HomeMy WebLinkAbout2014-04-15 Planning Board Minutes PLANNING BOARD r���
Meeting Minutes I
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
1 Present: R. Rowen, L. Rudnicki, L. McSherry, J. Simons, D. Kellogg (left meeting at 8:45pm),
2 Absent: M. Colantoni
3 Staff Present: J. Tymon, J. Enright
4
5 Meeting began at 7:05 pm.
6
7 BOND RELEASE
8 Hitching Post Road: Request for a partial release in the amount of$45,400 of performance G
9 bond.
10 D. Kellogg recused himself.
11 J. Tymon: This is a subdivision that was completed in the 1990s. Bond money has been held
12 because the Staff did not realize there was an Agreement for Judgment in 1994. The Town did
13 not want to approve the proposed sewer system. The judgment was for the Developer. The
14 Town was told to accept the sewer system as designed. The DPW has reviewed the plans and
15 has requested that the Town to retain $12,000 for as-built plans, street conveyance, and
16 maintenance. The bond amount held is $57,400. Including interest the amount is $82,793.
17 Dave Kellogg, 19 Ciderpress Way, Speaking on behalf of daughter, son-in-law and some
18 neighbors: There is a serious problem with the sewer system. When their home was purchased
19 in 1996 they were told it would be connected to town sewer. They had to install a grinding
20 system because the sewer system had not been setup yet. All the residents have installed these
21 and the have been difficult to get maintained. Requested more time before the bond is released
22 so that an attorney could be retained to determine if there is claim against the Developer for
23 misleading statements made in any of the paperwork.
24 Jon Pallazola, 66 Hitching Post Road: There is an intermittent problem replacing the pumps for
25 the sewer system. The pumps themselves are approximately $1,250. It was stated at time of
26 purchase that within two years there would be a connection to the Town sewer line and these
27 pumps would not be needed anymore. Upon hearing of this bond we wanted to try to understand
28 what our rights are.
29 J. Tymon: Read a statement from a letter dated February 4, 1994 from Joel B. Bard, Kopelman
30 & Paige to the Planning Board re: Patnaude v. North Andover Planning Board Land Court C. A.
31 No. 137125.
32 B. Thibodeau, DPW Director: Stated he is not familiar with the issue.
33 R. Rowen: It needs to be determined what the exact settlement design of the sewer system was.
34 J. Simons: We need to know whether it is gravity feed system from the houses to the street and
35 then a pump station from the street or if the homeowners individually had to install pump
36 systems and then gravity feed from the street.
37 Don Borenstein, Attorney representing the applicant requesting the bond: A release of the bond
38 funds was requested in November. This was a request for all of the bond funds. Staff is
39 recommending that $12,000 is held. The Agreement for Judgment states that the sewer system
40 should be installed as shown on the original subdivision plan dated August 6, 1987. There was
11 an as-built plan submitted to the Town in 1997. There is confirmation from Water& Sewer that
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PLANNING BOARD •
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
42 the sewer line is installed in accordance with the original subdivision plan. Provided an as-built
43 plan to the Town Planner.
44 J. Simons: We need to understand the facts. In two weeks we should have the answers.
45 R. Rowen: The as-built needs to show not only what was installed, but there needs to be
46 confirmation that what was installed was as per the Judgment criteria.
47
48 Walgreens, 800 Turnpike Street: Request for release of a $10,000 performance G bond.
49 J. Tymon: Upon a request by the Planning Board several years ago a site visit was conducted to
50 verify the landscaping completed matched what was on the original plan. An as-built has been
51 provided.
52 J. Simons: Expressed that he was not satisfied with the current landscaping. Would like the
53 owner to either improve the landscaping or submit a letter to the Board stating that they do not
54 wish to make improvements.
55 R. Rowen: Typically there is language in the Decision stating that if the Town Planner is not
56 satisfied with the landscaping then changes/additions can be requested.
57
58 PUBLIC HEARINGS
59 CONTINUED PUBLIC HEARING; 80 Saile Way: Application for a Watershed Special Permit.
60 Applicant seeks to continue the use of a cobblestone walkway in the backyard.
61 J. Tymon: There is no one here to represent Saile Way. This is primarily a planting plan.
62 Reviewed the various required planting areas and limit of regular maintenance area. The
63 existing cobblestone walkway can remain as is.
64 MOTION
65 A motion was made by L. McSherry to close the public hearing for 80 Saile Way. The motion
66 was seconded by D. Kellogg. The vote was unanimous, 5-0.
67 A draft Decision was reviewed.
68 J. Tymon: There was a request by the Board to include photographs in the Decision. A
69 requirement for the applicant to provided photos of current and post conditions has been
70 included.
71 J. Simons: These should be provided during growing season and for two years. Expand the
72 Findings of Facts to state there will be a recreation of the 25' non-disturb buffer zone. 5b should
73 be strengthened to include through the 2016 growing season.
74 L. Rudnicki: How much does an as-built plan cost? Is $1,000 enough for the bond? We want to
75 make sure it gets done.
76 J. Tymon: It is on the low side.
77 Board agreed to leave it as $1,000.
78 L. McSherry: It should be stated that there should be no further extension or improvement of the
79 existing cobblestone walkway.
80 MOTION
81 A motion was made by R. Rowen to approve the Watershed Special Permit for 80 Saile Way as
82 amended this evening. The motion was seconded by D. Kellogg. The vote was unanimous, 5-0
83 in favor.
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PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
84
85 NEW PUBLIC HEARING; 316 Great Pond Road: Application for Watershed Special Permit:
86 Applicant seeks to construct an inground pool, patio, shed, fence, and landscaping within the 100
87 foot Non-Disturbance Zone of the Watershed Protection District.
88 J. Tymon: This is a request for a pool and a patio within 100' of a wetland. There is a
89 Conservation Restriction on one side of the property.
90 Jack Sullivan, Engineer: The edge of wetland line depicted on the plan is the Conservation
91 Restriction line for this property. The wetland area is actually protected. The limit of
92 Conservation area is the wetland line. The Order of Conditions when the house was originally
93 built imposed a Conservation Restriction to run on the wetland line.
94 J. Tymon: L. Eggleston has reviewed the stormwater management plan. There is a pool
95 maintenance plan, an infiltration trench, and permeable pavers on the patio. This is still in front
96 of the Conservation Commission and they may require additional plantings.
97 J. Sullivan: The pool, patio, and drainage mitigation are located outside of the 50' no-structure
98 zone from the wetlands. This is really the only place to locate the pool in the rear yard. There is a
99 pervious patio associated with the pool and a retaining wall on the Northerly property line due to
100 the grade. The wall is to retain land on the neighbor's side. The applicant will see the face of
101 wall and the neighbor will see the top of the wall. The wall will not exceed 4' high. The
02 proposed shed is 60 sq. ft. The will be very limited tree removal. There is a crushed stone drip
_03 trench to serve for drainage mitigation. A planting plan is proposed to re-establish the 25' no-
104 disturb zone to the wetland. This area has previously had the grass line extended right to the
105 wetland line. This planting plan will re-establish a native buffer zone. There is a hearing
106 scheduled with the Conservation Commission next week.
107 J. Simons: This is close to the property line. Is it an amicable plan?
108 J Sullivan: The wall is held 6" in from the property line. The neighbors engaged their own
109 engineer to survey and mark the line. We are in agreement with the line. The property owner
110 has spoken with the neighbor. The neighbor did not appear at the Conservation Commission and
111 they are not here tonight. A cartridge system will be used to treat the water. There is not a
112 backwashing of the system.
113 Board: Requested that the Town Planner ask L. Eggleston if she has any concerns surrounding
114 the material used to construct the pool and to confirm that she does not have a concern with the
115 locating the pool right at 50' from the wetland.
116 J. Simons: This should be voted at the next hearing.
117
118 NEW PUBLIC HEARING; 4 High Street: Application for Site Plan Review. Applicant proposes
119 the creation of an additional thirty parking spaces along the u-shaped court on High Street.
120 J. Tymon: This is a proposal to add 30 parking spaces to an existing parking/green space area.
121 The applicant has worked very closely with L. Eggleston. The Conservation Commission has
122 issued a Notice of Negative Determination. They do not have jurisdiction
123 Seth Zeren, RCG: Provided an overview of the overall site plan and proposed site development
24 plan. The objective is to bring additional parking to the center of the site for visitors. The work
25 is primarily limited to the inside of the u-shaped traffic loop and the up against building 6.
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PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
126 Dave Giangrande, Design Consultants, Inc.: Permeable brick pavers will be used to maintain the
127 character of the area. All but one tree will be maintained in the area. Rain gardens will be
128 utilized for stormwater management and they will have landscaping benefits as well. These rain
129 gardens will be adjacent to the permeable pavers. The permeate pavers will allow water to
130 infiltrate and whatever is remaining will travel down pea stone swales into a sod apron and then
131 into a rain garden. As an absolute failsafe there is a perforated pipe underneath and an overflow
132 that comes up so it will not have an impact on the municipal infrastructure on High Street. There
133 are existing catch basins. The overflow will be tied into one of these structures. The entire
134 project is contained within the property. The existing curb cuts and sidewalks will remain.
135 David Steinbergh, RCG: There is no additional lighting planned along High Street at this time.
136 The area is lit and the existing pattern will be kept. This traffic loop will be one-way. There is
137 some room to stockpile snow along building 37. In the past snow removal has been necessary on
138 both sides of the street to other parts of the site. There is an existing crosswalk to East Mill that
139 will remain.
140 MOTION
141 A motion was made by R. Rowen to close the public hearing for 4 High Street. The motion was
142 seconded by D. Kellogg. The vote was unanimous, 5-0.
143 A draft Decision was reviewed.
144 MOTION
145 A motion was made by R. Rowen to approve the Site Plan Review Special Permit for 4 High
146 Street as amended. The motion was seconded by D. Kellogg. The vote was unanimous, 5-0.
147
148 CONTINUED PUBLIC HEARING: Annual Town Meeting Zoning Articles.
149 Planning Board Report—April 15, 2014
150 The Planning Board makes the recommendations regarding the following Town Meeting warrant
151 articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
152
153 Article 30: Amend Zoning Bylaw — Section 8: Supplementary Regulations by replacing
154 Subsection 8.11: Wind Facilities. To see if the Town will vote to amend the Town of North
155 Andover Zoning Bylaw, by replacing Section 8.11 Wind Facilities with the following,
156 or to take any other action relative thereto.
157
158 Section 8.11 Wind Facilities
159
160 8.11.1 Purpose
161
162 (1) The purpose of this bylaw is to provide standards for the placement, design, construction,
163 operation, monitoring, modification and removal of wind facilities that address public
164 safety, minimize impacts on scenic, natural and historic resources and to provide
165 adequate financial assurance for the eventual decommissioning of such facilities.
166
167 (2) The provisions set forth in this bylaw shall take precedence over all other bylaws when
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PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
168 considering applications related to the construction, operation, and/or repair of land-
169 based wind facilities.
170
171 (3) No wind facilities shall be placed, constructed or modified within the Town without first
172 obtaining approval from the Special Permit Granting Authority (SPGA). The Planning
173 Board shall be the Special Permit Granting Authority for the issuance of a Special Permit
174 to allow the placement, construction and modification of wind facilities within the town.
175 This bylaw is intended to be used in conjunction with other regulations adopted by the
176 Town, and other zoning and general bylaws designed to encourage appropriate land use,
177 environmental protection, preservation of the rural character, and the provision of
178 adequate infrastructure development in North Andover.
179
180 8.11.2 Applicability
181
182 This section applies to all utility-scale and on-site wind facilities proposed to be constructed after
183 the effective date of this section. This section also pertains to physical modifications to existing
184 wind facilities that materially alter the type, configuration, location or size of such facilities or
185 related equipment.
86
87 8.11.3 Definitions
188
189 (1) Critical Electric Infrastructure (CEI): electric utility transmission and
190 distribution infrastructure, including but not limited to substations,
191 transmission towers, transmission and distribution poles, supporting
192 structures, guy-wires, cables, lines and conductors operating at voltages
193 of 13.8 kV and above and associated telecommunications infrastructure.
194 CEI also includes all infrastructure defined by any federal regulatory
195 agency or body as transmission facilities on which faults or
196 disturbances can have a significant adverse impact outside of the local
197 area, and transmission lines and associated equipment generally
198 operated at voltages of 100 kV or higher, and transmission facilities
199 which are deemed critical for nuclear generating facilities.
200
201 (2) Height: The height of a wind facility measured from natural grade to the
202 tip of the rotor blade at its highest point, or blade-tip height. This
203 measure is also commonly referred to as the maximum tip height
204 (MTH).
205
206 (3) Wind Facility: All of the equipment, machinery and structures together
207 utilized to convert wind to electricity. This includes, but is not limited
"08 to, developer-owned electrical equipment, storage, collection and
39 supply equipment, service and access roads, and one or more wind
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PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
210 facilities.
211
212 (4) Wind Monitoring or Meteorological Tower: A temporary tower
213 equipped with devices to measure wind speed and direction, to
214 determine how much electricity a wind facility can be expected to
215 generate.
216
217 8.11.4 Application Procedures
218
219 (1) The construction and operation of all such proposed wind facilities shall be consistent
220 with all applicable local, state and federal requirements, including but not limited to all
221 applicable safety, construction, environmental, electrical, communications and aviation
222 requirements.
223
224 (2) A Special Permit for the construction of wind facilities designed to service the principal
225 use may be granted by the Planning Board in all zoning districts subject to the following
226 requirements and the Special Permit provisions of Section 10.3.
227
228 (3) All plans and maps shall be prepared, stamped and signed by a professional engineer
229 licensed to practice in Massachusetts.
230
231 (4) The application shall contain the following documents:
232
233 a) A site plan showing the following information:
234 i. Property lines and physical dimensions of the site parcel and adjacent parcels
235 within 500 feet of the site parcel;
236 ii. Outline of all existing buildings, including purpose (e.g. residence, garage, etc.)
237 on site parcel and all adjacent parcels within 500 feet of the site parcel,
238 including distances from the wind facility to each building shown;
239 iii. Location of the proposed tower, foundations, guy anchors, access roads, and
240 associated equipment;
241 iv. Zoning designation for the parcel;
242 v. Location of all existing and proposed roads, both public and private, and
243 including temporary roads or driveways, on the site parcel and adjacent parcels
244 within 500 feet of the site parcel;
245 vi. Location of all existing above ground or overhead gas or electric infrastructure,
246 including Critical Electric Infrastructure, and utility rights of way (ROW) and
247 easements, whether fully cleared of vegetation or only partially cleared, within
248 500 feet of the site parcel;
249 vii. Existing areas of tree cover, including average height of trees, on the site parcel
250 and any adjacent parcels within a distance, measured from the wind facility
251 foundation, of 3.0 times the MTH;
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Meeting Minutes
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April 15, 2014
Town Hall, 120 Main Street
7:00 PM
252 viii. Location of all wetlands on the parcel;
253 ix. Proposed changes to the landscape of the site, grading, vegetation clearing and
254 planting, exterior lighting (other than FAA lights), screening vegetation or
255 structures;
256
257 b) Documentation of the wind facility's manufacturer and model, rotor diameter, tower
258 height, tower type (freestanding or guyed), and foundation type/dimensions;
259
260 c) Name, address, phone number and signature of the applicant, as well as all co-
261 applicants or property owners, if any;
262
263 d) The name, contact information and signature of any agents representing the applicant;
264
265 e) A operations and maintenance plan for the wind facility;
266
267 f) A construction plan indicating manufacturer's specifications for the tower materials,
268 construction details and details for footing and guying.
269
70 g) A statement that evidences the wind facility's conformance with Section 9.c., listing
_71 existing ambient sound levels at the site and maximum projected sound levels from
272 the wind facility;
273
274 8.11.5 Waivers
275
276 Documentation requirements may be waived at the discretion of the Planning Board.
277
278 8.11.6 Site Control
279
280 The applicant shall submit documentation of actual or prospective access and control of the
281 project site sufficient to allow for installation and operation of the proposed wind facility.
282 Control shall include the legal authority to prevent the use or construction of any structure for
283 human habitation, or inconsistent or interfering use, within the setback areas.
284
285 8.11.7 Temporary Meteorological Towers (MET Towers)
286
287 A building permit shall be required for stand-alone temporary met towers. A Special Permit
288 shall not be required for MET towers. MET towers shall not be located within setback distance
289 from the sideline of any utility ROW.
290
291 8.11.8 Design Requirements
-32
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Town Hall, 120 Main Street
7:00 PM
293 (1) No tower inclusive of its appurtenant device(s) shall exceed 150 feet in height nor be
294 erected nearer to any property line than a distance equal to ten (10) times the blade
295 diameter, unless the Board determines such restriction to be unnecessary due to the
296 shape, topography, use or ownership of the abutting property and the Board determines
297 that a reduction to this setback requirement will not substantially derogate from the intent
298 or purpose of this subsection.
299
300 (2) Wind facilities shall be lighted only if required by the FAA. Lighting of other parts of the
301 wind facility, such as appurtenant structures, shall be limited to that required for safety
302 and operational purposes, and shall be reasonably shielded from abutting properties.
303 Except as required by the FAA, lighting of the wind facility shall be directed downward
304 and shall incorporate full cut-off fixtures to reduce light pollution.
305
306 (3) Signs on wind facilities shall comply with the Town's sign by-law. The following signs
307 shall be required:
308
309 a) Those necessary to identify the owner, provide a 24-hour emergency contact phone
310 number, and warn of any danger.
311
312 b) Educational signs providing information about the facility and the benefits of
313 renewable energy.
314
315 (4) Wind facilities shall be erected in such a manner to inhibit unauthorized access, either in
316 the form of a suitable locked gate and fence surrounding the base of the tower, a non-
317 climbable section of tower to a height of 10 feet above the ground or other means
318 determined suitable by the Board.
319
320 (5) Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to
321 place all developer-owned utility connections from the wind facility underground,
322 depending on appropriate soil conditions, shape, and topography of the site and any
323 requirements of the utility provider. Utility owned electrical equipment required for
324 utility interconnections may be above ground, if required by the utility provider.
325
326 (6) All appurtenant structures to wind facilities shall be subject to applicable regulations
327 concerning the bulk and height of structures, lot area, setbacks, open space, parking and
328 building coverage requirements. All such appurtenant structures, including but not
329 limited to, equipment shelters, storage facilities, transformers, and substations, shall be
330 architecturally compatible with each other and contained within the wind facility tower
331 whenever technically and economically feasible. Whenever reasonable, structures should
332 be shaded from view by vegetation and/or located in an underground vault and joined or
333 clustered to avoid adverse visual impacts.
334
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Town Hall, 120 Main Street
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335 (7) A wind facility may not be sited within:
O Y Y
336
337 a) a distance equal to ten (10) times the blade diameter of the wind facility from
338 buildings, critical infrastructure—including Critical Electric Infrastructure and above-
339 ground natural gas distribution infrastructure—or private or public ways that are not
340 part of the wind facility;
341
342 b) a distance equal to ten (10) times the blade diameter of the wind facility from the
343 nearest existing residential or commercial structure.
344
345 (8) Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts.
346 The applicant has the burden of proving that this effect does not have significant adverse
347 impact on neighboring or adjacent uses.
348
349 8.11.9 Operations
350
351 (1) The applicant shall maintain the wind facility in good condition. Maintenance shall
352 include, but not be limited to, painting, structural repairs, emergency braking (stopping)
53 and integrity of security measures. Site access shall be maintained to a level acceptable to
_54 the local Fire Chief and Emergency Medical Services. The project owner shall be
355 responsible for the cost of maintaining the wind facility and any access road(s), unless
356 accepted as a public way.
357
358 (2) The operation of any facility authorized by the Board shall not cause interference to
359 neighboring television and radio reception, and, if such occurs any time after installation,
360 the applicant shall, in a timely manner and at his expense, correct the cause of the
361 interference as determined by a qualified engineer/technician.
362
363 (3) The operation of the wind facility shall not exceed thirty (30) dB as measured at the
364 applicant's property lines, and, if such excess noise occurs any time after installation, the
365 applicant shall, in a timely manner and at his expense, correct the cause of the noise as
366 determined by a qualified en inee r/tec
hnician.
367
368 (4) The applicant shall maintain the facility and all devices authorized by the Board in a
369 manner that ensures its continued performance and safety. It shall be the responsibility of
370 the applicant to annually inform (in writing) the Inspector of Buildings that the tower and
371 all devices are in good operating condition and in continued use.
372
373 (5) The applicant shall provide a copy of the project summary, electrical schematic, and site
374 plan to the police and fire departments, and/or the local emergency services entity
-75 designated by the local government, as well as the local electrical utility company. Upon
76 request the applicant shall cooperate with local emergency services in developing an
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Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
377 emergency response plan. All means of disconnecting the wind facility shall be clearly
378 marked. The applicant or facility owner shall identify a responsible person for public
379 inquiries or complaints throughout the life of the project.
380
381 (6) Wind facilities shall be designed to prevent unauthorized access. For instance, the towers
382 of wind shall be designed and installed so that step bolts or other climbing features are
383 not readily accessible to the public and so that step bolts or other climbing features are
384 not installed below the level of 8 feet above the ground. Electrical equipment shall be
385 locked where possible.
386
387 (7) Clearing of natural vegetation shall be limited to that which is necessary for the
388 construction, operation and maintenance of the wind facility or otherwise prescribed by
389 applicable laws, regulations, and bylaws, and subject to existing easements, restrictions
390 and conditions of record.
391
392 8.11.10 Modifications
393
394 All material modifications to a wind facility made after issuance of the required building
395 permit shall require approval by the Site Plan Review Authority.
396
397 8.11.11 Removal Requirements
398
399 Any wind facility which has reached the end of its useful life or has been abandoned shall be
400 removed. The owner/operator shall physically remove the facility no more than 150 days after
401 the date of discontinued operations. The applicant shall notify the Site Plan Review Authority by
402 certified mail of the proposed date of discontinued operations and plans for removal.
403 Decommissioning shall consist of:
404
405 (1) Physical removal of all wind facilities, structures, equipment, security barriers and
406 transmission lines from the site.
407
408 (2) Disposal of all solid and hazardous waste in accordance with local, state, and federal
409 waste disposal regulations.
410
411 (3) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan
412 Review Authority may allow the owner to leave landscaping or designated below-grade
413 foundations in order to minimize erosion and disruption to vegetation.
414
415 (4) Applicants for utility-scale wind facilities shall provide a form of surety, either through
416 escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in
417 the event the town must maintain or remove the facility and remediate the landscape, in
418 an amount and form determined to be reasonable by the Site Plan Review Authority, but
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April 15, 2014
Town Hall, 120 Main Street
7:00 PM
419 in no event to exceed more than 125 percent of the cost of removal and compliance with
420 the additional requirements set forth herein, as determined by the applicant. Such surety
421 will not be required for municipally or state- owned facilities. The applicant shall submit
422 a fully inclusive estimate of the costs associated with removal, prepared by a qualified
423 engineer. The amount shall include a mechanism for calculating increased removal costs
424 due to inflation.
425
426 8.11.12 Abandonment
427
428 Absent notice of a proposed date of decommissioning or written note of extenuating
429 circumstances, the wind facility shall be considered abandoned when the facility fails to operate
430 for more than one year without the written consent of the Site Plan Review Authority. If the
431 applicant fails to remove the facility in accordance with the requirements of this section within
432 150 days of abandonment or the proposed date of decommissioning, the town may enter the
433 property and physically remove the facility.
434 Planning Board
435 Planning Board Recommendation: Favorable Unfavorable
436 Vote Required: Two-third (2/3) Vote
37 MOTION
38 A motion was made by L. Rudnicki to recommend Favorable Action on Article 30. The motion
439 was seconded by L. McSherry. The vote was unanimous, 4-0 (D. Kellogg left meeting prior to
440 vote).
441
442
443 EXPLANATION: Last year, a vote of Annual Town Meeting placed a moratorium on the
444 installation of wind energy systems until July 1, 2014. This Article allows wind turbines in
445 all zoning districts, with a height restriction of 150 feet and setback provisions from
446 property lines, structures, and infrastructures.
447
448
449
450 Article 31: Amend Zoning Bylaw — Section 8: Supplementary Regulations by replacing
451 Subsection 8.12: Medical Marijuana Treatment Facilities. To see if the Town will vote to
452 amend the Town of North Andover Zoning Bylaw, by replacing Section 8.12 Medical Marijuana
453 Treatment Center with the following,
454 or to take any other action relative thereto.
455
456 Section 8.12 Medical Marijuana Overlay District
457
458 8.12.1 Establishment: The Medical Marijuana Overlay District ("MMOD") is established as
459 an overlay district. The boundaries of the MMOD are shown on the Zoning Map on file
60 with the Town Clerk and are described below. Within the MMOD, all requirements of
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Meeting Minutes
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Town Hall, 120 Main Street
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461 the underlying district(s) remain in effect, except where these regulations provide an
462 alternative to such requirements. Land within the MDOD may be used either for (1) a
463 Registered Marijuana Dispensary ("RMD"), in which case the requirements set forth in
464 this section shall apply; or(2) a use allowed in the underlying district, in which case the
465 requirements of the underlying district shall apply. If the provisions of the MMOD are
466 silent on a zoning regulation, the requirements of the underlying district shall apply. If
467 the provisions of the MMOD conflict with the requirements of the underlying district,
468 the requirements of the MMOD shall control.
469
470 8.12.2 Purpose: To provide for the placement of RMDs, in accordance with the Humanitarian
471 Medical Use of Marijuana Act, M.G.L. c.94C, App. §1-1, et seq., in locations suitable
472 for lawful medical marijuana facilities and to minimize adverse impacts of RMDs on
473 adjacent properties, residential neighborhoods, historic districts, schools, playgrounds
474 and other locations where minors congregate by regulating the siting, design,
475 placement, security, and removal of RMDs.
476
477 8.12.3 Boundaries: Boundaries of the MMOD are shown on the Zoning Map and shall include
478 the following parcels as identified on the FY 2014 Assessor's Zoning Map: Map 77
479 Parcels 3, 12, 13, 14, & 17.
480
481 8.12.4 Definitions: where not expressly defined in the Zoning Bylaws, terms used in the
482 MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of
483 Marijuana Act, M.G.L. c.94C, App. §1-1, et seq. and the Department of Public Health
484 Regulations promulgated thereunder, 105 CMR 725.001, et seq., and otherwise by their
485 plain language.
486
487 Registered Marijuana Dispensary: also known as a Medical Marijuana Treatment
488 Center, means a not-for-profit entity registered under 105 CMR 725.100, that acquires,
489 cultivates, possesses, processes (including development of related products such as
490 edible marijuana-infused products ("MIPs"), tinctures, aerosols, oils, or ointments),
491 transfers, transports, sells, distributes, dispenses, or administers marijuana, products
492 containing marijuana, related supplies, or educational materials to registered qualifying
493 patients or their personal caregivers. Unless otherwise specified, RMD refers to the
494 site(s) of dispensing, cultivation,preparation, sale and distribution of marijuana.
495
496 8.12.5 Location:
497
498 (1) RMDs may be permitted in the MMOD pursuant to a Special Permit.
499
500 (2) RMDs may not be located within 500 feet of the following:
501
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502 a) School, including a public or private elementary, vocational, or secondary
503 school or a public or private college,junior college, or university;
504 b) Child Care Facility;
505 c) Library;
506 d) Playground;
507 e) Public Park;
508 f) Youth center;
509 g) Public swimming pool;
510 h) Video arcade facility; or
511 i) Similar facility in which minors commonly congregate.
512
513 (3) The distance under this section is measured in a straight line from the nearest point
514 of the property line of the protected uses identified in Section 8.12.5 (2). to the
515 nearest point of the property line of the proposed RMD.
516
517 (4) The distance requirement may be reduced by twenty-five percent or less, but only
518 if:
519
20 a) The applicant demonstrates that the RMD would otherwise be effectively
_21 prohibited within the municipality;
522
523 b) The applicant demonstrates that the RMD will employ adequate security
524 measures to prevent diversion of medical marijuana to minors who are not
525 qualifying patients pursuant to 105 CMR 725.004
526
527 8.12.6 Procedure:
528
529 (1) The Planning Board shall be the Special Permit Granting Authority (SPGA) for a
530 RMD special permit.
531
532 (2) The minimum lot size for the location of an RMS within the Overlay District is one
533 acre.
534
535 (3) Application: In addition to the materials required under Section 10.3 the applicant
536 shall include:
537
538 a) The name and address of each owner of the facility/operation;
539
540 b) Evidence that the Applicant has site control and the right to use the site for a
541 facility in the form of a deed or valid purchase and sale agreement, or, in the
-42 case of a lease, a notarized statement from the property owner and a copy of the
43 lease agreement;
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544
545 c) A copy of its registration as an RMD from the Massachusetts Department of
546 Public Health ("DPH");
547
548 d) A detailed floor plan of the premises of the proposed RMD that identifies the
549 square footage available and describes the functional areas of the RMD,
550 including areas for any preparation of MIPs;
551
552 e) Detailed site plans that include the following information:
553
554 i. Compliance with the requirements for parking and loading spaces, for lot
555 size, frontage, yards and heights and coverage of buildings, and all other
556 provisions of this Bylaw;
557
558 ii. Convenience and safety of vehicular and pedestrian movement off the site,
559 if vehicular and pedestrian traffic off-site can reasonably be expected be
560 substantially affected by on-site changes;
561
562 iii. Adequacy as to the arrangement and the number of parking and loading
563 spaces in relation to the proposed use of the premises, including
564 designated parking for home delivery vehicle(s), as applicable;
565
566 iv. Design and appearance of proposed buildings, structures, freestanding
567 signs, screening and landscaping; and
568
569 v. Adequacy of water supply, surface and subsurface drainage and light.
570
571 vi. A description of the security measures, including employee security
572 policies, approved by DPH for the RMD;
573
574 vii. A copy of the emergency procedures approved by DPH for the RMD;
575
576 viii. A copy of the policies and procedures for patient or personal caregiver
577 home-delivery approved by DPH for the RMD;
578
579 ix. A copy of the policies and procedures for the transfer, acquisition, or sale
580 of marijuana between RMDs approved by DPH;
581
582 x. A copy of proposed waste disposal procedures; and
583
584 xi. A description of any waivers from DPH regulations issued for the RMD.
585
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586 (4) The SPGA shall refer copies of the application to the Building Department, Fire
587 Department, Police Department, Board of Health, the Conservation Commission,
588 and the Department of Public Works. These boards/departments shall review the
589 application and shall submit their written recommendations. Failure to make
590 recommendations within 35 days of referral of the application shall be deemed lack
591 of opposition.
592
593 (5) After notice and public hearing and consideration of application materials,
594 consultant reviews, public comments, and the recommendations of other town
595 boards and departments, the SPGA may act upon such a permit.
596
597 (6) Special Permit Conditions on RMDs: The SPGA shall impose conditions
598 reasonably appropriate to improve site design, traffic flow, public safety, protect
599 water quality, air quality, and significant environmental resources, preserve the
600 character of the surrounding area and otherwise serve the purpose of this section. In
601 addition to any specific conditions applicable to the applicant's RMD, the SPGA
602 shall include the following conditions in any special permit granted under this
603 Bylaw:
04
.,05 a) The hours of operation shall be set by the Special Permit Granting Authority,
606 but in no event shall a facility be open to the public, nor shall any sale or other
607 distribution of marijuana occur upon the premises or via delivery from the
608 premises, between the hours of 8:00 p.m. and 8:00 a.m.
609
610 b) No Medical Marijuana Facility shall have a gross floor area of less than 2,500
611 square feet or in excess of 20,000 square feet.
612
613 c) An RMD shall not be located in buildings that contain any medical doctor
614 offices or the offices of any other professional practitioner authorized to
615 prescribe the use of medical marijuana.
616
617 d) No smoking, burning or consumption of any product containing marijuana or
618 marijuana-related products shall be permitted on the premises of an RMD.
619
620 e) Signage for the RMD shall include the following language: "Registration card
621 issued by the MA Department of Public Health required." The required text
622 shall be a minimum of two inches in height.
623
624 fl All aspects of an RMD relative to the acquisition, cultivation, possession,
625 processing, sales, distribution, dispensing, or administration of marijuana,
Z6 products containing marijuana, related supplies, or educational materials must
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627 take place at a fixed location within a fully enclosed building and shall not be
628 visible from the exterior of the business.
629
630 g) Ventilation—all facilities shall be ventilated in such a manner that:
631
632 i. No pesticides, insecticides or other chemicals or products used in the
633 cultivation or processing are dispersed into the outside atmosphere; and
634
635 ii. No odor from marijuana or its processing can be detected by a person with
636 an unimpaired and otherwise normal sense of smell at the exterior of the
637 MMD or at any adjoining use or property.
638
639 h) The permit holder shall file a copy of any Incident Report required under 105
640 CMR 725.110(F) with the Zoning Enforcement Officer and the SPGA within 24
641 hours of creation by the RMD. Such reports may be redacted as necessary to
642 comply with any applicable state or federal laws and regulations.
643
644 i) All Special Permit holders for uses under this section shall provide the Police
645 Department, Fire Department, Building Commissioner, Board of Health, and
646 Special Permit Granting Authority with the names, phone numbers, mailing and
647 email addresses of all management staff and key-holders, including a minimum
648 of two (2) operators or managers of the facilities identified as designated contact
649 persons to whom notice should be made if there are operating problems
650 associated with any use under this section. All such contact information shall
651 be updated as needed to keep it current and accurate.
652
653 j) The permit holder shall file a copy of any summary cease and desist order, cease
654 and desist order, quarantine order, summary suspension order, order limiting
655 sales, notice of a hearing, or final action issued by DPH or the Division of
656 Administrative Law Appeals, as applicable, regarding the RMD with the Zoning
657 Enforcement Officer and SPGA within 48 hours of receipt by the RMD.
658
659 k) The special permit shall lapse upon the expiration or termination of the
660 applicant's registration by DPH.
661
662 1) The permit holder shall notify the Zoning Enforcement Officer and SPGA in
663 writing within 48 hours of the cessation of operation of the RMD or the
664 expiration or termination of the permit holder's registration with DPH.
665
666 8.12.7 Prohibition Against Nuisances: No use shall be allowed in the RMD which creates a
667 nuisance to abutters or to the surrounding area, or which creates any hazard, including
668 but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors,
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669 offensive noise or vibration, flashes, glare, objectionable effluent or electrical
670 interference, which may impair the normal use and peaceful enjoyment of any property,
671 structure or dwelling in the area.
672
673 8.12.8 Annual Reporting: Each RMD permitted under this Bylaw shall, as a condition of its
674 special permit, file an annual report to and appear before the Special Permit Granting
675 Authority and the Town Clerk no later than January 31St, providing a copy of all
676 applicable state licenses for the Facility and/or its owners and demonstrate continued
677 compliance with the conditions of the Special Permit.
678
679 8.12.9 The special permit shall be limited to the current applicant and shall lapse if the permit
680 holder ceases operating the RMD.
681
682 8.12.10 Severability: The provisions of this Bylaw are severable. If any provision, paragraph,
683 sentence, or clause of this Bylaw or the application thereof to any person,
684 establishment, or circumstances shall be held invalid, such invalidity shall not affect the
685 other provisions or application of this Bylaw.
686 Planning Board
87 Planning Board Recommendation: Favorable Unfavorable
u88 Vote Required: Two-third (2/3) Vote
689 MOTION
690 A motion was made by L. Rudnicki to recommend Favorable Action on Article 31. The motion
691 was seconded by L. McSherry. The vote was unanimous, 4-0 (D. Kellogg left meeting prior to
692 vote).
693
694
695 EXPLANATION: Last year, a vote of Annual Town Meeting placed a moratorium on the
696 locating of Medical Marijuana Treatment Facilities until July 1, 2014. This Article allows
697 Medical Marijuana Treatment Facilities to be located within the same overlay district as
698 the existing Adult Use Zone.
699
700
701 Article 32: Approve Zoning Map — Medical Marijuana Treatment Facilities Overlay
702 District. To see if the town will vote to amend the Zoning Map for the Town of North Andover
703 to rezone the following parcels, as identified on the 2014 Assessor's Map: Map 77 Parcels 3, 12
gp p p 12,
704 13, 14 & 17, to allow for the installation and operation of Medical Marijuana Dispensaries, as
705 described in the Zoning Bylaw— Section 8.12 Medical Marijuana Overlay District,
706
707 or to take any other action relative thereto.
708
J9
10 Map 77 Parcel 13
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711 Northerly 100' +/- by Holt Road
712 Easterly 370' +/- by Lot 4
713 Southerly 130' +/- by Parcel 3
714 Westerly 400' +/- by Clark Street
715
716 Map 77 Parcel 14
717 Northerly 245' +- by Holt Road
718 Easterly 330' +/- by Lot 3
719 Southerly 250" +/- by Parcel 3
720 Westerly 370' +/- by Lot 7
721
722 Map 77 Parcel 3
723 Northerly by 410' +/- by Lots 3, 4, and 7
724 Easterly 250' +/- by City of Lawrence Airport Commission
725 Southerly 465 +/- by City of Lawrence Airport Commission
726 Westerly 460' +/-by Clark Street
727
728 Map 77 Parcel 12 (3 sided lot)
729 Northerly 410" +/- by Parcel 17
730 Easterly 270' +/- by Clark Street
731 Southerly 285' +/- by City of Lawrence Airport Commission
732
733 Map 77 Parcel 17
734 Northerly 120' +/- by City of Lawrence Airport Commission
735 Easterly 210"+/- by Clark Street
736 Southerly 410" +/- by Parcel 12
737 Westerly 590'+\-by City of Lawrence Airport Commission
738
739 Planning Board
740 Planning Board Recommendation: Favorable Unfavorable
741 Vote Required: Two-third (2/3) Vote
742 MOTION
743 A motion was made by L. Rudnicki to approve the zoning map for medical marijuana and
744 recommend Favorable Action on Article 32. The motion was seconded by L. McSherry. The
745 vote was unanimous,4-0 (D. Kellogg left meeting prior to vote).
746
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Town Hall, 120 Main Street
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Hain Andover UAMNAP Medical Marijuana Overlay District Apra 11.sou
voo.>-.. .......... ....... ___,..... , -7
.,:, ' \ , ..- -.
A, -
v,,
747
748
749
750
751
752 EXPLANATION: This Article changes the Zoning Map to show the Medical Marijuana
753 Treatment Facilities Overlay District as presented in the previous Article.
754
755
756 Article 33: Amend Zoning Bylaw — Section 18: Downtown Overlay District. To see if the
757 Town will vote to amend the Town of North Andover Zoning Bylaw, Section 18 — Downtown
758 Overlay District, in the following manner,
759 or to take any other action relative thereto.
760 Section 18 Downtown Overlay District
61
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762 Section 18.2 Permitted Uses: Add the following uses to the list of uses allowed by Special
763 Permit:
764
765 22. All uses allowed by right in the underlying zoning districts are allowed.
766
767 Add Section 18.7 Waivers:
768
769 Where it can be demonstrated to the Planning Board, as the Special Permit Granting Authority,
770 that the following waivers are consistent with one or more of the purposes of this District, as
771 defined in Section 18.0, the Planning Board may grant those waivers:
772
773 a. Waivers of limited dimensional, design, or other criteria set forth in Sections 18.3
774 through 18.6 of the Downtown Overlay District;
775 b. Waivers of other limited dimensional, design, density, or other criteria under the Zoning
776 Bylaw.
777
778 Add Section 18.8 Underlying Zoning:
779
780 The Downtown Overlay District is an overlay district superimposed on all underlying zoning
781 districts. As required by the Enabling Laws, the regulations for use, dimension, and all other
782 provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full
783 force, except for those sites undergoing development pursuant to Section 18. To the extent that
784 there is a conflict between the provisions of the underlying zoning and the provisions of the
785 Downtown Overlay District, the provision of Article 18 shall govern, unless waived by the
786 Planning Board, in accordance with Section 18.7.
787 Planning Board
788
789 Planning Board Recommendation: Favorable Unfavorable
790 Vote Required: Two-third (2/3) Vote
791 J. Tymon: The draft has been revised to include the allowance of waivers within the Downtown
792 Overlay District by the Planning Board. Additional language has been submitted by John
793 Smolak to specifically',define the Planning Board as the Special Permit Granting Authority for
794 the Downtown Overlay District under Section 18.1.
795 John Smolak, Attorney: The Downtown Overlay currently does not expressly provide for
796 waivers. There are Design Guidelines and Setback Requirements. The language allows the
797 Planning Board flexibility for waivers, but only by Special Permit. The waivers only apply only
798 to Design and Dimensional requirements,not for Use.
799 J. Simons: Expressed concern with using,the word"limited".
800 J. Smolak: We have provided an edited version of the entire Downtown Overlay District. There
801 are some real inconsistencies with the current site. There are a lot of circumstances within the
802 current language from a design standpoint that are inconsistent with the mill complex. It is
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Town Hall, 120 Main Street
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803 primary geared to the downtown Main Street area and does not cover, adequately, the West Mill
804 complex.
805 Seth Zeren, RCG: There are also inconsistencies with height, setbacks, and Floor Area Ratio
806 (FAR). The standards for the Overlay may work for the downtown, but not for a large mill
807 building.
808 J. Simons: It seems to be ok to have waiver discretion on the design guidelines, but the height
809 and FAR may have to be addressed differently.
810 S. Zeren: Maybe similar language, but with a specific limit to the maximum height and FAR
811 that could be allowed by Special Permit.
812 A vote will be taken at the next Planning Board meeting.
813
814
815 EXPLANATION: This Article allows additional uses within the Downtown Overlay
816 District and waivers as permitted by the Planning Board.
817
818 DISCUSSIONS
819 Street Acceptance: Empire Drive
820 MOTION
21 A motion was made by L. Rudnicki to recommend favorable action on street acceptance for
.22 Empire Drive. The motion was seconded by R. Rowen. The vote was unanimous, 5-0.
823
824 Street Acceptance: Woodlea Road
825 MOTION
826 A motion was made by L. Rudnicki to recommend favorable action on street acceptance for
827 Woodlea Road with the provision that the Conservation Restriction is received. The motion was
828 seconded by D. Kellogg. The vote was unanimous, 5-0.
829
830 Street Acceptance: Nutmeg Lane, Thistle Road, Periwinkle Way
831 MOTION
832 A motion was made by L. Rudnicki to recommend favorable action on street acceptance for
833 Nutmeg Lane, Thistle Road, and Periwinkle Way. The motion was seconded by D. Kellogg.
834 The vote was unanimous, 5-0.
835
836 Planning Board Report Annual Town Meeting 14
837 Planning Board Report—April 15,2014
838
839 The Planning Board makes the recommendations regarding the following Town Meeting warrant
840 articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
841
842
43 Article 4: Authorization to Accept Grants of Easements. To see if the Town will vote to
44 authorize the Board of Selectmen and the School Committee to accept grants of easements for
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April 15, 2014
Town Hall, 120 Main Street
7:00 PM
845 access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board
846 and Committee deem in the best interest of the Town,
847 or to take any other action relative thereto.
848 Board of Selectmen
849 Planning Board Recommendation: Favorable Unfavorable
850 Vote Required: Majority Vote
851 MOTION
852 A motion was made by R. Rowen to recommend Favorable Action on Article 4. The motion was
853 seconded by L. Rudnicki. The vote was unanimous,4-0 (D. Kellogg left meeting prior to vote).
854
855 Article 5: Authorization to Grant Easements. To see if the Town will vote to authorize the
856 Board of Selectmen and the School Committee to grant easements for access, water, drainage,
857 sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in
858 the best interest of the Town,
859 or to take any other action relative thereto.
860 Board of Selectmen
861 Planning Board Recommendation: Favorable Unfavorable
862 Vote Required: Two-third Vote (2/3 Vote)
863 MOTION
864 A motion was made by R. Rowen to recommend Favorable Action on Article 5. The motion was
865 seconded by L. Rudnicki. The vote was unanimous,4-0(D. Kellogg left meeting prior to vote).
866
867 Article 8: Acceptance of a Public Way—Nutmeg Lane,Periwinkle Way,Thistle Road
868
869 To see if the Town will vote to accept and name Nutmeg Lane, Periwinkle Way and Thistle
870 Road as public ways, as laid out by the Board of Selectmen, and as shown on the following
871 plans: Plan entitled "Street Layout Plan, Nutmeg Lane, North Andover, Massachusetts, Date:
872 December 19, 2007, Scale: 1" = 40', prepared for North Andover Land Corp.," by Hayes
873 Engineering, Inc., Wakefield, MA; Plan entitled "Street Layout Plan, Periwinkle Way, North
874 Andover, Massachusetts, Date: December 19, 2007, Scale 1" = 40', prepared for North Andover
875 Land Corp.," by Hayes Engineering, Inc., Wakefield, MA and Plan entitled "Street Layout Plan,
876 Thistle Road, North Andover, Massachusetts, Date: December 19, 2007, Scale 1" = 40',
877 prepared for North Andover Land Corp.," by Hayes Engineering, Inc., Wakefield, MA, and to
878 accept deeds to the streets and all related easements shown on said plans,
879
880 or take any action relative thereto.
881 Planning Board
882
883 Planning Board Recommendation: Favorable Unfavorable
884 Vote Required: Majority Vote
885 J. Tymon: There was some open Conservation Commission work that needed to be completed
886 and it has been done.
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Town Hall, 120 Main Street
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887 MOTION
888 A motion was made by L. Rudnicki to recommend favorable action on street acceptance for
889 Nutmeg Lane, Thistle Road, and Periwinkle Way. The motion was seconded by D. Kellogg.
890 The vote was unanimous, 5-0.
891
892 Article 9: Acceptance of a Public Way—Empire Drive
893
894 To see if the Town will vote to accept and name Empire Drive as a public way, as laid out by the
895 Board of Selectmen, and as shown as "Empire Drive" on a plan entitled, "Street Layout Plan of
896 Empire Drive Located in No. Andover, Mass. Scale 1" = 40'; Date January 1, 2014, Christiansen
897 & Sergi Professional Engineers Land Surveyors, 160 Summer St. Haverhill, MA 01830" and to
898 accept deeds to all related open space parcels and easements, shown on said Plans filed with the
899 Essex County (Northern District) Registry of Deeds of the Land Court on October 16, 2009 as
900 Plan Number 18083E and on the above-referenced Street Layout Plan,
901
902 or take any action relative thereto.
903
904 Planning Board
05
J06 Planning Board Recommendation: Favorable Unfavorable
907
908 Vote Required: Majority Vote
909 J. Tymon: Empire Drive was a 40B project. The Zoning Board of Appeals has voted to
910 recommend street acceptance.
911 MOTION
912 A motion was made by L. Rudnicki to recommend favorable action on street acceptance for
913 Empire Drive. The motion was seconded by R. Rowen. The vote was unanimous, 5-0.
914
915 Article 10: Acceptance of a Public Way—Woodlea Road
916
917 To see if the Town will vote to accept and name Woodlea Road as a public way, as laid out by
918 the Board of Selectmen, and as shown as "Woodlea Road" on a plan entitled, "Street Layout
919 Plan, Woodlea Subdivision prepared for Ashwood Corporation, LLC, Scale 1" = 30'; Date April
920 5, 2013 revised March 24, 2014, by Gateway Consultants" and to accept all related restrictions
921 and easements, shown on the plan entitled "Special Permit and Definitive Plans Woodlea
922 Village" recorded as Plan No. 12873 and Plan No. 13263 at the North Essex Registry of Deeds
923 and on the above referenced Street Layout Plan,
924 or take any action relative thereto.
925 Planning Board
926 Planning Board Recommendation: Favorable Unfavorable
27 Vote Required: Majority Vote
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Town Hall, 120 Main Street
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928 J. Tymon: This was supposed to be before Town Meeting last year but there was an easement
929 we did not have the proper documentation for That has been received this year, however; there
930 is a Conservation Restriction that needs to be approved by the state of MA prior to the Board of
931 Selectmen street layout meeting scheduled for April 28,2014.
932 Carmen Corsaro, Attorney for developer: Explained the status of the pending Conservation
933 Restriction.
934 MOTION
935 A motion was made by L. Rudnicki'to recommend favorable action on street acceptance for
936 Woodlea Road with the provision that the approved Conservation Restriction is received. The
937 motion was seconded by D. Kellogg. The vote was unanimous, 5-0.
938 Article 23: Appropriation — Capital Improvement Plan for Fiscal Year 2015. To see if the
939 Town will vote to fund the Capital Improvement Program as listed under the heading "Board of
940 Selectmen/Finance Committee/Town Manager Recommendations" and with the language
941 included,
942
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April 15, 2014
Town Hall, 120 Main Street
7:00 PM
943
FY15 CIP
Recommendations
Board of Selectmen Other Funding Sources Authorized to
Finance Committee JGrants,Chapter 90 Borrow under
Town Manager Raise& Excess bond
Line# Project Description Recommendations CPA&Spec Rev) Appropriated Retained Earnings Proceeds Chapter 44
I Roadway Improvements $ 840,000 $ (775,000) $ - $ 65,000
2 Sidewalks Reconstruction $ 75,000 $ 75,000
Franklin School Drainage Repair&
3 Underground Storage Tank Removal $ 73,500 $ (73,500) $ -
4 Facilities Master Plan Implementation $ 6,377,767 $ 6,377,767
5 Municipal IT $ 50,000 $ 50,000
6 Building Maintenance $ 150,000 $ 150,000
7 School IT $ 106,422 $ 106,422
8 District Wide Paving $ 152,401 $ (10,343) $ 142,058
9 Equipment 6-Wheel Dump Truck $ 160,000 $ 160,000
10 Installation of Fiber Optics $ 57,000 $ (57,000) $ -
Water&High Street Lights,Intersection,
11 Road Improv $ 650,000 $ (56,172) $ 593,828
12 Carpet Replacement(District Wide) $ 149,263 $ 149,263
13 Addition to 170 Sutton Street(Thrify Shop) $ 150,000 $ (150,000) $ -
General Fund Total $ 8,991,353 $ (775,000) $ (223,500) $ - $ (123,516) $ 7,869,337
Water Treatment Plant Process Control
14 Computer $ 600,000 $ - $ - $ (600,000) $ - $ -
Water Enterprise Fund Total $ 600,000 $ - $ - $ (600,000) $ • $ -
16 Sewer Utility Truck $ 78,000 $ (2,317) $ 75,683
Sewer Enterprise Fund Total $ 78,000 $ - $ • $ • $ (2,317) $ 75,683
Total All Funds $ 9,669,353 $ (775,000) $ (223,500) $ (600,000) $(125,832.67) $ 7,945,020
944
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PLANNING BOARD -
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Town Hall, 120 Main Street
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that to meet this appropriation:
(1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow$7,945,020
under chapter 44 of the Massachusettes General Law or any other enabling authority;
(2) The appropriations for items 3 and 13 above shall be raised in the tax levy;
(3) The appropriation for item 14 above shall be funded with Water Enterprise fund retained earnings ;
(4) a portion of the appropriation for item 8 above in the amount of$149,263 shall be funded
with the transfer from the following project in the amount set forth below, said sum represents
excess bond proceeds not needed for the completion of the project:
Amount Project Date/Article Number Date Bonded
$ 10,343.38 Modular Classrooms-Sch Comm Program 2009/Art 1A 12/15/2009
$ 10,343.38
(5) a portion of the appropriation for item 10 above in the amount of$57,000 shall be funded
with the transfer from the following project in the amount set forth below, said sum represents
excess bond proceeds not needed for the completion of the project:
Amount Project Date/Article Number Date Bonded
$ 57,000.00 Fire Dept Radio Equipment 2010/Art 28 Sec 10 2/17/2011
$ 57,000.00
(6) a portion of the appropriation for item 11 above in the amount of$650,000 shall be partially funded
with the transfer from the following project in the amount set forth below, said sum represents
excess bond proceeds not needed for the completion of the project:
Amount Project Date/Article Number Date Bonded
$ 1,106.64 Fire Dept Radio Equipment 2010/Art 28 Sec 10 2/17/2011
$ 55,065.75 Library HVAC System 2010/Art 2 2/17/2011
$ 56,172.39
(7) a portion of the appropriation for item 14 above in the amount of$78,000 shall be partially funded
with the transfer from the following project in the amount set forth below, said sum represents
excess bond proceeds not needed for the completion of the project:
Amount Project Date/Article Number Date Bonded
$ 2,316.90 Sewer Utility Truck 2012 26 2012/Art 27 Sec 13 5/17/2012
945 $ 2,316.90
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Meeting Minutes
Tuesday,
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Town Hall, 120 Main Street
7:00 PM
946
947 or to take any other action relative thereto.
948
949 Town Manager
950
951 Planning Board Recommendation: Favorable Unfavorable
952
953 Vote Required: Two-third (2/3) Vote
954 Bruce Thibodeau, Director DPW: Provided an explanation for CIP, recommendations (numbers
955 1, 2, 9, 11, 14,and 16).
956 Curt Bellavance, Community Development Director: Provided an explanation of the Facilities
957 Master Plan Implementation (number 4). The majority of the request is to fund the new Fire
958 Station and design funds for the renovation of the old Fire Station.
959 J. Simons: Requested that C. Bellavance research line item 13 to determine if it is correct that
960 funding for an addition to 170 Sutton Street (Thrift Shop) should be included in the budget
961 request.
962 MOTION
963 A motion was made by R. Rowen to recommend Favorable Action on the CIP funding line items
64 1,2, 4, 9, 11, 14, and 16. The motion was seconded by L. Rudnicki. The vote was unanimous,
.,65 4-0 (D. Kellogg left meeting prior to vote).
966
967
968 EXPLANATION: A capital improvement plan is a major, non-routine expenditure for
969 new construction, major equipment purchase, or improvement to existing buildings,
970 facilities, land or infrastructure with an estimated useful life of five years or more, and a
971 cost of$25,000 or more. Items in this plan are funded by debt; the Town will issue bonds
972 of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments
973 over that term. The bonds may be general obligation (funded by the general tax levy) or
974 special obligation (funded by water or sewer rates).
975 o w
976
977
978 Article 24: Report of the Community Preservation Committee — Appropriation From
979 Community Preservation Committee Fund. To receive the report of the Community
980 Preservation Committee and to see if the Town will vote to raise, borrow, transfer and/or
981 appropriate from the Community Preservation Fund, in accordance with the provisions of
982 Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the
983 Community Preservation Committee,
984
985 or to take any other action relative thereto.
86
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PLANNING BOARD
Meeting Minutes
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April 15, 2014
Town Hall, 120 Main Street
7:00 PM
987 List of Approved Projects—Community Preservation Fund
988
989 Description Amount Category
990
991 McEvoy Field—Phase 2 $ 290,000 Open Space - Recreation
992 Stevens Estate— Stained Glass
993 Window Refurbishment $ 25,120 Historical Preservation
994 Multi-Use Trail—Phase 1 $ 176,000 Open Space - Recreation
995 Sargent School Playground $ 92,260 Open Space - Recreation
996 Old Center Preservation Project $ 570,000 Open Space/
997 Historical Preservation
998 Nan's Trail $ 68,435 Open Space
999 Reserve for Affordable Housing $ 196,600 Affordable Housing
1000 Administrative Costs $ 30,000 Administrative and
1001 Operating Expenses
1002 Total for Approved Projects $1,448,415
1003 Community Preservation Committee
1004 Planning Board Recommendation: Favorable Unfavorable
1005 Vote Required: Majority Vote
1006 J. Simons: Provided an explanation of the funding line items.
1007 MOTION
1008 A motion was made by L. Rudnicki to recommend Favorable Action on the CPA Article 24.
1009 The motion was seconded by L. McSherry. The vote was unanimous, 4-0 (D.Kellogg left
1010 meeting prior to vote).
1011
1012
1013 EXPLANATION: The Community Preservation Act (CPA) addresses community issues
1014 such as acquisition and preservation of open space, creation and support of affordable
1015 housing, acquisition and preservation of historic buildings and landscapes, and creation
1016 and support of recreational opportunities. The CPA, adopted at a Special Town Meeting in
1017 January 2001, and by the voters at the Town Election in March 2001, levies a 3%
1018 surcharge on property taxes with two exemptions: $100,000 of the value of every residential
1019 property, and a complete exemption on property owned and occupied by people who
1020 qualify for low-income housing or low-or moderate-income senior housing.
1021
1022 The Community Preservation Committee (CPC) annually recommends how funds should
1023 be spent or set aside for future spending among the allowable categories of a) open space;
1024 b) historic preservation; c) affordable housing; and d) land for recreational use, with a
28
PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
1025 minimum of 10% required in each of the first three categories. In addition, a maximum of
1026 5% may be spent on administrative expenses by the CPC. Town Meeting may either
1027 approve or reduce the recommended expenditures, but cannot add to them. North Andover
1028 received matching funds equal to $404,528 or 29.65% in FY13 from the Commonwealth.
1029
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PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
1030 Article 29: Citizen's Petition — Authorization to Acquire Berry Street Property consisting
1031 of approximately 26 acres of land and building, including a home built in 1824, an historic
1032 cemetery dating back to the mid 1700's, land for conservation and as a location for a
1033 critically needed out-country fire station and to fund said acquisition by issuance of Bonds
1034 and /or Notes, Appropriations, Grants, including Community Preservation Act funds, and
1035 from other sources as may be determined by the Board of Selectmen and in an amount not
1036 to exceed two million five hundred thousand dollars ($2,500,000), without further Town
1037 Meeting approval. To see if the Town will vote to authorize the Board of Selectmen to acquire
1038 by purchase, lease, gift, grant, eminent domain, or otherwise two parcels of land and buildings
1039 thereon, if any, of which, as approximately 8.7 acres of land and buildings recorded as being
1040 owned as of February 28, 2014 by North Andover Holdings, LLC, and approximately 17 acres of
1041 land and buildings recorded as being owned as of February 28, 2014 by Berry Street Trust, u/d/t
1042 dated August 7, 1981 recorded with the Essex North Registry of Deeds (the Registry) at Book
1043 1524, page 97, as amended by Trustee's Certification and First Amendment to Berry Street
1044 Trust, dated May 9, 2006, and recorded with the Registry at Book 10177, Page 74 and further
1045 amended by Trustee's Certificate and Second Amendment, dated December 16, 2009, and
1046 recorded with the Registry at Book 11882, Page 180, all of which is described as follows and to
1047 fund said acquisition by issuance of Bonds and/or Notes, Appropriations, Grants, including
1048 Community Preservation Act funds, and from other sources, as may be determined by the Board
1049 of Selectmen and in an amount not to exceed two million five hundred thousand dollars
1050 ($2,500,000), without further Town Meeting approval.
1051
1052 Property Description
1053
1054 The fee simple estate in and to the land in North Andover, Essex County, Commonwealth of
1055 Massachusetts, together with the buildings and improvements thereon, on the northeasterly side
1056 of Turnpike Street and Northerly side of Berry Street, and being shown as Lots 1-9 inclusive,
1057 Parcel A and Parcel B, and Lot 12 on a plan of land entitled "Definitive Subdivision Plan,
1058 Framar Way, off Berry Street, North Andover, MA, Date: August 2011, Prepared for: Margaret
1059 Fiore, Goldsmith, Prest & Ringwall, Inc., Engineers and Surveyors", which said plan is recorded
1060 with the Essex North District Registry of Deeds as Plan No. 16683.
1061
1062 Together containing 25,702 acres, more or less, and all of said boundaries being shown on said
1063 Plan No. 16683 hereby attached in two formats.
1064
1065 Excepting therefrom the following, viz.
1066
1067 1) Such rights, if any, as the inhabitants of the town may have in and to certain portions of
1068 the premises to be used by them as a burial place, said burial lot containing
1069 approximately 7,500 square feet, and being shown on said plan;
1070
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• PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
1071 2) Land along Turnpike Street, also known as Salem Turnpike, released to the Middleton
1072 and Danvers Railroad by release dated September 20, 1901, recorded with said Registry
1073 at Book 191, Page 220; and
1074
1075 3) That portion of the premises taken by the Commonwealth of Massachusetts for highway
1076 purpose, along Turnpike Street, said taking being recorded with Registry at Book 689,
1077 Page 281, and shown on Plan No. 1638 in said Registry.
1078
1079 For title to the above premises, see deed recorded at Book 1524, Page 103, and at Book 12923,
1080 Page 102 in said Registry of Deeds,
1081 or to take any other action relative thereto.
1082 Petition of Robert Ercolini, et al
1083 Planning Board Recommendation: Favorable Unfavorable
1084 Vote Required:
1085 This will be voted on at the next Planning Board meeting.
1086
1087 MEETING MINUTES
1088 Approval of April 1, 2014 meeting minutes.
89 MOTION
.u90 A motion was made by L. Rudnicki to approve the April 1, 2014 meeting minutes. The motion
1091 was seconded by R. Rowen. The vote was unanimous, 4-0 (D. Kellogg left meeting prior to
1092 vote).
1093
1094 ADJOUNMENT
1095 MOTION
1096 A motion was made by L. Rudnicki to adjourn the meeting. The motion was seconded by R.
1097 Rowen. The vote was unanimous, 4-0 D. Kellogg left meeting prior to vote).
1098
1099 The meeting adjourned at 9:30 pm.
1100
1101 MEETING MATERIALS: Agenda, Bond Requests, Hitching Post Road: email dated 4/4/14
1102 from T. Willet to J. Tymon, as-built plan dated January 8, 1997, letter dated February 4, 1994
1103 from Joel B. Bard, Kopelman & Paige to the Planning Board re: Patnaude v. North Andover
1104 Planning Board Land Court C. A. No. 137125; Public Hearings: 80 Saile Way: Draft Decision
1105 dated 4/15/2014, Existing Conditions Plan with Added Plantings, dated 2/7/14; 316 Great Pond
1106 Road: Draft Decision dated 4/15/14, Special Permit—Watershed Permit dated March 10, 2014,
1107 Swimming Pool Maintenance Requirements dated 4/11/14, Proposed Site Development Plan 316
1108 Great Pond Road dated 4/15/14, 316 Great Pond Road Plan of Land dated 8/11/86, email dated
1109 4/8/14 from L. Eggleston to J. Tymon; 4 High Street: letter dated 3/14/14 from D. Steinbergh
10 Manager RCG West Mill NA LLC to Town of NA Planning Board, Special Permit-Site Plan
31
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PLANNING BOARD
Meeting Minutes
Tuesday,
April 15, 2014
Town Hall, 120 Main Street
7:00 PM
1111 Review Application, Plan set dated 3/14/14, 3/21/14, 4/7/14, 4/8/14, Conservation Department
1112 letter re: Negative Determination of Applicability Special Conditions 4 High Street, West Mill
1113 presentation dated 4/15/14 (8 pages), email dated 4/3/14 from L. Eggleston to Seth Zeren re:
1114 peer review, Exhibit C section 8.4 waivers, draft Decision dated 4/15/14; Annual Town Meeting
1115 Zoning Articles: Article XX Amend Section 18 Downtown Overlay District; Discussion Items:
1116 Street Layout Public Hearing Legal Notice North Andover Board of Selectmen re: Street Layout
1117 Public Hearing for Woodlea Road, Empire Drive,Nutmeg Lane, Periwinkle Way, and Thistle
1118 Road; Draft meeting minutes 04/01/14.
32