Loading...
HomeMy WebLinkAbout2017-04-18 Planning Board Minutes Town o f North Andover~ .PLANNINGBOARD John Simons, Chairman * ' DrrvicT Kellogg Lynne Rrrdnicki M �.... .. iiia, Lora�MicS'herry Peter Boynton ��Jf Aaron Preston,Assoc. Diesday April 18, 2017 7 p.m. I20 Main Street Town Dail North AndoverMA 0I845 1 l 2 Present: J. Simons,L. Rudnicki, L, McSherry, P. Boynton,A. Preston 3 Absent: D. Kellogg 4 Staff Present: J. Enright,R. Oldham B. Woistromer 5 J. Simons Chairman: The Planning Board meeting for Tuesday, April 18,2017 was called to order at 7 p.m. 6 7 Annual Town Meeting Warrant Article 24, James Stanford DPW Director. Appropriation - Capital 8 Improvement Plan for Fiscal Year 2018 Article 24. Appropriation—Capital Improvement Plan for Fiscal Year 9 2018, To see if the Town will vote to fund.the Capital Improvement Program as listed under the heading"Board of 10 Selectmen/Finance Committee/Town Manager Recommendations"and with the language included, 11 FY'IFS CIP Recommendations Rtm®wd ufi s..lsetnen peltrawizatl 1n Pic—.—mi— �nSoure. 13orraww end- a....r3av aatrr. ..... 26xtalrsaa68ec. 94:._�ePA-14-'P ffi:SEL.::s. 13:..7.3.1 8. C...uet)t'C�+eL E.weess bnntl L7at?.Et 1'_'L41rkR.,.17.=3:51..1a.ttar; fts9aiai4ttiWer2. R5y.1 Ei&Pd R.CI9te,a, sXiyk.1Gk551-R s L,. 1 Faciluties Master Plan S 6;647,500 s - $ - S (4,000.000) $ - S 2.647,5 00'. 2 Playground Improvements(fovmwlde) $ 50,000 $ - $ - 5 (50.000) '$ - $ - 3 Municipal IT(FY16-FY22) $ 50,Ooo S - s - S (60,goo) $ - $ 4 Forestry Vehicle $ 65,000 $ $ S (65,000) $ $ 5 Roadway Improvements(FY18-FY22) S 11210,000 $ (620,000) $ - 5 - 5 - 5 390,000 6 Slriaw.Iks(FY16-FY22) $ 75,000 $ - S - $ - $ (28.755) $ 40.235 I 7 Water S High Street Llghts,Raad 8 Street see p®(FYI 8) $ 475,060 $ - $ - $ - $ - $ 475,000 a Building Maintenance(FY18-FY22) $ 225,000 5 - S - $ - 5 - S 225,000 e Sport-Tura Field Surface Replacement $ 750,000 $ - $ - $ (750,000) $ - $ 10 School IT(FY16-FY22) $ 100,000 $ - $ - $ - $ (22,123) $ 77,877 General Fund Total $ 6„847,600 $ (820,060 $ $ 4,916,600 $ 450,880) $ 3.801,612 11 Ozena..system. S 2,200.600 $ - $ - $ (1,212.500) S, (94,361) $ as'1.19 12 chernlcal Storage Tank&Feed System Improv,. $ '225.000 $ - $ - $ - s '225.000 Water Enterprise Fund Total $ 2,4245,000 $ $ 5 (1,212.„600) $ (94,a81) $ 1,118,11s 13 Improvements to various Pump Stations $ luo.000 $ - $ - 5 {100,000) $ $ Sewer Enterprise Fund Total $ 100,000 8 S $ (100,000) $ $ 14 Mein House Boller S Plumbing Improvements $ 75,000 s - 5 - s (75,000) 5 - 15 Exterior Infrastructure/Grounds Improvements $ 35.000 $ - $ - S (35.000) $ Stevens Estate Fund Total $ 110,000 $ $ - $ (110,000) $ a $ t Total All Funas $ 12,262,000 $.... (620,000) $ ... $ (6,337.600) $[14$,268).. 4,87k7al f that to-.atthis pp p t ti c (I)Th.T roaaurer with the approvalof the Hoard.of Selectmenis authorized to borrow,$4,979,731 for the appropriations,or portions thole of under items 1.,5,0,7,15,10,1 1.and 12 under chapter 44 of the Massachusetts General Law or any other enabling authority and that any premium received by the Towvn uponthe sale of any blonds or notes approved by this vot,less any such premium applied to the payment of the costs of issuance of such bonds or notes,may be applied to the payment of costs approved by this vote in accordance with Chapter 44,Section 24 of the General Laws,thereby reducing the amount authorized.to be borrowed to pay such costs by a Iike amount; (2)The appropriationsfor items I(in part),2,3 and 4 above shall be funded.with free Cash in the:amout of$4,1.65,000,; i i (3)The appropriation for item 9 above shallbe funded with a transfer from Capital Stabilization Fund in the amount of$750,440; (4)The appropriation's for items 6 and 10 above shall be partially funded with excess bond proceeds in the amount or$50,888; (5)The appropriation for item 11 above shall be funded in..part with Water Enterprise fund retained eamings inthe amount of$1.,212,500 and in part with excess bond proceeds in the amount of$94,381; (6)The appropriation for item 13 above shall be funded with Sewer Enterprise fund retained earnings in the amount or$140,000 (7)The appro'priation's for items 14 and 15 above shall be funded with Stevens Estate Fmterprise fund retained earnings 1, 12 in the amount of$110,000;. 13 14 or to take any other action relative thereto. 15 Town Manager j 1 I Town of North Andover .PLANNING BOARD John Simons, Chairman • • Davirll(ellogg Lynne Rudnicki 0 Lora MrcSherrya Peter Bnyntorr `r Aaron Preston,Assoc. hiesdaV April 18 2017 7 p.m. 120 Main Street Town,Hall North Andover" 111A 01845 16 Planning Board Recommendation: [Continued to May 2, 2017 Planning Board Meeting) 17 Vote Required: Two-thirds (2/3)Vote 18 19 20 EXPLANATION: A Capital Improvement Plan (CIP) consists of projects that are major, non-routine 21 expenditures for new construction, major equipment purchase, or improvement to existing buildings, 22 facilities, land or infrastructure with an estimated useful life of five years or�more, and a cost of$25,000 or 23 more.Items in this plan are funded by debt; the Town will issue bonds of 10,15 or 20 years(depending upon 24 the project) and pay principal and interest payments over that term. The bonds may be general obligation 25 (funded by the general tax levy) or special obligation (funded by water or sewer rates).. 26 7 J.Enright: This is a non-zoning warrant article.Line items 5,6,7,11,12& 13 require your review. The packet 28 included the list of roadway improvement projects and the calculation used for the sidewalk fund contribution that 29 is made when you waive sidewalk construction for development projects. There are no bond funds currently field 30 on the streets proposed to be repave& 31 Jim Stanford DPW Director: Reviewed the line item detail. The sidewalk fund contribution amount for 32 development projects that request a waiver of sidewalk construction should be$30 per linear foot going forward.If 33 has been $10 per linear foot spice 1991; 34 J.Enright: This Board does not set that amount,If the amount is to be increased the DPW will have to gain 35 approval for that increase through their authorized approver. 36 P.Boynton:The roadway management system applies and prioritizes information objectively on road conditions 37 against a fixed or limited budget; can it forecast what the back log is? Will the back log grow or are we catching 38 rip to it and is it perhaps declining? 39 J. Stanford: It does allow us to forecast; once you get beyond five years it's difficult to predict;the cost of asphalt 40 fluctuates;we can speak to the consultant. 41 Board: Requested clarification on the scope and cost of the High and Water Streets line item: 42 [Continued to Muy,2, 2017 Planning Board Meeting 43 44 ANR: 45 1975 Salem Street 46 R. Oldham: The applicant is asking to split the lot into 3 lots; Lot one has appropriate frontage; Lot 2 has fifty feet 47 of frontage and. Lot 3 has 75 feet of frontage. They both received a Frontage Exception and Access other than. 48 Legal Frontage and Common Driveway. The plan has been revised to reflect the three lots we originally discussed, 49 the plan eliminates the twenty foot piece they had designated for the abutting piece of property..This conforms to 50 our original discussion of the project. 51 MOTION: L. Rudnicki made a motion to direct the planner to sign off on the Form A for 1975 Salem Street. P. 52 Boynton seconded the motion. The vote was 4-0, unanimous in favor. 53 54 PUBLIC HEARINGS 55 CONTINUED PUBLIC HEARING: Kindred Homes 1099 Salem Street Paul Marchionda: Application for 56 Special Permit for Frontage Exception under sections 7.2.2, 10.3 and 10.31 of the North Andover Zoning 2 1 Town of North Andover PLANNING BOARD John Simons, Chairman � David Kellogg Lora McSherry Lynne Rudnicki �� �,• Peter Baynton Aaron Preston,Assoc.. i t f( I Tuesdar April 18 2017 k ?p.m. 120 Main Street Torun Hall North Andover MA 01845 57 Byla The proposes to subdivide ubdi sexisting 7.4+/- acre parcel into two (2) lets.The property 3 is 58 located mResidential 2 (R-2)zoning district, 59 Applicant requested to continue until the May 2, 2014 meeting. f 60 [Continued to May 2, 2017 Planning Bard Meeting] 61 62 CONTINUED PUBLIC HEARING: 58 Country Club Circle:_Application for a Watershed Special Permit 63 under Sections 4.136, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Applicant proposes to construct a 64 retaining wall, in ground pool, spa,walkway,patio, fence and associated grading and landscaping in the Non- 65 Discharge Zone and Non-Disturbance Zone. The project is located within the Residential 1 (R-1)Zoning District. 66 R. Oldham: We recently received the updated stormwater information;the applicant is in front of the ZBA for a 67 new structure in the watershed; at the last ZBA hearing they asked the applicant to move the pool out of the non- 68 disturbance;the retaining wall remains as a structure in the watershed. The applicant has gained approval to access 69 the North Andover Country Club property in order to delineate that wetland and that should be complete within 70 the next couple of weeks. 71 George Zambouras,Atlantic Engineerin The pool shifted north toward the house; we eliminated rain gardens 72 and provided infiltration trenches around the perimeter of the pool deck; calculations were provided to show we 73 are infiltrating 1.5 times the volume of added impervious. We changed language in the maintenance plan to ensure 74 the methods of de-chlorination are specified are for anytime they discharge their pool. We will be delineating the 75 wetlands to update the 2004 plan that exists. 76 P. Boynton: How do the homeowners carry the knowledge and procedure forward for e.g.the de-chlorination 77 methods? 78 L. Rudnicki: The O &M Plan is referenced in the Decision and the Decision is recorded at the Registry of Deeds. 79 Subsequent owners will have access to it. 80 [Continued to May 2, 2017 Planning Board Meeting] 81 82 CONTINUED: 315 Turnpike Street Merrimack College,Felipe Schwarz; Application for Special Permits for 83 Site Plan Review 8.1, 8.3, 10.3 and 10.31 of the North Andover Zoning Bylaw. The project consists of 84 modification to an existing permit to construct a one (1) story, 6,700 sf expansion to the existing Sakowich 85 Campus Center.The project also proposes an exterior patio area off of the eastern side of the expansion. The 86 second Special Permit proposes to upgrade the existing athletic fields to provide a modern synthetic turf field and 87 running track,viewing bleachers (2,500 seats)with a press box, a new field house building for concessions 88 bathrooms,team/locker rooms, and a small event area. This project is within the R-3 Zoning District. 89 R. Oldham: The Applicant submitted their stormwater review;the Sakowich project received an amended Order of 90 Conditions from the Town of Andover;the Athletic District is still under review and the Applicant expects it to 91 close out in May. The North Andover Conservation is reviewing the Athletic District as a portion of the field is in ' 92 their jurisdiction and they are waiting for the Andover peer reviewer finalizes the review prior to making their 93 decision. 94 MOTION: L. Rudnicki made a motion to close the Public Hearing for the Site Plan Review Decision 95 Modification, 315 Turnpike Street,Merrimack College-Sakowich Center. L. McSherry seconded the motion. The 96 vote was 4-0, unanimous in favor. 97 MOTION: L.McSherry made a motion to approve the Decision for Site flan Review-Modification, 315 Turnpike 98 Street-Sakowich Center, as amended.L. Rudnicki seconded the motion. The vote was 4-0, unanimous in favor. 99 3 Town q f North Andover PLANNING.BOARD John Simons, Chairman M • David Kellogg Lynne Rudnicki Lorry l'Ml'cSherry a • Peter Boynton • .Aaron Preston,Assoc. Tyesday April 18 .201 7 a 7 .m. 120 Main Street Town l=lall .North Andover AIA 01845 100 MOTION: L. Rudnicki made a motion to close the Public Hearing for the Site Plan Review Decision, 315 101 Turnpike Street, Merrimack College-Athletic Improvements, L. McSherry seconded the motion. The vote was 4-0, 102 unanimous in favor. 103 104 MOTION: L. Rudnicki made a motion to approve the Decision for Site Plan Review, 315 Turnpike Street- 105 Athletic Improvements, as amended. P. Boynton seconded the motion. The vote was 4-0, unanimous in favor. 106 107 CONTINUED PUBLIC HEARING,Annual Town Meeting Zoning Articles: 108 J. Enright: A Public Hearing was opened at the last meeting for all zoning articles with the exception of Article 12, 109 which proposes to amend Section 8 by adding Section 8.13: Temporary Moratorium on Recreational.Marijuana 110 Establishments and Retailers. The Public Hearing for this Article has been noticed and is on agenda to open 111 tonight.At the last meeting,the Board voted favorable action on Articles 13, 14 & 15. Deliberation began on 112 Article 9 which proposes to amend Section 8 to include a certain portion of land located at 1600 Osgood Street in 113 the Medical Marijuana Overlay District(MMMOD),to further define the terra"medical marijuana facility"and to 114 further regulate the size and use of a facility. Also, deliberation on Article 11,which proposes to amend tire zoning 115 map to include the land described in Article 9,was continued to tonight's meeting. A revised map dated 116 311712017, identifying the proposed portion of land to be included within the MMOD was introduced at the last 117 hearing. This revision was made to accurately depict the site as reflected on plans recorded at the Registry of 118 Deeds, Suzanne Egan, Town Counsel, is here this evening to help facilitate the discussion and answer any 119 questions the Board may have. 120 121 Torn Lee 96 Wooderest Drive North.Andover&Adam Baranovsky,Atty. for 1600 Osgood St.: We are here 122 tonight to discuss the language for warrant articles 9 & 1 I which were submitted by myself as Citizen Petitions in 123 March, both are amendments to the Town's existing Medical Marijuana Overlay District, as defined in Section 124 8.12 of the North Andover zoning bylaws. With these articles,the owners of 1600 Osgood Street are looking to 125 expand the Town's MMOD while ensuring that the facility shall not serve as a dispensary. We have come before 126 the Board on three occasions. Based on your feedback we have made several amendments and would like your 127 approval on these amendments from a regulatory standpoint and for voter clarity. We also have an overview of the 128 application process from DPH. 129 Michael Rosen,Applicant Counsel: Provided an description and reasoning for proposed amendments. 130 BOARD: Reviewed, discussed and summarized edits to warrant articles, laws governing the term Medical 131 Marijuana, federal & state permits, comparative scale of local and national facilities,the approval process, 132 licenses, inspection v. application of intent, registration according to state guidelines, 5 "business" day v. 5 day 133 turnaround, accurate depiction that"no"dispensary can exist on the property or portion of overlay district, limits 134 to rights of adjoining property owners, solidity of the moratorium ensuring no recreational sales,ratio square 135 footage of space to amount of potential production, percentage ratio for research and development,typical medical 136 marijuana dose v. anticipated local product dernand. 137 S. Egan: Provided a legal analysis and clarification of what was presented. 138 Board: Requested an additional Planning Board meeting be scheduled the week of April 24,2017 to further 139 discuss Articles 9 and 11. 140 141 Article 9: Citizen Petition —Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities. To 1.4.2 see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8 Medical Marijuana 143 Treatment Facilities,by making the following amendments to Subsections 8.12.1,8.12.3, 8.12.4,8.12.6(3)(c),8.12.6 4 I Town of North Andover PLANNING BOARD John Simons, Chairman � � David Kellogg Lynne iRud'nicki „�i1 �V���, ,� •� Lora McSheny Aaron Preston,Assoc. Peter Boynton Tuesda y Aril 18 201 7 .m. Ila Main Street Totwn Ha 1,1 North Andover .NIA 01845 144 ( )and 8.12.6(6)(b)(by identifying text which is deleted as strikethrough and text added as underlined), as follows: 145 146 8.12.1. Establishment: The Medical Marijuana. Overlay District ("MMOD") is established as an overlay district. I 147 The boundariesof the MMOD are shown on the Zoning Map on file with the'Town Clerk and are described below. 148 Within the MMOD, all requirements of the underlying district(s) remain in effect, except where these regulations 149 provide an alternative to such requirements. Land within the MMOD may be used either for (1) a Registered 150 Marijuana Dispensary("RMD"), in which case the requirements set forth in this section shall apply;and/or(2)a use 151 allowed in the underlying district (inclusive of any other overlay district), in which case the requirements of the 152 underlying district shall apply. If the provisions of the MMOD are silent on a zoning regulation, the requirements 153 of the underlying district shall apply. As to an RMD use if I-f the provisions of the MMOD conflict with the 154 requirements of the underlying district,the requirements of the MMOL) shall control. 155 156 8.12.3 Boundaries:Boundaries of the MMOD are shown on the Zoning Map and shall include the following parcels 157 as identified on the FY 2014 Assessor's Zoning Map: Map 77 Parcels 3, 12, 13, 14, & 17; and that portion of Map 1.58 34 Parcel 17 shown on that MMOD Plan dated March 3 2017 attached hereto. 159 1.60 8.12.4 Definitions: where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be 161 interpreted as defined in the Humanitarian Medical Use of Marijuana Act, M.G.L. c.94C, App. §1-1, et seq. the 1.62 "Marijuana Act") and the Department of Public Health Regulations promulgated thereunder, 1.05 CMR 725.001,et 163 seq., and otherwise by their plain language. `.`Medical Marijuana.Facili "means a facilfty used for the_o eration of 164 an RMD in accordance with the Marijuana Act but is not intended to include any facility.that cultivates or handles 165 cannabis for education research or development pursuant to state or federal laves in conjunction with a state or 166 federal agency or other lawful medical hospital. educational or research institute or entity, which uses are not 167 intended to be limited by this Section 8.12_. 168 169 8.12.6(3)(c.). A copy of its Application of Intent for an RMD Ram submitted to the Massachusetts 1.70 Department of Public Health("DPH"); 1.71 172 8.12.6 (4).The SPCA shall within five(5)days receipt,refer copies of the application to the Building Department, 173 Fire Department,Police Department,Board of Health,the Conservation Commission,and the Department of Public 174 Works. These boards/departments shall review the application and shall submit their written recommendations. 175 Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition. 1.76 177 8.12.6(6)(b). No Medical Marijuana Facility 'which sells or dispenses marijuana to the public directly from its 178 facility shall have a gross floor area of less than[2,500] square feet or in excess of[20,000] square feet. AnyMedic_al 179 Mari'uana Facility which is in excess of 20,000 square feet shall not sell or dispense directly to the public from an 180 location on such property. 181. 182 MMOD PLAN 5 t Town of North Andover PLANNING BOARD John Simons, Cliairnman David Kellogg Lynne Rudnicki Lora 1McSheiy Peter Boynton '��� Aaron Preston,Assoc. TuesdaE April 18, 2017L&,..7 p.m. 120,Main Street Town Hall North Andover1llA 01845 "o' A �� k4✓3l �, "`M',�''�''✓//� rih/ 1RtlAA .. .. 1 / }4 1 �o w N rrV� s J lYWM � Q fin( l '" i' chi /l/ ��j ✓/ � �I�iebluN�lN�i nr<Y / / 4N I J/� 1 ✓i Z 1 ri% IN T� Y / W�r11 1.83 � Y'"•� ti, ,..,. 512;1 184 185 Petition of Thomas E.Lee,et at 186 Planning Board Recommendation: [Continued to April 2.5, 2017 Special Planning Board Aleeting[ 187 188 Vote Required: Two Thirds (213)Vote 189 190 Article 1.1: (Citizen Petition-Amendment of the Zoning Map to Include Expanded Medical Marfluana Overlay 191 District. To see if the Town will vote to amend the Zoning Map of the Town of North Andover,Massachusetts by 192 including in the Medical Marijuana Overlay District that portion of Map 34, Parcel 17 shown on that MMOD Plan 193 dated March 3, 2017,attached hereto. 194 195 196 MM©D PLAN 6 Town of North Andover PLANNINGBOARD Jahn Simons, Chairman David Kellogg Lynne Rndnicici �I�,�•. horn HeSheriy� Aaron Preston,Assoc. Peyer Boynton • Tuesday Aril 18 2017 7 p.m. 120 Main Street Town Hall North Andover MA 01845 , ,r i. e .��fN��� (rr°fir.. ` ll ,, ;�� ,L�•�t\+ � �, �I ,mmwn ( �pJ v 4 wig✓r i° ,r' % o P ?. nuriur � l ��AP l V, Yaiaremomwtl 'a i W( curs Ngo 197 .: 198 1.99 Petition of Thomas E.Lee,et at 200 Planning Board Recommendation:[Continued to April 25, 2017 Special Planning Board Meeting' 201 202 Vote Required: Two Thirds (213)Vote 203 204 205 Article 12: Amend the North Andover Zoning Bylaw- Section 8- Supplementary Regulations. To see if the 206 Town will vote to amend the Town of North Andover Zoning Bylaw,Section 8-Supplernental Regulations, by 207 adding Section 8.13 to read as follows: 208 209 Section 8.13. TemporaLy Moratorium on.Recreational Marijuana Establishments and Retailers. 21.0 211 8.13.1 Purpose f 21.2 213 (1) By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law 214 regulating the cultivation, distribution,possession and use of marijuana for recreational purposes. The law provides 21.5 that it is effective on December 15, 2016 and the Cannabis Control Commission is required to issue regulations 216 regarding implementation by September 15, 2017. By vote of the Legislature,the time to issue the regulations was 217 extended until March 15, 2018. 7 Town of North Andover PLANNING BOARD John Simons; Chairman � David Kellogg Lynne Rctrinicki , l°f � „� ; •, Lorre McSherty Peter Boynton Merron Preston,Assoc. Titesday April 18 2017 a 7 p.m. 120 Main Street Town HallNorth Andlover, ILIA 01845 218 219 (2) Currently tinder the Zoning Bylaw,Recreational Marijuana Establishments and Marijuana retailers are not 220 a permitted use in the Town and any regulations promulgated by the State Cannabis Control Commission are 221 expected to provide guidance to the Town in regulating Recreational Marijuana Establishments and Marijuana 222 Retailers.Further,the ballot measure establishes an important provision that authorizes the Town to vote to consider 223 whether to allow on-site consumption of marijuana products,whether to prohibit the operation of one or more types 224 of marijuana establishments in the Town or whether to prohibit all such establishments. The regulation of 225 Recreational Marijuana Establishments and Marijuana Retailers raise novel and complex legal,planning,and public 226 safety issues and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments 227 and Marijuana Retailers and address such novel and complex issues,as well as to address the potential impact of the 228 State regulations on local zoning and to undertake a planning process to consider arnending the Zoning Bylaw 229 regarding regulation of Recreational Marijuana Establishments and Marijuana Retailers and other uses related to the 230 regulation of recreational marijuana. 231 232 (3) The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for 233 recreational Marijuana Establishments and Marijuana Retailers so as to allow the Town sufficient time to engage 234 in a planning process to address the effects of such structures and uses in the Town and to adopt provisions of the 235 Zoning Bylaw in a manner consistent with sound land use planning goals and objectives. 2.36 237 8.13.2. Definitions 238 (1) Manufacture: to compound, blend, extract, infuse or otherwise make or prepare a marijuana product. 239 (2) Marijuana accessories: equipment, products, devices or materials of any kind that are intended or designed 240 for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, 241 producing,processing,preparing,testing,analyzing,packaging,repackaging,storing,containing,ingesting,inhaling 242 or otherwise introducing marijuana into the human body. 243 (3) Marijuana cultivator: an entity licensed to cultivate,process and package marijuana,to deliver marijuana to 244 marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers. 245 (4) Marijuana establishment: a marijuana cultivator,marijuana testing facility,marijuana product manufacturer, 246 marijuana retailer or any other type of licensed marijuana-related business. 247 (5) Marijuana product manufacturer: an entity licensed to obtain,manufacture, process and package marijuana 248 and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer 249 marijuana and marijuana products to other marijuana establishments, but not to consumers. 250 (6) Marijuana products: products that have been manuufactured and contain marijuana or an extract from 251 marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients 252 that are intended for use or consumption, including edible products, beverages,topical products, ointments, oils and 253 tinctures. 254 (7) Marijuana testing facility: an entity licensed to test marijuana and marijuana products, including 255 certification for potency and the presence of contaminants. 256 (8) Marijuana retailer: an entity licensed to purchase and deliver marijuana and marijuana products from 257 marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana. 258 establishments and to consumers. 259 8.13.3. Teruporary Moratorium. 8 Town of`North Andover PLANNING BOARD John Simons, Chairman • • David Kellogg Lynne Rudnicki Lora IcSJaer�aT .Peter Baynton � Aaron Preston,Assoc. 1 J� TuesalaaE Aril 18 2017 7 p.m. 120 Main Street Town Hull North Andover MA 0184:5 260 For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the 261 Town hereby adopts a temporary moratorium on the use of land or structures for Recreational Marijuana 262 Establishments and Marijuana Retailers. The moratorium shall be in effect through June 30, 2018.. During the 263 moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational 264 marijuana in the Town, consider the Cannabis Control Commission regulations regarding Recreational Marijuana 265 Establishments and Marijuana Retailers and related uses, determine whether the town shall restrict any, or all, 266 Recreational Marijuana Establishments and Marijuana Retailers, determine whether the town will prohibit on-site 267 consumption at Recreational Marijuana Establishments and. Marijuana Retailers and shall consider adopting new 268 provisions of the Zoning Bylaw to address the impact and operation of Recreational Marijuana Establishments and 269 Marijuana Retailers and related uses. 270 271 8.13A, Severability. 272 The provisions of this By-law are severable. if any provision, paragraph, sentence, or clause of this fay-law or the j 273 application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not 274 affect the other provisions or application of this bylaw."or take any action relative thereto. 1 275 276 or to take any other action relative thereto, 277 ward of Selectmen 278 Planning Board Recommendation: Favorable Action Recommended. L. Rudnicki recommended favorable 279 action on Article 12, as printed. L.McSherry seconded the motion, The vote was 4-0,unanimous in favor. 280 Vote Required: Two Thirds (2/3)Vote 281 EXPLANATTfIN: The Board of Selectmen is requesting that the Zoning Bylaws be amended to place a 282 moratorium on locating Recreational Marijuana Establishments and Retailers until June 30,2018. The 283 Moratorium will allow the Town sufficient time to consider creating zoning bylaws regulating the location 284 and siting criteria of Recreational Marijuana Establishments and Retailers.As laid out in the initiative 285 passed on November 8,2016 and extended by the legislature,the Cannabis Control Commission must set 286 forth regulations on the sale and use of`recreational marijuana by March 15,2018. Due to;this lag time and 287 the failure of the law to describe the criteria by which the establishments will be evaluated for the purposes 288 of obtaining licenses and the conditions of any such license,the Torun is seeping a temporary moratorium 289 on recreational marijuana establishments and retailers so that the Town can await guidance from the State 290 on the various rules and regulations that will eventually be determined by the Cannabis Control 291 Commission.This moratorium will expire on June 30,2018.It is anticipated that the Town will repeal the 292 temporary moratorium during the Annual Town Meeting of 2018 and replace it with an applicable zoning 293 bylaw.An identical process was followed in 2013 when the Town enacted a temporary moratorium on 294 medical marijuana dispensaries and replaced it with a zoning bylaw, 1, 295 296 J.'Enriaht: The Board of Selectmen votedfavorable action on this Article.They have not voted on article 9 and 111 297 yet; 298 San: The moratorium allows the town to wait until regulations come out;if a zoning moratorium is not in 299 place then there is no zoning to regulate the use;it is advisable; The proponent of the medical marijuana extension, 300 has requested there is a special carve out for medical facilities which I don't re'66mrnend; doing that due to the 301 state of flux. There could be a potential change in the state law: 9 Town of Norah Andover PLANNING BOARD John Simons, Chairman « • David Kellogg Lynne Rardniclri « f 1Y1��1(Y i Lara McSherry Peter Baynton Aaron Preston,Assoc. r , Trresda y April 18 2017 7 p.m. 120 Main Street Town.Hall North Andover MA 01845 302 303 NEW PUBLIC HEARING: 102 South Bradford Street,Greg Penney: Application for a Watershed.Special 304 Permit under Sections 4.136, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Applicant proposes to 305 construct a 440 square foot addition and a 168 square foot screened in porch off of the existing home in the Non- 306 Disturbance and Non-Discharge Zone. The project is located within the Residential 1 (R-1)Zoning District. 307 R. Oldham: Stormwater was received and the plan has been reviewed;the consultant has signed off and a Decision 308 draft has been prepared. 309 John Morin,_Morin Cameron Group, applicant's representative: The existing lot was created in 1955; an ANR plan 310 was done in 2003, because of that, the setbacks are associated with a Watershed Special Permit for a lot created 311 after October 1.994;there are wetland resource areas that exist along the northerly side of the property which.have 312 been reviewed by Conservation.There is a 75 ft. conservation zone, 150 ft. non-disturbance zone and 400 ft.non- 313 discharge zone. The proposed structure is approximately 1600 feet from the lake,the setbacks from the wetlands 314 pull this into the watershed special permit. We are outside of the jurisdiction of the Conservation Commission. 315 The addition is going to occur opposite the wetlands. We have a small portion in the non-disturb and non- 316 discharge zones. One of the criteria for the non-disturb zone is that the structure cannot exceed 25%of the gross 317 floor area;we are less than that for a 440 sq. ft. addition and proposed screened-in porch off the back. The existing 318 roof lines incorporate roof run off associated with the addition and the porch; we are collecting 500 ft. of the 319 existing roof as well. The design has been reviewed by TEC and they propose additional erosion control on the 320 back side of the proposed addition. Our test pits revealed good soils; a deep water table; the property is on Town 321 sewer. 322 L. Rudnicki: The original addition was done and a breezeway was added; there's no watershed special permit or 323 modification? 324 R. Oldham: A ranch addition was completed under a watershed special permit in May of 1999 which was to 325 construct a second floor addition in the watershed and to make right and legalize an in-ground pool; a breezeway 326 was added to connect the existing garage back in 1956. At the time of the application in 1999,the ground floor 327 square footage was 936 sq. ft, and the total sq. ft. was 1,872 sq. ft. 328 J. Enright: We need to confirm when the% increase bylaws were put in effect. The definition for Gross Floor 329 Area is in the bylaw and we can get a determination from the Building Commissioner how it is calculated. 330 J. Morin: is it just the footprint of the building;the bylaw states interior wall to interior wall; it doesn't get into 331 first floor/second floor. I believe the percentages were implemented in 2006. 332 BOARD: Discussed the calculations for gross floor area. 333 [Continued to May 2, 2017 Planning Board Meeting] 334 335 DISCUSSIONS 336 337 Article 4: Authorization to Accept Grants of Easements.To see if the Town will vote to authorize the Board of 338 Selectmen and the School Committee to accept grants of easements for access,water,drainage, sewer,roadway and 339 utility purposes or any public purpose on terms and conditions the Board and Committee deem in the best interest 340 of the Town, 341 342 or to take any other action relative thereto. 343 Board of Selectmen 10 Town of North Andover PLANNING BOARD John Sinxansa Chairman •' )avid Kellogg • Lora cSherry Lynne Rndrri�cki �� �f �91���,��''�'n�;��<`« Aaron Preston,Assoc. Peter Boynton J Tuesday Aril 18 2017 7 p.m. 1.20 Main Street Town.Hall North Andover MA 01845 344 Planning Board Recommendation: Favorable Action recommended. L. Rudnick] recommended favorable 345 action on Article 4. P.Boynton seconded the motion.The vote was 4-0,unanimous in favor. 346 Vote Required: Majority Vote 347 348 Article : Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen 349 and the School Committee to grant casements for access, water, drainage, sewer, roadway and utility purposes or 350 any public purpose on terms and conditions the Board and Committee deem in the best interest of the Town, 351 352 or to take any other action relative thereto. 353 Board of Selectmen 354 Planning Board Recommendation: Favorable Action recommended. L. Rudnicki recommended favorable 355 action on Article S. P. Boynton seconded the motion.The vote was 4-0, unanimous in favor. 356 Vote Required: Two-thirds (213)Vote 357 358 Article 29: Report of the Community Preservation Committee — Appropriation from Communi 359 Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will 360 vote to raise, borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance with the 361 provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the 362 Community Preservation Committee, 363 364 or to take any other action relative thereto. 365 List of Approved Proiects—Community Preservation Fund t 366 367 Description Amount Categ_oi�r 368 Affordable Housing Trust $100,000 Affordable Housing 369 Middle School Athletic Complex- $600,000 Open Space-Recreation 370 Final Design 371 372 Drummond.Playground- $200,000 Open Space-Recreation 373 Playground Renovation Program 374 375 Ridgewood Cemetery Restoration $490,000 Historical Preservation 376 377 Second Burying Ground Preservation $150,000 Historical Preservation 378 379 Stevens Estate Trails $ 12,500 Open Space-Recreation 380 381 Family]=lousing(Francis and Baldwin Street)- $191,660 Affordable l lousing 1 382 Door Replacement and.Exterior Lighting 383 384 Restoration of Historical Fire Equipment $65,000 Historical Preservation 385 386 Stevens Memorial Library- $ 55,300 Historical Preservation 1.1 Town of North Andover PLANNING BOARD John Simons, Chairman +' David Kellogg Lynne Rudnick �� �)lll( ���'. Lora McSherty Peter Boynton • „ �/ J Aaron Preston,Assoc. Tnesday Aril 18 2017 7 P.m. 120 Main Street Town Hall .North Andover MA 4.1845 387 Masonry Refurbishment 388 389 Administrative Costs $ 50,000 Administrative& 390 Operative Expenses 391 Total for requested Projects $1,914,460 392 393 Community Preservation Committee 394 Planning Board Recommendation: Favorable Action recommended.L. Rudnieki made a motion for favorable 395 action. P. Boynton seconded the motion. The vote was 4-0, unanimous in favor. 396 397 Vote Required: Two-thirds(2/3) Vote 398 399 EXPLANATION: The Community Preservation Act(CPA) addresses community issues such as acquisition 400 and preservation of open space,creation and support of affordable housing,acquisition and preservation of 401 historic buildings and landscapes,and creation and support of recreational opportunities.The CPA,adopted 402 at a Special Town Meeting in January 2001, and by the voters at the Town Election in March 2001,levies a 403 3% surcharge on property taxes with two exemptions: $100,000 of the value of every residential property is 404 exempted,and a complete exemption on property owned and occupied by people who qualify for low-income 405 housing or low-or moderate-income senior housing. 406 407 The Community Preservation Committee(CPC)annually recommends how funds should be spent or set aside 408 for future spending among the allowable categories of a) open space; b) historic preservation; c) affordable 409 housing; and d) land for recreational use, with a minimum of 10% required in each of the first three 410 categories. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town 411 Meeting may either approve or reduce the recommended expenditures, but cannot add to them. North 412 Andover received matching funds equal to'$352,354.00 or 22.87% in FY17 from the Commonwealth. 413 414 Brooks School: Land Disturbance Permit 415 R. Oldham: This solar array Land Disturbance permit expired in 2013; consequently they did not construct that 416 project. Conservation extended that permit another year. 417 Ben Axelman,NexAmp Solar: We are working to resurrect this project and potentially complete it this slimmer. We 418 are hoping to discuss how to approach the process. The design of the project hasn't changed. 419 J.Enrig : The site location is across Great Pond Road on 13 acres Brooks owned property; approx.118, 000 square 420 feet (approx. 3 acres) of wooded area. The planner at the time approved the project as the Planning Board's 421 designated agent.At the time it went through stormwater review. 422 J. Simons: The permit expired. You'll have to file for a Land Disturbance permit;you're clear cutting a lot of land. 423 [Continued to May 2, 2017 Special Planning Board Meeting j 424 425 1812 Turnpike Street 426 R. Oldham: In February of 2016,the Planning Board approved a Site Plan Review Special Permit for renovation 427 to an existing structure in order to construct a 5,000 sq. ft., 1.5 story building for an auto repair facility with an 428 attached pizza/sub restaurant at 1812'rumpike Street. The staff received a call about an application for a Class 2 42.9 license to sell used vehicles on this lot. As part of the Planning Board Decision, it was stated under Condition J, 12 Town of North Andover PI,ANN.ING BOARD David Kellogg John Sznrorrs, C'lraxrrnara " '� t Lynne Rudnicki ��q11 11�� �" � •, Lora McSheriy Peter.Baynton Aaron Freston,Assoc. i Tuesday April 18, 2017 ? .nr. 120.)))lain Street To1wn.Mall North Andover,AM 0.1845 f 430 that this project approval does not include automobile sales of new or used cars; this restriction is required due to 431 the parking spaces provided and the parking limitations at the site. Therefore the Board required the Applicant to 432 file a Modification to the existing permit. 433 S.Haight: Our Site flan was approved a year and a half ago;the building is constructed and the business is 434 operating on a temporary Certificate of Occupancy Permit. Final work should be completed within the next few 435 weeks. The Applicant's business has successfully expanded since arriving on this site. The owner predicts the 900 436 sq. ft. restaurant will open within 3-4 months.The finished pavement, striping, signage and landscaping needs to 437 be completed. We originally anticipated 6 internal bays;there's only 4 internal bays. There's 28 parking spaces on 438 site now. The business repairs roughly 15 cars a day. The owner provides services to dealers and has dealer plates 439 on site for his dealer customers. The license application is restricted to 25 cars-it isn't tiered; he would sell 440 approximately five cars at a time. 441 BOARD: Discussed parking issues on site, dealer licenses and enforcement component,use in the General 442 Business District, abutter notification and the need to apply for a Modification before pursuing the Class 2 License 443 application. 444 445 MINUTES APPROVAL 446 MOTION: L. Rudnicki made a motion to approve the April 4,2017 minutes, as amended. P.Boynton seconded 447 the motion. The vote was 4-0,unanimous in favor. 448 449 ADJOURNMENT 450 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by L. McSherry. The 451 vote was 4-0, unanimous in favor, Meeting adjourned @ 10:30 p.m. i 452 453 MEETING,MATERIALS:Planning Board Meeting Agenda April 18,2017;DRAFT Planning Board Minutes April 4,2017; 1975 Salem 454 Street:Plan,Submission_170407;1099 Salem Street:Grading Plan 3 1 17,LOCUS,NOT Plan Rev 3-30-17,Site Plan,Stormwater 455 Calculations 04102017;!48 Country Club Circle:Pool-BMP Maintenance Plan,Review Comment 041317,Site.Plan Updated,Stormwater 456 Review#2 1.70321;315 Turnpike Street,Merrimaelt College: 170418 'Turnpike 31.5 Meru•imacic_Athletic_DIIAFT,170418 Turnpike 457 315 Merrimack Sakowich DRAFT,MC Athletics—Site Plans—Stamped[2017-03-021,MC Sakowvich-Site Plans-Stamped 12017-03-021; f 002 458 South Bradford_Stzeet,..tire Penney: 170418—South Bradford 102-WSP DRAFT,Application,ConCom Comments 170328,LOCUS,Response 459 Comment 170331,Review#1_170329,Review#2 170403,Site Plan Revised 170331,Updated Site Plan 170324;Brooks School Land 460 Disturbance Permit:Decision 130702; 1812 Turnpike Street:Class 2 Application Submitted-170313,Site Plan&Decision RECORDED 1.60318, 461 Parking Calculations_BuildingCommissioner, 462 Article 9 to amend Zonin Bylaw law Section 8 Subsection 8.12:MA101)May Amer(Invent Cit.Pet:1600 Osgood St 2008 ANR and Correction 463 Pian 15932,1600 Osgood Street 2008 ANR plan no 15933,170407 Citizen Petition Proposed Changes Map Amendment,5723-mmol exhibit 464 (color,image),5723-MMOD EXHIBIT(no image,no color),Locus with 4 parcels,MMOD Map Amendment Article XX,Osgood.St 465 Property Record.Cards,MMOD Section 8 Warrant Article Cit.Pet.: 170407 Citizen Petition Proposed Changes,Amend Bylaw Subsection 466 8.12 MMOD Article 8,municipal-guidance-august-2016,PB Meeting Handout RMD Application Overview,Zoning Bylaw EXISTING 467 Subsection 8.12,170418 ATM Article notes;Reereatiai:alMarilitanaMoratoriaiire:Recreational Marijuana Moratorium Article,170407 M. 1 468 Rosen Proposed Changes,170324 A.Maylor BOS email(1),170323 moratorium-effect registered med marijuana; 170,418 Planning Board 469 Report DRAFT;Annual Town Meeting Warrant Articles:Articles 4&5,24&29:North Andover Roadway Improvements FY 2017, 470 Sidewalk Calculations,Roads,ATNI Non-Zoning Article notes,CPC 13