location
127 needs a 4 foot fiberglass extension. This canister addresses high demand, gap issues and low level coverage the
128 macro sites cannot handle. The canisters are gray, similar to those already installed. We originally had ten,we
129 dropped one and would like to bring it back.This canister has 360 degree coverage, similar to the other nine.
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Town of North Andover
PLANNING BOARD
John Simons,
Chairman Daviel Kellogg
Lynne Rndnicki ��° q Ol ��I�V���,", Lara McSherry
Peter.Baynton '
Tuesday Februar 21 2017k 7 .nn. 120 Hain Street Town Hall North Andover MA 01845
130 R. Oldham: In the original permit we conditioned the lower equipment on the pole to match the poles themselves.
131 The canisters were left gray.
132 [Continued to Planning Board meeting March 7, 2017]
133
134 NEW PUBLIC HEARING: Kindred Hames 1.099 Salem Street Paul Marchionda: Application for Special
135 Permit for Frontage Exception Linder sections 7.2.2, 10.3 and 10.31 of the North Andover Zoning Bylaw. The
136 Applicant proposes to subdivide the existing 7.4+/-acre parcel into two(2) lots.The property is located in the
137 Residential 2 (R-2)zoning district.
138 R. Oldham: The Applicant has not fled an application with the Health Department but has completed soil testing.
139 The DPW has concerns, stating that there shall be no grading steeper than a 33% slope. The Applicant will need to
140 file with DPW for a Driveway permit and file an NOI with Conservation due to the presence of a wetland at the
141 bottom of the driveway.Engineering has not yet reviewed comments,
142 Pastil Marchionda Marchionda Associates: Lot 1 is intended to be over 4 acres; Lot 2 is over 3.3 acres. After
1.43 making revisions there are no slopes over 33/0 on site. We have minimized construction and demolition of the
144 existing house and removal of the existing driveway to under one acre. Pervious barriers to the septic systems will
145 keep the footprints small. We are not in the watershed;there are some minor wetlands; we are under one acre;we
146 don't fall under Land Disturbance. Our frontages are at 50 feet;the driveways are flat. We intend to return with an
147 ANR plan.
148 L. Rudnicki: You're applying for a Frontage Exception without having to do a subdivision and you're keeping it
149 under the Land Disturbance which would not involve any stormwater analysis;the limits of work for the septic is
150 right at the 100 ft. line along with the limit of clearing immediate to the adjacent property line.
151 P'. Marchionda: A subdivision would disturb more land. We are keeping things minimal. Required frontage would
152 normally be 150 feet in the R2.
153 J. Enright: There is an easement access over the right of way?
154 P. Marchionda: Yes,there is deeded access over the right of way;there is no common driveway,each is 12 ft.
155 There is approx. 50 feet between drives;we'll do a landscape plan and provide you with stormwater calculations.
156 J. Simons: We need to see your drainage in order to evaluate the overall impact.
157 Jeff Cornblatt Abutter 1070 Salem Street: I live across the street and am concerned about the curve in the roadway
1.58 you cannot see around heading south toward Middleton. I prefer not to see more traffic to the area and for the area
159 to remain undisturbed and the permit not be granted.
160
161 The Applicant will provide us with line of site information, a landscaping plan showing driveways; drainage
162 calculations; stake the driveways on site and we will walk the property in the meantime.
163 [Continued to Planning Board meeting 1Mar°ch 7 2017]
1.64
165 DISCUSSIONS:
166 Jeff Goldstein, 1.600 Osgood Street: Cannabis Cultivation Facility: Tam Lee spokesperson foi°Ozzy Properties &
167 Senior Partner-451 Marketing,Boston; Adam Barongy_ l&, -legal counsel to owner Jeff Goldstein; Tom Regan-
168 President of Mindful &TR Concentrates-consultant for the project; and Jeff Goldstein- property owner, presented
169 their proposal for 1600 Osgood Street an indoor agricultural facility, designed specifically to cultivate cannabis.
170 We would like to discuss usage and the drafting of two proposed warrant articles for Town Meeting. The first of
171 two warrant articles would expand the Medical Marijuana Overlay district to include Osgood Landing, removing
172 the current size restrictions on a facility that would cultivate, process and/or research marijuana. It would also
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Town of North .Andover
PLANNING BOARD j
John Simms, Chairman
• Fervid Kellogg
Lynne Rudnicki ` 9 Uri„N*. Lora McSh erry
• Jfjl//j��l �Jl�f II.
Peter Boynton ,
s
I
Tuesday February 21 2017 k 712.m. 120 Merin Street Town Ha1,1 North Andover MA 01845
173 make town bylaws consistent with stale Iaw regarding the 500 foot buffer zone and the classification of a protected
174 use facility. The second would authorize the Town Manager and the Board of selectmen to negotiate a host
175 community agreement with the owner of the medical marijuana cultivation facility.
176 J. Simons: This is not currently an allowed use at the Osgood Landing property and you want to eliminate the size
177 restriction.
178 A. Baranovsky: We prefer"no"restriction of size;relevant to cultivation facilities only. We are seeking feedback
179 on creating a new overlay district for• 1600 Osgood. We will come before you later to discuss specific operations.
180 J. Enright: The proposed boundaries in the draft Warrant Article include the main facility parcel and an
181 undeveloped parcel at the corner of Osgood Street and Holt Road. (Map 34 parcels 15 & 17)The proposed Article
182 would add these(2)parcels to the existing Medical Marijuana Overlay District.
183 T. Lee: Presented the overall proposal; At 1600 Osgood there is currently, 167 Acres of Land, 1.8 million stf
184 office manufacturing and warehouse space. The manufacturing space at 1.600 Osgood remains unfilled. Only
185 114,473 square feet of space is currently used for manufacturing(out of 1,100,000 available manufacturing space).
186 By capitalizing on the new cannabis industry, the Town has an opportunity to gain significant additional revenue.
187 Ozzy and the Town can be the first to market with large scale high-tech cultivation space, allowing the Town to
188 capture significant benefits as the Host.Community.
189 T. Regan: Currently,the largest indoor medical marijuana facility is located in.Denver, CO. @ 120K sq. ft.; an
190 approved million sq. ft. outdoor facility is currently being built in Freetown,MA..
191 J. Simon: This facility would be potentially ten times bigger than any indoor facility in the country.
192 P. Berton: questioned exterior odor and waste disposal. J
193 T. Regan:Air infiltration systems eliminate odor and the state monitors waste disposal directives.MA is
194 replicating what Colorado is doing regarding disposal plans in their regulations.
195 T. Lec: Soccer field use will be eliminated and we are looking at senior housing to address the Smart Growth
196 Overlay component. In addition to the cultivation facility,the master plan includes an executive office facility
197 incorporating research & development; administrative functions and include an educational component. This is not
198 a dispensary; there wilI be no cash on site. Medical product will be moved to dispensaries in other towns; MA law
199 requires the cultivator to be the non-profit entity(it could be both the cultivator/owner).
200 BOARD: Discussed if this would become a recreational facility once the law has been finalized by the state in
201 2018.
202 J. Goldstein: I cannot not agree to grow solely medical.
203 L. Rudnicki: 1 would be concerned about water supplies.
204 T. Lee: Based on the size of the facility; fully operational 100-110 thousand gallons a day of water usage would be
205 required.Recycled water technologies would be implemented. Fresh water would be 30-50 thousand gallons per
206 day. There are multiple wells on site that may be put to use. The additional tenants would be added to that.
207 T. Rem: In Colorado there is a list of banned substances controlled by the CDA;this grow methodology would
208 be organic.
209 J. Enright: A Citizen.Petition warrant article is due by March 6,2017. A legal notice will need to be submitted to
2.10 the Tribune by 3t15 orl6/2017 for an April 4, 2017 Public Hearing.
211
212 Annual Town Meeting Zoning Articles: The first is a zoning map correction for the CDD3 to properly reflect
213 Stanton Woods Subdivision in a residential zone;the second map correction is to properly reflect a parcel of land
214 located at 24 Baldwin Street as an R-4 parcel. It is currently incorrectly identified as General Business. The third
215 proposes to extend the time period within which a Special Permit must be exercised. This proposal is authorized
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Town of North Andover
PLANNING BOARD
John Simons, Chairman •' David Kellogg
Lynne Rudnicki Lora McSherry
Peter Boynton '
Tuesday FebruarV 21 2017 7 p.m. 120 Main Street Towii Hall North Andover HA 01845
216 by a recent amendment to M.G.L. Chapter 40A, Sec. 9. Our bylaw allows for a two year period,M.G.L. now
217 allows up to 3 years. It can stay at two years if you choose. The Board decided to leave it as is. The fourth
218 proposed article is to Bylaw Section 10.57 "Effective Subsequent Amendments".Again,there was a recent
219 amendment to M.G.L. Chapter 40A, Sec. 6 that extended the time within which a building permit or special permit
220 must be exercised without having to comply with a subsequent zoning amendment. Currently our bylaw reads "not
221 less than 6 months".The Chapter 40A, Sec. 6 now allows up to 12 months and the proposed article is to amend the
222 bylaw to read, "not more than 12 months". The Board agreed that the above needs to be changed.
223
224 Watershed Informational Mailer: The mailer is prepared and ready to be mailed to shoreline residents and abutters
225 to lake tributaries. It deals with"what can you do?" and it offers"best practices". It was reviewed by the Board of
226 Selectmen at their last meeting.
227
228 MINUTES APPROVAL
229 MOTION: L. Rudnicki made a motion to approve the January 17,2017 minutes. D. Kellogg seconded the
230 motion. The vote was 5-0,unanimous in favor.
231 ADJOURNMENT
232 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by L. Rudnicki.The
233 vote was 5-0, unanimous in favor. Meeting adjourned @ 10:00 p.m.
234
235 MEETING MATERIALS:Planning Board Meeting Agenda February 21,2017;DRAFT Planning Board Minutes January 17,
236 2017(February 7, 2017 ineeing ccancelleco;ANR: 1.210 Osgood Street For etta Development LLC.ANR Application,ANR
237 Plan w STAMP;1275 Turnpike Street Brightview North Andover LLC: 1275 Turnpike Engineer Certification Letter, 131125
238 As-Built Plan 1.0 1 13,20100406 Notice of Decision CCRC SP,20110920 Notice of Decision Lot.Slope Exception SP,Brightview
239 North Andover Geotech Letter slope 1-30-2017(1),Slope Certification 1275'rurnpike;357 Dale Street Fred McCarthy: As Built
240 Plan,Bond Release Request,Decision,Engineer Certification;1018 Osgood Street MHF Design:Architectural Compliance Letter
241 by James Smith 2-2-17,Cafua Osgood Street North Andover MA-As Built Plan 1-13-14(rev 1-24-17),Compliance and Bond
242 Release Letter by MHF 2-2-17,OM Maintenance Log1,OM Maintenance Log2,Original OM Plan; 1975 Salem Street alta 0
243 Salem St:Applications: Access Application Common Driveway Application,Frontage Application,Narrative common drive rev
244 12.28,Narrative other than legal frontage rev 12.2.8;Site Plans:existingDRAINAGEarea,HydroCAD Report(1),
245 proposedDRAINAGEareas,SPEC PERMIT SHEET 1,SPEC PERMIT sheet 2,SPEC PERMIT SHEE F 3;Supplemental.Info:33%
246 SLOPES,Driveway Profiles Specs,Driveway Profiles,PROOF PLAN LOTS,PROOF PLAN PROFILE,SITE PLAN PROOF
247 PLAN,BYLAW Section 7,BYLAW-Section 8.10,DPW Comments._170214,LOCUS,Applicant Response_170217;Brooks
248 School,1160 Great Pond Rd:Application:Brooks School Arts.Zoning information,Project Cover Sheet,Site Plan Application,
249' Watershed Application,;Department Comment:Building Comments_1.70215,Conservation Comment 170214,Police
250 Comment-17013 1;Elevations:Elevations;Brooks School Permit Presentation Renderings m 170221,Brooks School-Planning Board
251 Presentation Building Renderings;Site Plans:Brooks Arts Erosion C5 170207,Brooks Arts Existing EX 101-170207,Brooks Arts
252 Utility C2-170207,Brooks School-Permit Set-L8.2 revision-170207,Site Plan;Stormwater Review:Review#1;Response
253 Comment#1-170207; Stormwater Report;Verizon C-RAN,660 Chickering Rd:Applicant Response_170208,Peer
254 Review 160202,Revised Project Narrative,Verizon C-RAN Modification Application_1701.30; 1099 Salem Street,Kindred
255 Hames: DPW Comments 1.7021.4;Site Plan,submission package;(Osgood Landing: Osgood Landing Presentation,Draft Warrant
256 Article 1 (00581584-4xA4627)(1),Draft Warrant Article 2(00581.584-4xA4627)(2),Guidance for Municipalities Regarding the
257 Medical Use of Marijuana,Locus Map 34 Parcels 15 and 17,P.Boynton Reference to Town Website;Annual Town Meeting
258 'Warrant Articles:Baldwin Street:2015 Zoning Map,Article 40 Atty Gen Approval,Article 40 Clerk Certified Vote,Lot C-1
259 (approximately 20 Baldwin Street,Warrant Article draft;CDD3 Map Correction:2008 Clerk Certified Vote,CDD3 2008 Approved
260 Map,CDD3 Map Warrant Article,Past Zoning Maps;Effect of Subservient Amendments; Article XX-Effect of Subsequent
261 Amendments; SP Expiration Dates:Article XX-Duration of special.Permits Section 10.31 (3),Special Permit Expiration Dates;
262 Watershed Information Mailer:Fertilizer man-278x204,Landscaper Cover Letter,Watershed Mailer V3(I).
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