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HomeMy WebLinkAbout2020-05-20 Planning Board Minutes Town of North Andover PLANNING BOARD EiNn Goldberg, Chairman John Simons • �� ►�p,�g Peter Boynton Aaron Preston • Kate Barg►resi Kelly Cor•nrier,Assoc. Tuestla l Ma )20 2020 7 .m. Meetin held *remotely via can erence call 1 2 Present: E. Goldberg, P. Boynton, K. Bargnesi, J. Simons, A. Preston, Kelly Cormier, Assoc. 3 Absent: 4 Staff Present: J. Enright, M. Gregoire 5 6 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, May 20, 2020 was called to order at 7 p.m. 7 8 E. Goldberg: (Read Governor Baker's ExecutNe Order into the record) Votes will be recorded as roll call this 9 evening. This rrreeting was]geld remotely. 10 M. Gregoire: Con firms official attendance:E. Goldberg, P. Boynton, J. Simons, K. Bargnesi,A. Preston, K. 11 Cormier (all present). 12 13 Pursuant to Governor•Baker's March 12,2020 Order Suspem r i►rg Certain Provisions of the Open Meeting Lase, 14 G.L. c. 30A, §18, and the Governors March 15, 2020 Order imposing strict limitation on the number of people 15 that may gather in one place, this meeting of the North Antlover Planning Boar•tl will be conducted via remote 16 participation to the greatest extent possible. Specific information and the general guidelines for•re►note 17 participation by members of the public and/or parties with a right and/or requirement to attend this meeting can 18 be found on the Town's website, at wwrv.rrorthtmdoverrrha.gov. For this meeting, members of the public who 19 wish to watch the►neeting may do so on their televisions by Inning to Corncast Channel 8 or Verizon Channel 20 26 or online at ivivrv.rhortrandorercanr.org. No in person attendance of Irhembers of the public will be per►nitted, 21 but eieq effort will be tirade to ensure that the public can adequately access the proceedings hi real time, via 22 technological ineans. In the event that we are unable to do so, despite best efforts, we will post on the Town of 23 North Andover website an audio or video recording, transcript, or other comprehensive record of proceedings 24 as soon as possible after the meeting. If the public would like to participate in public hearings please email your 25 question/continent prior to or during the meeting to►rhgre,-oire�a)jrortlrandoyermtr.goy, The questionleorhrrrent 26 will be read daring the proceedings and responded to accordingly. 27 28 DISCUSSION: 29 60 Rel4ency Place,Vartian Yeghinzai inns: Removal of trees within the 50' buffer zone. 30 M. Gregoire: You have been provided with the Staff Report, plan and decision. We received notification from an 31 abutter that trees were removed on her property; we visited the site. I spoke with the homeowner who is in the 32 process of having her site surveyed. We advised her to submit that when it becomes available as well as provide 33 replanting plan. 34 A. Preston: Confirmed this is a subdivision buffer; no wetlands. 35 J. Enright: This buffer is associated with the Planned Residential Development Special Permit. In lieu of having 36 smaller lot sizes than typically required a Planned Residential Development requires a percentage of Open Space 37 and a 50' no disturb buffer zone. This buffer zone shall remain in its natural state; there should be no cutting 38 within that area. 39 [Discussion item tentatively continued to June 8 Planning Board meeting] 40 41 BOND RELEASE: 42 315 Turnpike Street,Merrimack College: Request to release$10K in Performance Guarantee associated with 43 parking lot improvement project. 1 Town of North Andover PLANNING BOARD Eitan Goldberg, Chairmanru f Jolt►t Sit►to►ts Pelee I3oynlo►t 5� �'° Am-on Preston Kate I3arg►tesi xell3) Co►ntiet•,Assoc. Trtesdap May 20, 2020 Ct7 7t►.►tr., fMeeti►t�held *►•emolely via confej•ence call] 44 _M. Gregoire: Jeffrey Koetteritz, PE, is here from VI1B representing Merrimack College. All issues are resolved 45 therefore a full bond release is recommended. 46 MOTION: J. Simons made a motion to release the $10K Performance Guarantee bond plus interest,for 315 47 Turnpike Street-Parking Improvements,North Andover,MA. A. Preston seconded. The vote was 5-0, unanimous 48 in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. 49 K. Bargnesi voted yes. The vote was 5-0, unanimous in favor. 50 51 CONTINUED PUBLIC HEARINGS 52 1160 Great Pond Road Brooks School: (Continued to.fulp 7, 2020): Application for a Watershed Protection 53 District Special Permit and Site Plan Review Special Permit under Chapter 195 Art 4 Pt 5, Section 195-8, and 54 Section 195-10.7 of the Town of North Andover Zoning Bylaw to authorize the phased redevelopment and 55 reconstruction of certain existing developed areas of the Property, including relocation of the South Entrance, 56 removal and reconstruction of buildings, access ways and landscape areas, improvements and installation of new 57 drainage improvements and associated landscaping. The majority of the proposed work is within the General Zone 58 with a small portion of reconstruction of walks, parking and landscaping on the outer edge of the Non-Discharge 59 and Non-Discharge Zones. The project is located in the Residential I (R-1) Zone. 60 61 210 Holt Road,MMD Shooting: (Continued to July 7, 2020) Application for Site Plan Review Special Permit 62 under Sections 195-4.14 1, Section 195-8.11. A(3)and common parking areas and multiple use facilities under 63 Article 8 Part I Off Street Parking and Loading of the North Andover Zoning Bylaw. The Applicant proposes to 64 construct a 25'X75' addition at the rear of half of the existing building and change the use of a portion of the 65 building to an indoor shooting range and retail use. This project is within the Industrial 2 (1-2)Zoning District, 66 67 E. Goldberg: (Reaal Governor Baker's Executive Or(ler into the record) 68 Annual Town Meeting Zoning Bylaw Amendment Articles: 69 Annual Town Meetine Warrant Article 30: Town Meeting Article to Amend the Town's Zoning Bylaw-- 70 Chapter 195, § 1956.6.6. Permitted Signs-- Industrial Districts: This Article proposes to amend the Town's sign 71 bylaw to allow a sign master plan by special permit within the 1-2 Zoning District in a more flexible manner and 72 consistent with two other sign master plan sections of the Zoning Bylaw, including the Planned Development 73 District as well as the Downtown Overlay District Subdistrict A: Historic Mill Area. (K. Bargnesi recused herse o 74 J. Enright: The Board recommended Favorable Action on this at the last public hearing;typically the Zoning 75 amendment hearing stays open until the Planning Board meets just prior to Town Meeting. There has been no 76 public comment on this. Would the Board like to carry this until pre-Town Meeting or close the hearing? It is not 77 certain that the Board will schedule a meeting prior to Town Meeting this year. 78 E. Goldberg: Suggested the Board motion to close the public hearing. 79 MOTION: J. Simons made a motion to close the public hearing for ATM Warrant Article 30. A. Preston 80 seconded. The vote was 4-0, unanimous in favor. (K. Bargnesi recused herseffi Roll call vote: J. Simons voted 81 yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. The vote was 4-0, unanimous in favor. 82 83 1600 Osgood Street, 1600 Osgood Street LLC: Application for Site Plan Approval (Article 8, Part 3]), and 84 Parking(Article 8, Part 1, § 195-8.8.) Special Permits; and,Article 10, § 195-10.7A of Chapter 195 --North 85 Andover Zoning Bylaw; and, (b)Application for Large-Scale Ground-Mounted Solar Energy Systems Site Plan 86 Review(Article 8, Part 12); Setback Modification Special Permit(Article 8, Part 12, Section 195-8.88.D), and, 2 Town of North Andover PLANNING BOARD Eita►r Goldbe►g, Chah-ma►r r�u, Jolr►r Sirrrorrs Peter Boy►rto►r sw �6 ;`. Aa►wii P►•esto►r Kate Baig►resi - Kelly Cot►rrie►;Assoc. Tuesday May 20, 2020 Crr7, 7 p.►rr., [Meeting helrl *re►notelt) via eo►rfe►•e►rce crrlll 87 Article 10, §195-10.7A of Chapter 195 --North Andover Zoning Bylaw. The purpose of this amended notice for 88 the public hearings above is to clarify that the Premises for which the public hearings above are held is now 89 comprised of a single Lot consisting of a total of 57.46 acres (2,502,905 s.f.)of real property and improvements 90 proposed thereon, and which consolidates real property including formerly proposed Lot A and Lot C, and a 91 formerly proposed subdivision right of way, at 1600 Osgood Street,North Andover, MA, and consists of portions 92 of real property depicted on the Town of North Andover Assessors Maps as Map 34, Lots 15, 17,and 54. The 93 proposed Project and related improvements will be located on portions of said Premises, as further described 94 below, and continues to consist of the following: (a)the Applicant proposes the rehabilitation of approximately 95 399,999 square feet of existing buildings known as both Building Nos. 20 and 21, along with 1,500 parking spaces 96 and with upgrades to parking, access,utilities, stormwater management, lighting, landscaping and other associated 97 improvements on a portion of the Premises and, (b)The Applicant also proposes the redevelopment of a Large- 98 Scale Ground-Mounted Solar Energy System on a portion of the Premises. The proposed project will include the 99 relocation and redevelopment of a portion of an existing 6MW Solar Energy System on a portion of the Premises 100 for purposes of a Large-Scale Ground-Mounted Solar Energy System, including upgrades to access, utilities, 101 stormwater management, lighting, landscaping and other associated improvements, along with proposed 102 modifications to setbacks of the proposed improvements as shown in the amended application materials filed with 103 the Planning Board, This Premises is located within the Industrial-2 (1-2) Zoning District. 104 105 1600 Osgood Street, 1600 Osgood Street,LLC.: Application for Definitive Subdivision approval of a 1-lot Plan 106 on a parcel of land consisting of approximately 31.06 acres located on the west side of Osgood Street at what is 107 known as 1600 Osgood Street. The Premises Affected is located within the I-2 Zoning District. 108 109 1600 Osgood Street, 1600 Osgood Street,LLC: Application for Site Plan Review(Article 8, Part 3), and 110 Parking(Article 8, Part 1, § 195-8.8.) Special Permits; and, Article 10, § 195-10.7A of Chapter 195 --North III Andover Zoning Bylaw. The Applicant proposes to redevelop a 27.07-acre portion(proposed Lot A) of all 112 approximate 167.8-acre site commonly known as 1600 Osgood Street. The proposed project includes the 113 rehabilitations of approximately 399,999 square feet of existing buildings known as both Building Nos. 20 and 21, 114 along with 1,500 parking spaces and with upgrades to parking, access, utilities, stormwater management, lighting, 115 landscaping, and other associated improvements. This project is located within the Industrial-2 (1-2) Zoning 116 District. 117 118 1600 Osgood Street Hillwood Enterprises L.P: Application for Site Plan Review(Article 8,Part 3), Parking 119 (Article 8, Part 1, § 195-8.8.), Building Height(Article 7, § 195-7.4. and 195 Attachment 3, Town of North 120 Andover, Table 2: Summary Of Dimensional Requirements, Footnote I8), and Floor Area Ratio(Article 7, § 195- 121 7.6. and 195 Attachment 3,Town of North Andover,Table 2: Summary Of Dimensional Requirements, Footnote 122 19) Special Permits; and,Article 10, § 195-10.7A of Chapter 195 --North Andover Zoning Bylaw. The Applicant 123 proposes the redevelopment of a 109.67 portion(proposed Lot B) of an approximate 167.8-acre site commonly 124 known as 1600 Osgood Street, and intends to construct a proposed e-commerce storage, warehouse and 125 distribution facility with accessory office and other uses, consisting of a 5-story building including approximately 126 3,773,997 square feet of gross floor area,with upgrades to parking, access,utilities, stormwater management, 127 lighting, landscaping, and other associated irnprovernents. "This project is located within the Industrial-2(I-2) 128 Zoning District. 129 3 Town of North Andover PLANNING BOARD Eitrrn Goldberg, Chairman Jolrrr Sinrorrs Aflr-our Preston Peter Boynton • Kate Bargnesi Kelly Cormier,Assoc. Tuesrla))Ma),20, 2020 0c,, 7 p.m., [Meeting held *remotely via corrfer•errce call] 130 1600 Osgood Street, 1600 Osgood Street,LLC: Application for Large-Scale Ground-Mounted Solar Energy 131 Systems Site Plan Review(Article 8, Part 12); Setback Modification Special Permit(Article 8, Part 12, Section 132 195-8.88.D), and, Article 10, §195-10.7A of Chapter 195 --North Andover Zoning Bylaw. The Applicant 133 proposes the redevelopment of a 30.00-acre portion (proposed Lot C)of an approximate 167.8-acre site commonly 134 known as 1600 Osgood Street for a Large-Scale Ground-Mounted Solar Energy System. The proposed project 135 will include the relocation and redevelopment of a portion of an existing 6MW Solar Energy System onto 136 proposed Lot C for purposes of a Large-Scale Ground Mounted Solar Energy System, including upgrades to 137 access, utilities, stormwater management, lighting, landscaping, and other associated improvements. This project 138 is located within the Industrial (1-2)Zoning District. 139 140 NEW PUBLIC HEARINGS 141 [E. Goldberg read Governor Baker's Order into the record 142 1600 Osgood Street,LLC &Hillwood Enterprises,L.P.: Application for Special Permit for a Common 143 Driveway(Article 2, § 195-2.2.—Definitions Driveway) and,Article 10, § 195-10.7A of Chapter 195 --North 144 Andover Zoning Bylaw, The Co-Applicants propose the construction of a common driveway designed to serve 145 both proposed Lot A, consisting of approximately 57.46 acres(2,502,905 s.f.)of real property, and proposed Lot 146 B, consisting of a total of approximately 110.35 acres(4,806,699 s.f.) of real property, all of which is located on 147 an approximate 167.8-acre site commonly known as 1600 Osgood Street, and all as shown in the application 148 materials filed with the Planning Board. This premises is located within the Industrial-2 (1-2)Zoning District. 149 E. Goldberg: Comprehensively listed all of the 1600 Osgood Street projects being considered. K. Bargaesi recuused 150 herself. 151 J. Enright: A MEPA advisory opinion has been submitted which states that no MEPA review thresholds will be 152 net or exceeded with this project. The public hearing for the Common Driveway is now open combined with the 153 continued public hearings for this project. Your packet included a proposed ANR plan which will need to be 154 brought before the Board for approval. There has been a request for the extension of the Definitive Subdivision 155 application until December 1, 2020. (This will require a motion). What was originally contemplated as a 156 "subdivision"has transitioned into easement access to Lot B.That easement access has now provided for re- 157 lotting into Lots A & B, versus what was previously been presented as Lots A, B & C. Two lots will be created 158 through an ANR plant, however the applicant has requested to keep the Definitive Subdivision on record and 159 pending to a future date. The subdivision may be pursued, but currently the applicant wishes to extend it. J. 160 Smolak: Introduced the team. Verified Associate Planning Board member, K. Cormier will be voting in K. 161 Bargnesi's place. At the last meeting, we discussed the Common Driveway Special Permit takes the place of the 162 Definitive Subdivision roadway as a result of the new lotting. (Read definition of common driveway in bylaw) 163 This access driveway runs over Lot A to get to Lot B and is now considered a Common Driveway. There are no 164 proposed changes to the roadway improvements. 165 J. Enright: The decisions contemplated approval of the common driveway permit. 166 Board: Reviewed the two draft decisions (Lot A&Lot B),discussed conditions and bond amount. Board 167 members asked questions, identified concerns, reviewed redlines, and offered suggestions. 168 MOTION: J. Simons made a motion to close all the public hearing(s)for 1600 Osgood Street, 1600 Osgood 169 Street, LLC & Hillwood Enterprises, L.P. including the Common Driveway permit,with the exception of the 170 Definitive Subdivision public hearing. A. Preston seconded the motion. The vote was 5-0, unanimous in favor. 171 Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. 172 Cormier voted yes. The vote was 5-0, unanimous in favor. 4 Town of North Andover 1''LANNYNG BOARD Eitarr Goldberg, Chair•rtrrm Johrr Simons • �� , O'er Aarart Preston Peter Boyratorr Kelly Corwtier,Assoc. Kate Bargnesi • Tuesday May 20, 2020(fi), 7 p.rr_r., fMeetirrg Held *remote& virr conference call] 173 MOTION: J. Simons made a motion to accept the request for Extension for the Definitive Subdivision to 174 December 1, 2020, A. Preston seconded. The vote was 5-0, unanimous in favor. Roll call vote: J. Simons voted 175 yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. Cormier voted yes. The vote was 5-0, 176 unanimous in favor. The official vote was 4-0, unanimous in favor. 177 MOTION: J. Simons made a motion to approve the Lot A Special Permits, as amended, with the exception of the 178 permit for Definitive Subdivision which extends to December 1, 2020. A. Preston seconded. The vote was 5-0, 179 unanimous in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton 180 voted yes. K. Cormier voted yes. The vote was 5-0, unanimous in favor. 181 MOTION: J. Simons made a motion to approve the Lot B Special Permits, as amended, i0th the exception ofthe 182 permit for Definitive Subdivision which extends to December 1,2020. A. Preston seconded. The vote was 5-0, 183 unanimous in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg voted yes. P. Boynton 184 voted yes. K. Cormier voted yes. The vote was 5-0, unanimous in favor. 185 186 MINUTES APPROVAL: Approval of May 5, 2020 Planning Board minutes. 187 MOTION: A. Preston made a motion to approve the May 5, 2020 meeting minutes. J. Simons seconded.The vote 188 was 5-0, unanimous in favor. Roll call vote: J. Simons voted yes. A. Preston voted yes. E. Goldberg voted yes. P. 189 Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0, unanimous in favor. 190 191 E. Goldberg: Questioned date of the next meeting which coincides with Town Election day. Board discussed 192 rescheduling the next meeting. 193 194 ADJOURNMENT 195 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by A. Preston.The vote 196 was 5-0, unanimous in favor. Meeting adjourned @ 8:17 p.m. Roll call vote: J. Simons voted yes. A. Preston 197 voted yes. E. Goldberg voted yes. P. Boynton voted yes. K. Bargnesi voted yes. The vote was 5-0, unanimous in 198 favor. 199 200 MEETING MATERIALS: Planning Board Meeting Agenda May 20,2020, DRAFT Planning Board Meeting 201 Minutes May 5, 2020 ; 315 Turnpike Street,Merrimack College: 202005 15 315 "Turnpike Street Staff Report, 202 20200511 Email requesting Return of Bond, 202001.08 Engineer Certification,20200102-MC Parking As-Built, 203 20180619 Recorded Decision ; 60 Regency Place,Vartian Yeghiazarians: Plans: 20170918 60 Regency Place 204 SITE PLAN, I of 7_Regency Place_Cover Sheet, 2 of 7_Regency Place Lot Plan 1, 3 of 7_Regency Place_Lot 205 Plan 2,4 of 7 Regency Place_Site Grading_2014-11-25, 5 of 7_Regeancy Place_Plan &Profile, 6 of 7—Regency 206 Place Detail Sheet 1, 7 of 7 Regency Place—Detail Sheet 2; Decisions: 20130416 464 Appleton Street PRD 207 Decision FINAL, 20130416 464 Appleton Street Def Subdiv Decision FINAL, 150106W464 Appleton Regency 208 Place—Modification final with revised plan dates; Google Imagery Regency Place, 20200515 60 Regency Place 209 Staff Report,20200508_093129,20200508_093128 ; Annual Town Meeting Zoning Bylaw Amendnent 210 Article-Warrant Article 30: 200520 Staff Report Zoning Amendment Article,200409 Rev Sign Master Plan 211 Zoning Article-draft- 1600 Osgood Street, 1600 Osgood Street LLC(Solar Amendment); 1600 Osgood 212 Strect,1600 Osgood Street LLC (Del'Subdiv}; 1600 Osgood Street, 1600 Osgood Street,LLC (Site Plan , ' 213 Review-Lot A);1600 Osgood Street,Hilhvood Enterprises L.P (SPR Patking Bldg.Height); 1600 Osgood 214 Street 1600 Osgood Street LLC SPR-Ori Solar); 1600 Osgood Street,LLC &Hillwood Enterprises L.P 215 (Common Driveway): Plans:CS100(Overall Site Plan (Rec. 5,11,20) 1 North Andover, Final 2020-05-11 North 216 Andover Permit Planset(Reduced) ; Mass Historic: MHC Permit 3.20 (00153204xBC4F6), MHC Letter in 5 Town of North Andover PLANNING BOARD Eitan Gohllrerg, Chairman I . � John Simons Peter Boynton Amon Preston Date Bargnesi Kelly Cannier,Assoc, Tuesday Miry 20, 2020(4), 7rr.m., [Meeting held *remotely ilia confer-enceca 217 Response to PNF (001483710C4176), MassI4istoric Determination of No Adverse Effect 5.11.20 218 (00159432cBC4F6),AE•ciieologieal Survey 160 Osgood Street(0015906lxBC4F'6); Draft Decisions: Redlined 219 Proposed Edits to Lot B Condition No. 59 (5.20.20)(00160723xBC4F6), Final Draft Lot A Decision 5.13.20 JE, 220 Final Draft Lot B Decision 5.13.20 JE; Common Driveway: 20200501 Common Driveway Application; ANR 221 Plan: 140182701-VB401 ANR PLAN (00160516xBC4F6); MEPA Advisory Opinion 5.8.20 (00159049xBC4F6), 222 200520 Staff Report 1600 Osgood Street,200519 Def Subdivision Extension 5.19.20 (00160631xBC4F6). 6