HomeMy WebLinkAbout2018-02-20 Planning Board Minutes Town of North Andover a64�
PLANNING BOARD
Dolan Simons, Chairman • ' E"itcan Goldberg I
Peter Boynton Aaron Preston
rrr Christine Allen,Associate
Jennifer Luz
TuesdaV Februarp.20 2018 7 p.m. 120 Main Street Town Hall North Andover A 01845"
1
2 Present: J. Simons, P.Boynton,J.Luz,E. Goldberg,A.Preston,C.Allen
3 Absent:
4 Staff Present: J. Enright,M. Gregoire, B. 'Wolstromer
5
6 J. Simons Chairman: The Planning Board meeting for Tuesday, February 20, 2018 was called to order at 7 p.m.
7
8 Master Plan Update,RKG Associates
9 Erik Halvorsen&Eric Kfoury provided an update on the Master Plan; discussed elements of the Master Plan and
10 explained the process including vision statement, goals, strategies, etc. and requested feedback and comments
11 from the Planning Board. The next public forum is March 15 @ 6:30 p.m. at NAl IS. All are welcome.
12
13 ANR
14 71 Riverview Street: Request by John Conlon and Sean Ferris
15 J. Enright: 71 Riverview St. currently spans the roadway easement and extends to the Merrimack River. The
16 proposed.ANR separates the lot into two parcels. One parcel is 8,163 sq. ft. with an existing home on it and the
17 other is approx. 22, 500 sq.ft. with an existing garage. The minutes from this past October were included in the
18 Board's packet. At this meeting an ANR Plan for 67 Riverview Street was approved and the applicant
19 communicated that he intended to extend the dead end street and create a definitive subdivision with potentially
20 three lots including a hammerhead turnaround. That is not what is being presented tonight.
21 S. Ferris: Presented his Plan.
22 Board: Consensus that the presented plans shows Lot B2 as non-conforming in frontage and area. The R-4 district
23 requires 12,500 sf and 100 feet of contiguous frontage. Showing additional lots is critical to understanding the
24 overall development and intent of the potential subdivision. This would create a legally non-conforming lot.The
25 sentiment of the Board was to deny the Form A.
26 S.Ferris: Agreed to amend the Plan to show the full intent of the project with required frontage and area for the
27 lots.
28 MOTION: E. Goldberg made a motion to deny the Foran A for 71 Riverview Street as presented because the new
29 lot does not provide adequate frontage and it creates a lot that is legally non-conforming. The Board deemed it
30 does not have sufficient grade and construction. J.Luz seconded the motion.The vote was 5-0 unanimous in
31 favor.
32
33 PUBLIC HEARINGS
ARINGS
34 CONTINUED PUBLIC HEARING, Corner of bill Road and Johnson Street (Map 107A, Lots
35 294146,293 28),TKZ LLC: Application for a Land Disturbance Permit in connection with proposed
36 construction of four detached single-family homes with site grading, driveways, septic systems, and service
37 utilities within the Residential 2 (R-2)Zoning District.
38 M. Gregoire:All concerns have been addressed. The draft decision has been prepared. 1
39 MOTION: A.Preston made a motion to close the public hearing for the Land Disturbance Permit for the Corner f
40 of Mill Road and Johnson Street(Map 107A,Lots 294, 46, 293,28). E. Goldberg seconded the motion. The vote
41 was 5-0 unanimous in favor.
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Town of North Andover
PLANNINGBOARD
John Simons, Chairman Eitan Goldberg
Aaron Freston
Jennifer Lug
Feuer Boynton w Aaron
Christine Allen,,Associate
TuesdaV February 20 2018 7p.m. 120 Main Street Town Hall North Andover MA 01845
42 MOTION: E. Goldberg made a motion to approve the Land Disturbance Permit for the Corner of Mill Road and
43 Johnson Street(Map 107A,Lots 294, 46,293 and 28)as amended. P. Boynton seconded the motion. The vote was
44 5-0 unanimous in favor.
45
46 DISCUSSIONS
47 Kelse Lane Brian Vau hn: Scriveners error and otential sale of 2 Lots to a Foran I covenant or for Form J lot
48 releases
49 J. E7�ht: Kelsey Lane was approved in October of 2009;the plans and associated documents were recorded.
50 There was an error on several of the documents. The documents should have referenced Lots 2 and 3; however,
51 they reference Lot 1.
52 B. Vaughan: Lot l (applicant's residence)fronts on Spring Hill Rd;Lots 2 &3 front on Molly Towne Rd. When
53 the documents were prepared, it referenced lots 1 &2 instead of lots 2 &3.
54 J. Enri t: This is a definitive subdivision which waived all roadway construction.Two driveways will be
55 constructed. The Form M and the Driveway Easement is clearly a scrivener's error. The Foran I covenant needs to
56 be addressed which protects these lots from not being sold until the driveways are constructed. The applicant
57 wishes to sell these lots to a developer.
58 MOTION: E. Goldberg made a motion to direct the Town Planner to correct the scriveners errors involving lots 1,
59 2 &3 for Kelsey Lane for the driveway casement and the Form M, as described in the materials to make the
60 correct designations as they were meant to be originally made as approved by the Planning Board in 2009 and
61 pursuant upon review by Town Counsel. J. Luz seconded the motion. The vote was 5-0 unanimous in favor.
62 B. Vaughan: When originally approved,the lot fronting on Spring Hill Rd was a frilly completed road. It didn't
63 need to be subject to a Form I covenant. It already had access and a house existed. It is a scriveners error because
64 the currently existing Form I restricts lots 1 &2, but does not restrict lot 3. 1 was seeking to amend it so that lots 2
65 &3 would be subject to the Form I and lot 1 would be released from it. To sell the two lots we need a release for 2
66 &3. The current Form I restricts sale of the lots until they are released.
67 Board: Given the scope of this approval, if the bond is in place it should be ok to release the lots.
68 B. Vaughan: The buyer will post a bond prior to closing.
69 J. Simons: Get the bond in place; DPW and the Planner to sign off and we'll release the Covenant.
70 MOTION: E. Goldberg moved to allow the Town Planner,upon review and approval by Town Council,to correct
71 the scriveners error on the Form 1, as indicated in the materials. J. Luz seconded the motion.The vote was 5-0
72 unanimous in favor.
73
74 660 Great Pond.Road Map 63 Lot 11 Southern New England Conference of the United Methodist Church:
75 Request a.Waiver of a Watershed Protection District Special permit
76 M.Gregoire: This applicant is requesting a waiver in the surface water supply watershed. The project involves
77 repaving and paving of a portion of the existing pavement and compacted access gravel driveway. Planning and
78 Conservation has reviewed the project; Conservation noting the applicant should maintain any flags placed by the
79 surveyor.
80 Dennis Griecei, Civil Eni*incer-Andover Consultants Inc. &Rev. Dr. Lawrence Jay: Explained this is a 33.6 acre
81 lot on Lake Cochichewick; involving the long access drive to the conference center off Great Pond Road. Isolated
82 wetlands on the property have been flagged and the mean high wafter of the lake has been located. The long drive
83 is in disrepair. They are looking to pave the front portion and the second portion closer to the retreat center to
2
Town of`North Andover
PLANNING BOARD
l
John Simons, Chairman � •' Eitan Goldberg
d Aaron Preston
Peter BoyntonI ,,,
Jenn er Luz :, Christine Allen,Associate
f
TuesdaE February 20 20118 7 .m. 120 Main Street Torun Hatt North Andover MA 01895
84 define where visitors are to be directed.They have a limited budget;timing is of essence for project completion,
85 i.e.prior to spring to enable easy access to visitors, t
86 J. Simons: Asked that the Conservation Restriction on the property be reviewed to ensure this activity can be done.
87 Board: Consensus that this proposal should go through the public hearing process. The DPW Engineer can
88 provide the stormwater review for the project.
f
89
90 Potential Zoning Amendment Articles: j
91
92 127 Marblehead Street: 1
93 Richard Byers. Esq. &Gene Fay,property owner: Explained history of the site as a convenience store with a
94 couple of apartments on the second floor.The parcel is zoned G13 and the owner would like to have it zoned R-4,
95 similar zoning to the surrounding area. The lot size is 4,356 sq. ft. The number of additional apartments would
96 need to be determined based on the bylaw. The applicant is not looking to expand the footprint.
97 Board: Would consider sponsoring the article, once things are lined up.
98
99 Extending Wireless Facilities Permits: Addressed the Board's interest in extending the 300' abutter notification
100 requirement for wireless facility permits. Board discussed options including extending the notification up to 1,000'
101 and/or a hybrid approach of certified and non-certified mailings beyond the 300'. It was determined that another
102 meeting is required for further discussion in order to make any conclusions.
103
104 Citizens Petition-800 Mass. Ave. former Print Museum:
105 Stan Limpert,Petitioner&Pres.NA Historical S ocie1y, 43 Stonecleave Rd. &Tom Zahoruiko: This building has
106 been a museum since 1960.The building is currently vacant. Presented a proposed article to change the parcel
107 zoning from R-3 to B-1.Looking to change zoning in order to look at effective uses similar to what exists in the
108 Old center i.e.,The Brick Store,Hayscales building,professional offices, etc. The building warrants extensive
109 renovation. Other than zoning restrictions,there are no restrictions on the property,this is not an historic structure.
110 Expressed that the applicant is a private entity and needs to do something with the building.
Ill E. Goldberg: Expressed that he felt the suggested uses were suitable.
112 J. Simons: Expressed concern that the building is not contiguous to the other buildings; it's a completely different
113 building of a different era.Anyone can tear it down in the future and build whatever they please(in a B I district)
114 on what is the most sacred,precious ground in the entire town. You'd have no assurance what the town will end
115 up with. This is a big deal and requires more time. If you lose a zoning change you have a bigger problem.
116 T. Zahoruiko: Challenged that either could happen with a home in.R3 or business in B 1 stating that B 1 is the least
1.17 impactful business alternative.
118 Kathy Stevens, 83 Academy Rd.. Expressed that the building was built by her relatives designated as a museum
119 reflecting the town's textile history. Little did they know that the mills would be gone and this building would be
120 left standing. When the textile museum moved to Lowell they took the endowment with them. We desperately
121 need resources. There are no uses for that building that can't be made without zoning or a special permit. We
1.22 would like to preserve the building;the original bell from the mills resides in the cupola; I would be so sad if it
123 were torn down.We are not planning on selling it;we would be willing to withstand any restrictions. We would
124 like to find a potential tenant for reduced rent to do the repairs. We want to continue to own it;we want control of
125 the building for the good of the town.The lost is 1.75 acres(including the headquarters). The building is
126 approx.I 8K sq. ft.
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Town of.North .Andover
PLANING BARD
John Simons, Chairman Eitan Goldberg
r ,
Peter Boynton Aaron Preston
°% of// ! +ChristineAllen
Jennifer Luz }Associate
Tuesda Februa 2Q 2018 7 .m. 120 Main Street Town Hall North Andover A 01845
127 Diane Huster,279 Winter St.: We have been examining this building since 2006.The renovation is estimated at
128 over a million dollars. This building is in the society's backyard. We want to keep the front facade as is, We don't
129 want a destructive neighbor;we'd like a quiet neighbor. We will scrutinize who is going to lease this. Water and
130 mold are becoming serious issues.
131 Susan Haltmaier, 90 Herrick Rd:Under current zoning this has to be residential or museum, There are no more
1.32 museum uses that will happen.The building can't stand as it is;what will happen is that it will deteriorate more
133 and more; eventually there will be nothing,
134 T. Zaboruiko: I build homes for a living and the one thing I wouldn't want to see there is a house.No one will.
135 build an 18,000 sq, ft.house there. The only way to preserve and pay for a building like this is by having a going
136 concern generating revenue for themselves and that building,
137 J. Simons: We don't have much time; you've got to look at the parking and the restrictions you will put on it.A
138 walk thru of the building was scheduled and will be posted for Saturday morning February 24, 2018 at 9 a.m.
139 Board: General consensus that they would like to see the building saved repaired and used.
140
141 505 Sutton Street: Eric Kfoury, Director of Commuqi1y Development on behalf of Minco Development: This is a
142 high level introductory on a proposal that has unfolded very quickly.However there has been a great deal of work
143 leading tip to this resulting in a public/private initiative for a mixed use development at the former Knights of
144 Columbus building(505 Sutton St.).The site includes Parcels 477, 505 &499 Sutton Street behind China
145 Blossom, This has created an opportunity for the town to build a new senior center. Current owner Lou.Miniccuci
146 (Minto)who is present this evening,put forth this proposal and received site approval from the state for a 40B
147 development at the site. They are receptive to our concerns for density; we adjusted the density down by approx.
148 25%. We now have a proposal that works well for everyone involved, It will be a less dense multi-family facility
149 and a l OK sq. ft. senior center with ample, dedicated parking and room for growth included.This will free up the
150 municipal parking lot behind town hall for businesses.The project requires a zoning change, currently it is zoned
151 GB;we anticipate creating an Overlay District. We will present zoning to the Planning Board at your next
152 meeting,March 6, 2018, We hope to establish Multi-Family use on the site similar to what we recently
153 accomplished at Forgetta harm. Housing will be market rate with a mix of units(studio, one and two bedrooms
154 only) meeting our existing housing demand. Our current stock is insufficient, We are anticipating a total of 136
155 units, -The state approved 40B is for 164 units. We will exercise our transportation shuttles more by tapping into
156 assisted living;transporting seniors from downtown to the proposed senior center location, We would like to
157 create a buffer between Surrey Drive and the site,
158 J. Simons: You have a use you want, Multi-Family at a certain density and certain height which of our existing
159 zones accommodates that use and that density?Does one or do you have to create another district or tweak
160 existing language?Is it one article or 3 articles? How long will this proposal take to finalize;there's not that much
161 time prior to Town Meeting, E. Kfoury: We are trying to do this as simple and direct as possible,
162 Pat and&Cheryl Duffy,Abutters, 59 Surrey Drive: Expressed concerns about this project. Stated they moved
163 from Salem,MA to North Andover because we liked this town and the neighborhood, Live directly behind this
164 project. The existing trees provide a wonderful buffer to China Blossom and the former Knights of Columbus. The
165 character of the neighborhood will be lost if a project of this scope; a four story building directly behind the home;
166 it changes the privacy of the back yard. The traffic patterns during rush hour are notable;there are major backups
167 on Sutton St, to the Osgood St. lights currently without adding hundreds of more cars, Expressed that they are
1.68 trying to decide whether to move now and leave town. Would like the mature tree buffer identified on the newly
1.69 altered plan that demonstrates a four story building in the middle.
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Town ref North Andover
PLANNING BOARD
John Simons, Chairman Eitan Goldberg
Fetes Boynton
� � 1� Aaron Freston
"° /i i�°.
Jennifer l�
er Luz Christine Aller,Associate
`l
Tuesday FebruarE 20 2018 7p.m. 120111ain Street Town Hall North Anrlaver, 11TA 01845
170 J. Simons. What's already been approved?Is it 4 stories' Having sketch plans with setbacks will be helpful.
171 E. Kfoury: One of the structures is five stories;the setback on the revised plan is better than what was originally
172 approved.
173
174 Land Disturbance Permit: The bylaw was adopted in 2011. These permits are fairly infrequent, however,we have
175 had a few of these permits recently.The stormwater bylaw permit granting authority is the Planning Board. The
176 bylaw is triggered if there is no other review of a disturbed area of 1 acre or more. Conservation has had review of
177 a portion of the project for all 5 Land Disturbance Permits issued. Currently,their review does not include the
178 stormwater management for the entire area of disturbance. Our bylaw allows some exemptions;The Conservation
179 Administrator has proposed that if an applicant is before Conservation for a portion,that they would also r
180 administer the Stormwater Bylaw. The applicant would then not have to go to two different Boards. j
181 Board: General consensus that they would not be in support of this proposal. j
182
i
183 Solar bylaw: This proposes a new bylaw section to provide zoning for solar. The draft is modeled on the state's
184 model zoning. I incorporated some content from Amesbury, Haverhill and Beverly.At a high level, it has allowed
185 uses in certain districts,some of which would be as-of--right zoning(rooftop and small scale solar)across the town,
186 some by Site flan Review, and others by Special Permit. The Board will review the draft and discuss at the next
187 meeting.
188
1.89 Board Elections:
190 MOTION: J. Luz made a motion to elect Eitan Goldberg as the Chairman.A.Preston seconded the motion. The
191 vote was unanimous 5-0 in favor.
192 MOTION: J. Simons made a motion to elect P. Boynton as the Vice Chairman.A. Preston seconded the motion.
193 The vote was unanimous 5-0 in favor.
194
195 MINUTES APPROVAL
196 MOTION: J. Luz made a motion to approve the February 6, 2018 minutes. A. Preston seconded the motion. The
197 vote was 5-0, unanimous in favor.
198 ADJOURNMENT
199 MOTION: J. Luz made a motion to adjourn the meeting. The motion was seconded by A. Preston. The vote was
200 5-0, unanimous in favor.Meeting adjourned 10:00 p.m.
201
202 MEETING MATERIALS: Planning Board Meeting Agenda February 20,2018,DRAFT Planning Board Meeting Minutes
203 February 6,2018,Masterplan update:MP Final Vision Statement,MP Goals-Strategies,MP Public Forum Flyer 2;71
204 Riverview St.: 170708 Owner Agent Authorization, 171003 Riverview St.Minutes,BANR7lriverview-MSPCS-ANR 24x36
205 20scFfNAL,Locus 71 Riverview Street;Corner of Mill Road&Johnson St.: 180215 Mill Road Johnson Road-
206 LandDisturbance DRAFT;Kelse Lane: 180215 Vaughan Correspondence, Consent to Corrective Amendments
207 (00114696xBC4F6),Definitive Subdivision Plans(00023473xBC4F6,Kelsey Lane Decision,Redline Driveway Easement
208 (00114704xBC4F6),Redline Form 1(00 1 14702xBC4F6),Redline Form.M(00114703-2xBC4F6);660 Great Pond Road: 660
209 Great Pond Road-Proposed Paving Plan,Presentation Color Board 660 Great Pond Road,Waiver Request 660 Great Pond
210 Road Compiled;Potential Zoning Amendments/127 Marblehead St.: 127 Marblehead street handout, 127 Marblehead
211 street Proposed R-4-4 District, 127 Marblehead Street.Article, 180214 Byers Memorandum; 505 Sutton St,.: (no materials); 810
t
5
Town o f"North Andover
PLANNING BOARD
John Simons, Chairman � •, Eitan Goldberg
Peter Boynton Aaron Preston
Jennifer Lug •
Christine Allen,Associate
Tuesday February 20 2018 0, 7 p.m. 12'0 plain Street Town Hall North Andover �lA 01845
212 Mass.Ave.Museum.: 800 Mass Ave Lacus, Warrant Article rezone to B1;Solar: 180215 Solar Energy Systems Bylaw dram,
21.3 MA Gov Model Zoning, Solar Image 1, Solar Image 2, Solar Image 3, Solar linage 4;
214 Stormwater Management Bylaw: Ch 160 Stormwater Management Erasion Control Bylaw,Amendment Stormwater
.215 Management Bylaw;Wireless Abutter Notification: Abutter Notification Options,Abutter Noticing Comparison, 180214
216 Warrant Article draft, 180212 Rivet email comment, 180211 T.Baird email correspondence, 180209 L. Roberts email
217 correspondence, 500' 122 Foster,300' 122 Foster„ 122 Foster 500'parcel map;/142 Greene Street: 142 Greene Street
218 Correspondence.
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