HomeMy WebLinkAbout2017-03-07 Planning Board Minutes Town of'North Andover 0017
PLANNING BOARD
Jahn Simons, Chairman �•' David Kellogg
Lynne Rudnicki Lora Me,S"herry 1
Peter Boynton •
; i l' Aaron on Preston,Assoc.
Tuesday March 7, 2017 ),, 7 P.m. 120 Main Street Torun Hall,North Andover,MA 01845
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2 Present: J. Simons,L. Rudnieki,L.McSherry, P.Boynton,D. Kellogg, A. Preston,
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3 Absent:
4 Staff Present: J. Enright,R. Oldham B. Wolstromer
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6 J. Simons, Chairman: The Planning Board meeting for Tuesday,March 7, 2017 was called to order at 7 p.m.
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8 PUBLIC HEARINGS
9 CONTINUED PUBLIC HEARING: 1975 Salem Street aka 0 Salem Street .Phil Christiansen: Application J
10 for Special Permits—Common Driveway, Access Other Than Legal Frontage and Frontage Exception. The
11 Applicant proposes to subdivide a 7.80 acre parcel into 3 'building lots;with one lot(Lot 3)conforming to R-2 I
12 zoning regulations in area and frontage. For the remaining 2 lots the Applicant seeks frontage exception special
13 permits, Access Other Than Legal Frontage, and a Common Driveway special permit. The property is located in
14 the Residential 2(R-2)zoning district.
15 R. Oldham: The Applicant has submitted a narrative further explaining the project and comparing the project
16 before you to the slope that was approved by the Board for the Salem Woods project.As requested by the Board,
17 the Applicant has provided plans showing sight distances for both the common driveway and single driveway and.
18 a plan showing areas of the land disturbance.
19 P. Christiansen. The driveway access was modified based on Conservation's determination of the river location,
20 we reduced the grading of the driveway to 12%; increasing the disturbance to 40%v. 35% previously shown. The
21 adjacent driveway at"Salem.Woods"was developed as a subdivision;technically a common driveway; (all
22 roadway construction rules and regulations were waived on that project). There are three houses on that 16 ft.wide
23 driveway with a slope of 16%; at its steepest, for 100 ft. This improves upon the neighboring driveways/lot with a
24 flatter grade at 14%"o for 45 ft. of length, and average driveway grade of 9%, Also,we only have two houses on a
25 1.6 ft. drive with a slope of 15.85 %for 100 ft. The stormwater management controls on the adjacent lot are
26 meager, it would not meet current standards. The adjacent property is comparable at 65%undisturbed, 35 %
27 disturbed. There are frontage exception lots in the neighborhood and properties with access other than frontage.
28 You may want to consider the amount of disturbance as it relates to the driveway slope 12%v. 14%.
29 Board: Discussed opinions of steeper slope vs. less land disturbance.
30 MOTION: L. Rudnicki made a motion to close the Public Hearing for 1975 Salem Street(aka 0 Salem Street). D.
31 Kellogg seconded the motion. The vote was 5-0,unanimous in favor.
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32 MOTION: D.Kellogg made a motion to approve the Common Driveway,Access Other Than Legal Frontage and i
33 Frontage Exception Permits, as amended,for 1975 Salem Street(aka 0 Salem Street).P.Boynton seconded the
motion. The vote was 5-0,unanimous in favor.
36 CONTINUED PUBLIC HEARING: Brooks School, 1160 Great Pond Road,Anthony Cleaves: Application
37 for a Watershed Protection District Special Permit and Site Plan Review Special Permit under Sections 4.136, 8.3,
38 103 and 10.31 of the Zoning Bylaw to authorize the reconstruction of existing developed areas of the Brooks
39 School Campus consisting of the demolition and removing of buildings and the constructing of an art center
40 building with associated access ways, utilities, field and landscaped areas. The majority of the proposed work is
41 within the General Zone with a small portion of reconstruction of walks,parking and landscaping on the outer
42 edge of the Non-Discharge Zone and re-grading of an existing soccer field within the Non-Discharge and Non-
43 Disturbance Zones. The project is located in the Residential 1 (R-1)Zone. '
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Town of North Andover
PLANNING BOARD
John Simons, Chairman � � av d l(ellogg
• Lora McSherry
Lynne Rudnicki � l� � , O,,,•
Peter Boynton
� Aaron Preston,Assoc.
Diesday March 7 .2017 7 p.m. 120 Main Street Town Hall North Andover MA 01845
44 R. Oldham: Some updates since the last meeting: the NAFD has reviewed the submitted turn analysis and has
45 stated they will do a field check prior to installation of any curbing but otherwise they have no other comments
46 concerning the project. The Stormwater Review Consultant has worked with the Project Engineer and all concerns
47 have been addressed.As requested by the Board,the Applicant has submitted their fertilizer program for the
48 campus. There was a Covenant concerning the fertilizer process approved by the Board back in 2004. The original.
49 Fertilizer Program submitted did not exactly adhere to the language in the Covenant and the Applicant has since
50 updated this Program to reflect the language and additionally today's standards. At the last meeting the Applicant
51 stated that the Barn to be demolished was built in 1926. However the Barn was actually built in 1871.This makes
52 the Barn a 100 year structure and therefore needs to go through the demolition delay process. An application was
53 filed by the Applicant back in 2016 in anticipation of the demolition delay process,however,there is some
54 concern that the building department did not receive the initial application and therefore there is a question if the
55 approval by the Historical Commission is still valid. The Building Commissioner is meeting with the Chair of the
56 Historic District Commission to discuss this issue.
57 Andrew Leonard,A.C.-Leonard Associates L A.: We provided the turning radii to the NAFD reflecting changes
58 to the parking area. They agreed to a drive through prior to installation of any curbing. We issued the soil testing
59 protocol. We submitted two memos on the fertilizer protocol; matching the language in the covenant to reduce the
60 amount of phosphorous to include"only to be used when the soil demands it"; reducing the amount of general
61 areas to be fertilized, We updated Zone A borders to address L. Eggleston's comments.
62 Anthony Cleaves,P.E.-Whitman&Bingharn Associates: We have a sump pump to keep the basement dry. The
63 soils are glacial till;fairly impervious. We will only be removing water immediately adjacent to the building; it
64 will not be running continuously only during a stone event.Any discharge will go across the grass, cross the
65 driveway, into two raingardens which overflow into the large grass bowl and then back into the lake/ground. We
66 aren't taking any water out of the watershed.
67 R. Oldham: Has the building height issue been addressed in terms of whether or not you will need to apply for a
68 variance?The proposed height is 48-61 feet and in an R-I zone with a 35 ft. height restriction.
69 Jason Bowers AIA-Ann Beha Architects: We have submitted drawings to the Building Department for the denial
70 letter so we can go to the Zoning Board of Appeals to get the variance.
71 P, Boynton: The excavated soil is being relocated to what location?That soil once in place,will need to be
72 reseeded and fertilized in a fairly large area;proximate to the lake. The impact of excess phosphorous is one pound
73 of phosphorous can potentially equal 500 pounds of potentially toxic algae in the lake.
74 A. Leonard: Described the location of the relocated soil on the plan as being outside the non-disturbance zone. The
75 Nitrogen/Phosphorous/l'otassium fertilizer for that location may need to be adjusted for phosphorous; or we may
76 condition the protocol for nitrogen placement only; excluding phosphorous so close to the lake. Stabilization of the
77 soil is important.
78 [Continued to March 21, 2017 Plcrnn ing Board meeting]
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80 CONTEWED PUBLIC HEAVING: C+elleo Partnership d/b/a Verizon Wireless 660 Chickering Road
81 Christopher Swiniarski Application for a Wireless Facilities Special Permit—Site Plan Review under sections
82 8.9 of the North Andover Zoning Bylaw. Applicant proposes to modify the Special Permit granted on September
83 6,2016 for the attachment of disguised Cloud Radio Access Network(C-RAN)antennae. The Applicant would
84 like to add a single 23.48"tall cylindrical canister weighing approximately 22 pounds, and additional supporting
85 equipment, consisting of a remote radio head, electrical junction box and meter, and fiber optic connections,
86 mounted to an existing utility pole.
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Town of North Andover
PLANNING BOARD
John Simons, Chairman David Kellogg
Lynne RudnickiLora 1VIcSherry
Peter Boynton „/j, Aaron Preston Assoc.
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TuesdaE March 7 2017 7 p,m. 120 Marin Street Town Hall North Arrdover, llfL4 01845
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88 MOTION: D.Kellogg made a motion to close the Public Hearing for'Wireless Facilities 'Special Permit-
89 Modification,for Cellco,Partnership d/b/a Verizon Wireless, at 660 Chickering Road.The motion was seconded
90 by L.Rudnicki. The vote was 5-0,unanimous in favor.
91 MOTION: L. Rudnicki made a motion to approve the Wireless Facilities Special Permit-Modification, for Cellco
92 Partnership d/b/a Verizon'Wireless, at 660 Chickering Road, as amended. The motion was seconded by L.
93 McSherry. The vote was 5-0, unanimous in favor.
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95 CONTINUED PUBLIC HEARING: Kindred Homes 1099 Salem Street Paul Marchionda:Application for
96 Special Permit for Frontage Exception under sections 7.2.2, 10.3 and 10.31 of the North Andover.zoning Bylaw.
97 The Applicant proposes to subdivide the existing 7.4+/-acre parcel into two(2) lots. The property is located in the
98 Residential 2 (R-2)zoning district.
99 R. Oldham: The Applicant submitted an updated site plan showing requested landscaping at the front of the site
100 and drainage mitigation in the form of a grass sale. This project has not been through Stormwater Review and
101 questions arise regarding the flaw of water coming down the grass swale and whether there would be any check
102 dams,as well as the size of the drainage pipe,which leads into Conservation jurisdiction. DPW provided further
103 comment with concerns regarding the one acre disturbance. They requested a CAD file to support the limit of
104 work verifying they are in fact under an acre. The project is at.98 of an acre.Additionally, we received a letter
105 from National Grid who owns the easement at the bottom of the driveway and they are reviewing the plans and do
106 not have a decision to date. ;
107 Paul Marchionda Marchionda Assoc.: Regarding drainage,we calculated impervious area on site as going from 1.-
108 2% on the site. In terms of stormwater mitigation,we propose a stormwater infiltration trench between the two
1.09 driveways with a grass Swale leading into that trench. We are close to one acre,DPW wants us to stake the plan in
110 the field. We provided landscaping between the driveways avoiding the 82.5 ft.wide easement. We Lawn the land,
111 the easement runs over our land. We marked site distance as greater than 300 ft. We have submitted the deed. d
112 J. Simons: We need final comments from the DPW and National Grid's decision before making our determination.
113 [C'onti'nued to.March 21, 2017 Planning Board meeting]
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115 NEW PUBLIC HEARING: 58 CountLy Club Circle: Application for a Watershed Special Permit under
116 Sections 4.13 6, 1.0.3 and 1.0.31 of the North Andover Zoning Bylaw. The Applicant proposes to construct a
117 retaining wall, in ground pool, spa,walkway,patio, fence and associated grading and landscaping in the Non-
118 Discharge Zone and Non-Disturbance Zone. The project is located within the Residential 1 (R-1)Zoning District.
119 R. Oldham: The Applicant is before Zoning on April 8' for a new structure, a pool,in the watershed. Stormwater
120 made comments and asked for corrections, specifically the Stormwater Review Consultant stated that the plan
121 does not call for groundwater recharge and recommended any increase to impervious cover be restricted.L.
122 Eggleston also suggested the Planning Board request a landscape plan. Additionally, she suggested conditioning
123 best management practices concerning pool and pool discharge, standard fertilizer and coal/tar base pavement
124 restrictions, etc. The Applicant has not had a chance to respond to the Stormwater comments. The Applicant has
125 met with Conservation to confirm wetland delineation,there is a delay since they will need to access wetland on
12.6 the North Andover Country Club property.
127 George Zambouras, PE,Atlantic En ing cering: Provided an overview of the project.The lot is in the watershed, it's
128 a 2 acre site; the property was developed in 1998; existing patios and walkways will be expanded and redone
129 including a srrralI block retaining wall.
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Town of North Andover
PLANNING BOARD
John.Simons, Chairman � � ' David Kellogg
Lora McSheny
Lynne.Ra�rl��zicki � ��%'�� '"
Peter Boynton Aaron Preston,Assoc.
Tuesday March 7 2017 7 p.m. 120 Main Street Town Hall North Andover MA 01845
130 G. Zambouras: The homeowner prefers the location of the pool as shown on the plan. The soils are good;there's
131 also shallow bedrock although,no test borings have been done;we are trying to avoid any blasting. The segmented.
132 block retaining wall averages 3 ft.tall;the drop off that exists averages 4-6 feet of fill. We show a siltation barrier
133 as limit of work;we'll expand the note on phosphorous. We can clarify in our response to Stormwater comments
134 that the runoff is handled by rain gardens. The walkways and pool deck have a cross slope,there's a rain garden
135 along the edge of the existing fire pit and seating wall and adjacent to the garage that we are directing all the run
136 off to. Described the areas of replacement and increase in impervious surface which we estimate to be 1.3-1.5%.
137 R. Oldham: There will be a net decrease in wooded cover on the site of 2,974 sq. ft?
138 G. Zambouras: It is not a wooded lot; mostly grass. The wall is 250sq. ft.
139 P.P. Bion: L. Eggleston noted,"the total impervious area of the project site currently exceeds the threshold of the
140 NIA drinking water regulations".
141 G. Zambouras: That section she is referencing, 22.20.c is a requirement that N1.A DEP has put in their water
142 regulations for"newly created or expansion of water supplies". Currently under NIA DEP regulations for wellhead
1.43 protection,they require cities and towns to institute zoning regulations that deal with wellhead protection. For
144 "existing"water supplies,the correct regulation is 22.20b requiring you to institute zoning regulations; there is no
145 requirement for the limit of impervious in existing watersheds.
146 P. Boynton; It's a piece of property very close to the drinking water supply..
147 J. Simons: If you are creating 2500 sq. ft. of impervious surface; it's important to know your strategy to mitigate
148 that flow and to eliminate any degradation of the water supply.
149 L. Rudnicki: Including recharging of the lake; everyone knows our lake levels are getting lower.
150 G.Zambouras: Calculations provided are based on what we are directing into the rain gardens;the rate is equal;
151 the volume is equal at 120-200 cubic feet of water. On a 2 year storm,predevelopment volume is 1090; post
152 development is 1097 cubic feet, 10 year storm predevelopment volume is 2565; post development is 2494 and for
153 the 100 year storm predevelopment is 5174; 5,130 for post development.
154 D. Kellog t: The pool cleaning filter needs to be a cartridge filter as opposed to sand or other.
155 G. Zambouras: Chemicals will be stored inside the buildings-garage or basement; DEP regulations dictate the
156 methods of draining the pool.
157 R. Oldham: It would be helpful to provide the Board with a maintenance plan for review at the next meeting.
158 J. Enright: This requires a Variance for a new permanent structure in the Watershed Non-Disturbance Zone. The
159 proposal will be on the April 11'"'ZBA,agenda.
160 [Continued to March 21, 2017 darning Board meeting]
161
162 DISCUSSIONS:
163 Wheelabrator North Andover: Preliminary Design Review Request
164 J. Emi ht: Wheelabrator is proposing to partially replace an existing ash storage building and relocate and existing
165 wet scrubber. As part of a 1998 Site Plan Review they enclosed an existing three sided ash building, constructing
166 the sides and roof with a steel superstructure. They are proposing replacing the superstructure with a concrete
167 design wall and relocate the wet scrubber.Wheelabrator came to the Town for a TRC where departments gave
168 feedback concerning their proposal. The Health Department and the Building Departments need to review this
169 project further;NAFD has conducted a site visit and will require sprinkling inside the ash building. Currently,
170 emissions testing is being conducted by TECH quarterly The Applicant is requesting that this proposal be
171 considered an Insubstantial Change to the Special Permit.
172 J. Simons: An Insubstantial Change means no further review by any other departments.
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Town of North.Andover
PLANNING BOARD
John Simons, ChairmanDavidKellogg
Lora 1I,2�cSherry
��
Lynne Rudniclri ���`�u�� �r�u„,�, '
Aaron Preston,Assoc.
Peter Boynton
Ttiesday March 7 2017 7 .m. 120 Main Street Town Hall North Andover MA 41845
173 Gary Collette, Site Mgr. Wheelabrator: We are proposing to replace the superstructure of our existing ash storage
174 area. In 1985,we had a three sided bunker arrangement where the ash was stored in an open environment, open on
175 one side; it subsequently received a roof. In 1998,the facility as part of its emissions retrofit came before the
176 Board, in the process which included the back end installation of the scrubbers,fabric filters and the removal of
177 electrostatic precipitators, it was decided the ash enclosure should comply with DEP/EPA permits and it needed to
178 be enclosed. At that time,the bunker area and roof was fully enclosed with additional side walls. It was
1.79 constructed with standard steel, corrugated steel and some FRP siding which has degraded. We are replacing the
1801 enclosure around the bunker walls; the sidewalis and the roofs in two phases. There is no expansion, no changes to
1.81 soil; impervious or otherwise. We propose to use tilt up concrete panel construction. We are replacing the building
182 using different materials. It's a 5 month project;we are looking to start in April. t
183 P. Boynton: Are you changing operations within the building?Or volume of ash inside; does the concrete allow
184 for more ash? The ash is taken where?
185 G. Collette: The concrete will not change processing,the ash is taken to our Shrewsbury landfill.
186 G. Collette: Phase I-replaces two thirds of that building;there is a long conveyor that transports the ash from the
187 boiler building proper into this ash storage area. The first section is a truck bay; a front end loader loads the ash
188 into trucks in 20 ton increments. The conveyor extends 75% of the way into that main ash storage section; a loader
189 picks that ash depositing it into the truck. Described remediation and'construction of the new structure. We are
190 also proposing to move a piece of equipment from inside the building to an attached shed building.
191 J. Simons: There are three ways to handle this. This is a total reconstruction. It's significant and initially there was
192 a lot of interest in this. It should be transparent in a hearing; with notice. (1)Either we vote it as an Insubstantial
193 Change, (2) We could notice this and do a Public Hearing(3) or we can notice this but we don't handle it as a
194 "Public Hearing"; we treat it more formally as a Public Meeting and include abutter notice. I'd prefer noticing
195 this;there are some public policy issues;people need to express their opinions.
196 BOARD: Discussed the options and preferred option 2. The Board also discussed the desire to schedule a site
197 visit to gather a better understanding of the facility and what the Applicant intends to do.
198 [Continued to April 4, 20.17 Planning Board meeting]
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200 Master Plan Update Process: Judi Barrett,Director of Municipal Services,RKG Associates, Inc.
201 J. Enright: The consultant could not attend this evening's meeting and we have requested that someone attend the
202 March 21,2017 meeting.
203 L. Rudnicki and.L. McShein: Feel as though the current pool of interested applicants to serve on the Master Plan
204 Committee is extremely small and felt it should be advertised publicly again,perhaps via social media venues.
205
206 Annual Town Meeting: Proposed Zoning Warrant Articles
207 J. Enright: We discussed the proposed zoning amendment warrant articles at the last meeting;two atoning map
208 corrections and one dealing with the effect of subsequent amendments. Since then we received three citizen
209 petition articles, (1)relates to a host community agreement(not a zoning article)for the proposed medical
210 marijuana cultivation facility, (2) proposes amendments to the zoning bylaw Section 8, Subsection 8,12Medical
211 Marijuana Overlay District language and(3) zoning map amendment to include a certain portion of 1600 Osgood
212 St. in the Medical Marijuana Overlay District. These will be noticed for a Public Hearing at the April 4, 2017 t
213 Planning Board meeting.
214 OSGOD Committee Update: Per L. Rudnicki,the Committee's draft was approved by the Board of Selectmen.
215 The OSGOD Committee made three recommendations: (Option '1)The bylaw needs a fair amount of rewriting,
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Town of'North Andover
PLANNING BOARD
John Simons, Chairman • - David Kellog
o Lara,2�icSherq
Lynne Rredrzicki i� ,,,�r,�l ;» ,„',
Peter Baynton
»i Aaron Preston,Assoc.
Tuesda March 7 2017 7 .na, 120 Main Street Town Hall North Andover MA 01845
216 which can't be accomplished by this year, so we can leave the bylaw as is,for now(Option 2)Would be to obtain
217 a moratorium can the residential housing units;the State does not allow this, so it would be to allow the owner to
218 place a voluntary moratorium on the property and face being challenged(Option 3) Remove the 40R in its entirety
219 and let the master plan play out. They asked the Committee not make a recommendation"as a committee"; Land
220 Use Boards can make them individually, or collectively.
221
222 MOTION: L. Rudnicki made a motion to approve the February 21,2017 meeting minutes. D.Kellogg seconded
223 the motion. The vote was 5-0,unanimous in favor.
224
225 ADJOURNMENT
226 MOTION: P. Boynton made a motion to adjourn the inecting. The motion was seconded by O. Kellogg, The vote
227 was 5-0,unanimous in favor. Meeting adjourned @ 9:00 p.m.
228
229 MEETING MATERIALS: Planning Board Meeting Agenda March 7,2017;DRAFT"Planning Board Minutes February 21,
230 2017; 1975 Salem Street(aka 0 Salem Street): 170307 Salem Street 1975-Frntg Excpt.ComDriv.Access Frntg_DRAFT,
231 COMMON DRIVESIGHTDISTANCE,DISTURBANCE WITH I2%DR:IVE,LAND DISTURBANCE,Project Narrative
232 Update_170303,PERMITsheet 2-24,PERMITsheet 12-24,PERM1Tsheet3 2-24,PERMITshect4 2-24, STOPPING
233 SIGHTSINGLE, TWODRIVES;Brooks School: Permit Presentation Renderings 1770221,Brooks Arts Erosion C5170301,
234 Brooks Arts Existing EX101_...170301,Brooks Fertilizer Covenant Porch 2004,Brooks Fertilizer Covenant-2004,Brooks
235 School Fertilization Program,Original Brooks School Fertilization Program, Signed Certificate of Appropriateness, Site Plan,
236 Soil Transportation Monitoring Rec, Storrmwater Review#2_170223; Cellco Partnership 660 Chickering Road:
237 170307 VerizonCRAN Modification 160906 DRAFT,Applicant Response 170208, Peer Review_160202,Revised Project
238 Narrative, Verizon.C-RAN Modification Application._170130; Kindred Homes 1099 Salem Street: Submission of Plan
239 Revisions,Deed,DPW Comments#2170306, Grading Plan 3 1 17,Land Disturbance Applicability,National Grid.
240 Email 170302;58_Country Club Circle: Application Documents,Locus,Plans, Stormwater Review letter#1; Wheelabrator
241 North.Andover: 980819 Refusetech,Inc 285 Holt Road(Wheelabrator), 980819 Wheelabrator Decision,Ash House
242 Replacement Project PRELIMINARY Drawings,Memo 170224;Master Plaza Update Process: North Andover Master Plan
243 Update&.Zoning Bylaw Revision-technical proposal; Annual.Town Meeting: Amend Bylaw Section 8-Med. Marijuana
244 Treatment Facilities,Amend Zoning Map to Expand MMOD,ANR PL 1.5933,Host Community Agreement Authorization,
245 municipal-guidance-august-2016, Section 8.12.
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