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HomeMy WebLinkAbout2021-12-21 Planning Board Minutes Town of North Andover PLANNING BOARD Eitatr Goldberg, Chair •' John Shno►Is Peter Boynton •. Kelly Cormier Alissa Koenig Tuesday December 21, 20.21_[7, 7p.m., 120 Main Street Town.Hall,North Andover, MA 01845 Present: E. Goldberg,J. Simons, P. Boynton-Remote, K. Cormier-Remote Absent: A.Koenig Staff Present: J. Enright E. Goldberg, Chairman: The Planning Board meeting for Tuesday, December 21,2021 was called to order at 7 p.m. (Redd Governor's Order into the record. This ineeting is considered a hybrid meeting; both remote and in- Person. votes;Pill be recorded as roll call this evening.) Pursuaid to Chapter 20 of the Acts of 2021, this meeting will be conducted in pelso►l a►id via remote inea►7s, ill accordance with applicable la;v. This meeting of the North Andover Planning Board will be conducted both ht- person at the itteeting location listed above and via remote participation. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right andlor requirement to attend this meeting Can be found on the Town's website, at;Viv;v.noitlianrloverma.gov. For this meeting, members of the public ivho wish to watch the ineeting live may do so oil their televisions by tuning to C'onicast Channel 8 or Verizoit Channel26 or online at www.tiol'tltaltdovercain.org. In-person attendance of inembels of the public and Board members;Pill be permitted, mid every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, ;ve ivill past on the To;va ofNor•tlt Andover website all audio or video recording, transcript, or other comprehensive record of proceedings(is soon as possible after the ineeting. If the public would like to participate in public hearings, but not attend the meeting in Jerson please entail your gtiestioiilcoittinentprior to or ddiring the meeting to leis•izlltrrator`tltailrlot,ermrt.t;oi The gttestiorllcomilleiit;vill he read daring file proceedings and respotlded to accordingly. J. Enright: Attendance: K. Cormier-presentlrernote, P. Boynton-present/rernote,J. Simons-present,E. Goldberg- present. Alissa Koenig is not in attendance this evening. ANR PLAN 0 Salem Street CMFT Limited Partnership: Re-divide of Parcel 3 shown on plan number 18013 to create Parcel 313 and Parcel 3A, which is labeled `not a buildable parcel' Brian Vaughan, Smolak&Vaughan: The property is subject to an agricultural preservation restriction. We were before this Board a couple years ago when we had a similar"carve out"of a couple of lots when the land was purchased. At that time,the abutter, Keith Mitchell, appeared and raised an issue with respect to a rear lot line and possible title dispute. We agreed to carve off a very small parcel to the rear of his property(+/-2,500 sf lot)to provide a buffer to the adjacent lot, creating Lot 3A which would be conveyed to the abutter as identified on the plan as a non-buildable lot. In addition to obtaining this approval,we would have to go through the 61 a process. E. Goldberg: Confirmed that leaves lot 3B which still has the requisite frontage,access and lot area. MOTION: J. Simons made a motion to direct the Planner to sign off on the Form A for 0 Salem Street, CMTF Limited Partnership,North Andover,MA. P. Boynton seconded the motion. Roll call vote: K. Cormier voted yes. P. Boynton voted yes. J. Simons voted yes. E. Goldberg voted yes. The vote was 4-0, unanimous in favor. BOND RELEASE 1 Town of North Andover i PLANNING BOARD Eitan Goldberg, Chair •" John Sia<rrars Peter Boynton ,... . •• Ifel1y Cormier Alissa Koenig Tuesday December 21, 2021 (ii), 7P.nn., .120 Main Street Towrt Hall,North Andover, MA 01845 137 Andover Street Stevens Coolidge Place The Trustees of Reservations: Request for release of a $10,000 performance bond associated with a Site Plan Review Special Permit granted January 7, 2020. P. Boynton: Disclosed lie is related through marriage to the Trustees representative, Josh Hasenf is. Doesn't see any conflict and consulted with Chair prior to the meeting. E. Goldbere: This is a request for a bond release; Mr. Boynton and his wife have no financial stake in that,the presenter doesn't have any financial stake in this; does not see any conflict of interest that would prevent Mr. Boynton from discussing the matter. The representative is irrelevant in the facts of this case. K. Cormier: Recused herself as an abutter to the Stevens Coolidge Place. J. Enright: The bond is associated with a Site Plan Review Special Permit approval which allowed for the repurposing of an existing 24' x 60' shed to become a Visitor Center, parking for 61 cars and associated landscaping.A construction record plan, engineer certification letter,and pictures are in your packets. The Stevens Coolidge Place Conditions Summary final document details the list of conditions included in both the Planning Board and Conservation Order of conditions as well as mitigation actions associated with Old Village Lane and Wood Lane. Design of the drainage basin had to be re-engineered as 72-hour infiltration was not possible to achieve in soil conditions. This redesign was fully vetted with the Conservation Commission and a modification was approved. Re-work of a stormwater basin, control structure and outlet were completed. Josh Hasenf us The Trustees of Reservations: Goals have been met and beyond that we did additional spring planting and fencing for the neighbors. The site appears in good shape, is vegetated well and the design is working well. E. Goldberg: Asked when the plantings went in? J. Hasenfus: Some are over a year old and some recently planted this fall; majority went in this spring. E. G_ _._oldber : How have they done on the conditions that would allow for a bond release? J. Enright: The plantings went in with input from the abutters. A wood fence to help mitigate impact on Old Village Lane has been installed. You may want to review the survivability of the plantings over winter and get updated pictures this spring. There is a$1 OK Performance Bond,you may choose to hold some or all of that. J. Simons: Suggests low-level screen landscape buffer be implemented to visually improve the view scape of where cars are parked in what used to be an open field;this was not originally considered but should be. E. Golberg: Read abutter comment from, K. Cormier, urging Board not to release the bond funds as there remain numerous outstanding items: traffic visible from Wood Ln., plantings don't shield cars&car lights, parked cars remain visible from abutting properties,traffic management continues to be an issue, noise issues,etc. J. Enright: The as-built and engineer certification has been submitted. Individual conditions within the decision have been satisfied. There are conditions within the decision that cover screening at the owner's expense and that cover trees that fall into disrepair on site. We also have a condition that addresses noise, a report is due I year from Certificate of Occupancy, which is this coming March. E. Goldberg: It seems that certain things need improvement. J. Simons: Expressed concern that there is more than $1 OK of improvements that need to happen. Prefer to hold all. P. Boynton agreed. MOTION: J. Simons made a motion to maintain the bond as is and review the site based upon the 1-year report and evidence of plantings and screenings come springtime. P. Boynton seconded the motion. Roll call vote: P. Boynton voted yes. J. Simons voted yes. E. Goldberg voted yes. The vote was 3-0, unanimous in favor. 2 Town of North th Andover PLANNING BOARD Eitan Goldberg, Chair •- John Simons Peter Boynton �• Kelly Cormier Atissa Koenig TuesdaV December 21 2021 7 .m. 120 Main Street Tosvrr Hall North Andover MA 01845 1503 Osgood Street Nick Heras Hera Development/Service Bury): Request for release of$10,000 performance bond associated with a July 2010 Site Plan Review and Corridor Development Special Permit for the construction of a 16,527 SF warehouse/office facility. J. Enrialrt: This was permitted in July of 2010. Condition 10.P specifies that the Special Permit approval shall be deemed to have lapsed after July 20, 2012 unless substantial use or construction has commenced within said 2- year period or for good cause. This decision included language stating that for the purpose of this development,the developer shall be deemed to have undertaken substantial use or construction if the developer has begun site grading and tree clearing as noted on the Grading& Utilities Plan,sheet 5 of 10. It appears that site grading and tree clearing has occurred; however, it was several years ago; work has since stopped. Also, a rip rap retaining wall was installed on the site.Nick Hera was the property owner; the property was sold in June 2021. He is no longer the owner but has requested the bond release. The site has been somewhat abandoned since 2012. The structure was never constructed. The question is whether the permit was enacted. The tree clearing and site grading occurred,he has bond finds held with Conservation. There is an Order of Conditions that has not been closed out. If the permit is in place, potentially the new owner(because it runs with the land), could potentially construct a building and we wouldn't have any bond fiords held. J. Sinlon5: Wouldn't it be cleaner to bring this back to a modification and close it out?If you don't close the permit, someone could go in and make a mess of things. If there's no fiords,you have no recourse. E. Goldberg: Agreed; the new owner could potentially put up the bond. E. Goldberg: Two options can be considered(1) it comes back and somehow the permit is revoked,therefore there is no permit and you would have to come before the Board for a new one or(2)the new owner puts up the bond and we return the old bond to the previous owner. Either there needs to be no permit associated with this land or there needs to be a permit with a bond, let's research this; we are not prepared to release the$1 OK bond. MOTION: J. Simons made a motion to not release any bond fiends on this project at this time for 1503 Osgood Street,Nick Heras(Hera Development/Service Bury). K. Cornier seconded the motion. Roll call vote: K. Cormier voted yes. P. Boynton voted yes.J. Simons voted yes. E. Goldberg voted yes. The vote was 4-0, unanimous in favor. CONTINUED PUBLIC HEARINGS 33 Appledore Lane, Sean & Lauren Delaney: Application for a Watershed Special Permit under Article 4 Part 5 Section 195-4.19(B)and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize an additional 12' x 24' garage bay, add second floor addition over garage and breezeway,and expand paved driveway to access new garage bay. The property is located in the Residential 3 (R-3)zoning district. J. Enright: I was hopeful we would have the storrnwater peer review concluded by tonight and to have a draft decision; however, it is ongoing. I anticipate it will be ready for our next meeting. [Continued to the January 4,2022 Planning Board meeting] 212 Brentwood Circle, John & Michelle Turnello: Application for a Watershed Special Permit under At 4 Part 5 Section 195-4.19(B) and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize installation of an in-ground pool,patio, shed, and fencing within the Non-Discharge Zone of the Watershed Protection District. The property is located in the Residential 1 (R-1) zoning district. J. Enright: This project is in the exact same situation. [Continued to the January 4, 2022 Planning Board meeting] 3 Town of North Andover PLANNING BOARD Eitan Goldbe►g, Chair John Si►ions Peter Boynton Kelly Co►•ntier Alissa Koenig Trrestla j December 21 2021 t P.m., 120 Main Street Town Hall North Andover MA 0I845 DISCUSSION ITEMS Royal Crest Estates 1 & 28 Royal Crest Drive Trinity Financial Jim Keefe: Proposed Master Redevelopment Plan for the property. • Draft Mixed Use Overlay District bylaw—Part 6 & 7 J. Enright: At the last meeting Ave covered Articles 1-5 of the draft bylaw,tonight is review of Articles 6 & 7. Suzanne Egan: Reviewed Part 6 Design Guidelines and Part 7 Dimensional and Density Requirements. Part 6 addresses very specific details on the type of design guidelines that will be imposed on the development. Section 19.19 discusses the intent of the built community of the Mixed-Use Overlay District, addressing building placement, buffer requirements,screening utilities,orientation of the buildings-toward the open space, pedestrian access street,trees. 19.21 speaks to the open space criteria, it runs similar to our Site Plan Review guidelines and talks about enhancing the built community,highlighting the street trees, landscaping buffers, hiding utilities and trash with amenities. 19.22 discusses building articulation, 19.23 references architectural elements, 19.24 is about landscaping elements and amenities. 19.25 is more about native trees, plantings, lighting on the plans. 19.27 is about parking lot landscaping. Sections 19.29& 30 require a Master signage plan(commercial &residential) be submitted to the Planning Board for review. J. Enright: The historic mill area and Osgood Landing have similar provisions for a master signage plan. SSE.an: Roadway dimensional guidelines refers to, services,widths needed,parking requirements, sidewalks, cross walk and streetscape elements. 19.32 addresses stormwater and drainage requirements that are very standard. 19.33 & 19.34 address utilities,water facilities and sewer. 19.35 speaks to street lines. 19.36 is the dimensional requirement or required parking. We have a table 1936a showing required parking. The numbers on the chart are proposed by the project proponent. Board needs to discuss this to determine if they are comfortable with the numbers. E. Goldberg: Do we have any comments from the Building Inspector or DPW about whether they feel these parking requirements would be sufficient? J. Enright: No. What would be helpful is if the proponents could give us a table that shores what they're recommending versus what the bylaw would require for similar type of uses so that we could see the delta of the two. J. Simons: Can our traffic engineers weigh-in to share standards or suggest evolving standards for all these uses? It would be good to cross check the numbers. In urban settings,close to transit they used numbers in some cases that were too high; now they're going in the opposite direction. E. Goldbera: It would be helpful to look at what's proposed,what our current bylaw says and what's currently trending for recommended numbers these days? Is our bylaw too strict, is this too lenient or in line with what is done these days? S.Egan: It references shared parking. There is language in here for charging stations and for electric hybrid type vehicles, bicycle parking and there is also a provision for a modification of the parking requirements. 19.37 (Part 7)references dimensional requirements; we have maximum lot coverage the entire overlay district is 60%maximum building coverage. That also goes to the entire overlay district which is 30% and the minimum open space is at 10%. The Floor Area Ratio is 0.8%. Multi-Family Dwelling Units is no more than 824. Townhouses no more than 200 units, Independent Elderly Housing no more than 35%, Dorms no more than I beds. J. Enright: Those numbers are reflected (1309 units) in the August Program Summary. 4 Town of North Andover PLANNING BOARD Eitan Goldberg, Chair • ' John Sirtrorls Peter Boynton Kelly Cormier Alissa Koenig Tuesday December 21 2021 7 .nr. 120 Main Street Town Hall North Andover MA 01845 J. Sirnons: One of the problems with the way this is framed, is if you change the mix,you need to change everything. If you want to add or change one thing, a use for example,you'd have to modify the bylaw. Then if you modify the bylaw, everything shifts. Realistically, over the course of 10 years something will change. SEgan: You cannot exceed it; these are the maximum numbers. There is a provision in the bylaw that references change. There are 3 levels of review-(I) the Planning Board determines whether the change is significant or will cause issues. (2)a public hearing is held and then if it's not an adverse impact to the development there's the decision, after that there is a public hearing where the planning board determines whether it should go back to (3) town meeting. E. Goldberg: Let's say 5 years from now the dorms change to being 1005 beds,relatively minor. Then we accept that, but the bylaw says no more than I K. Are you then permitting something that is not allowed by the bylaw? S. E an: There are waivers& provisions to allow for that. Reviewed dimensional requirements for retail-no more than 72,819 sf, office-no more than 124K sf and hotel-no more than 102 keys(numbers match current Program Summary). Maximum heights for subdistricts 1-3 have varying not to exceed feet each. J. Enright: As currently presented maximum height in Subdistrict 3 =79 ft., Subdistrict 2=which includes the hotel would be 74 ft., Subdistrict 1=townhouses are roughly 40 ft. E.E. Goldberg: We will review sections 8 & 9 at a fixture meeting. J. Enright: Read into the record two abutter comments received. First was a response to an abutter comment. At the last meeting public comment was taken at the end of the agenda. The proponents had left the meeting. Reviewed written response to questions asked,the first was related to stormwater peer review and why it's only a preliminary design review. Read response into the record, (211213 Resp. to resident comments oil 211207). regarding whether there would be any prohibition of adult entertainment and/or banquet facilities,whether the hotel will have a conference room and/or-banquet facility. The proposed allowed use of hall club theater or other places of indoor amusement and assembly is a common permitted use throughout the zoning bylaw. Town Counsel and I both felt the banquet facility would fall under that. Ultimately, it is the Building Inspector's role to interpret the bylaw. Adult Entertainment is allowed in a specific zoning overlay. Terms are defined in the bylaw. It's not a permitted use within this proposed bylaw and therefore would not be allowed. The other resident comment was from Karin Fuog, 517 Rea Street(211204 Resident Comment Tuogsin) in favor of the Royal Crest Redevelopment. J. Enright: The Water Capacity Study has been received and it is expected that it will be on the January 4, 2022 agenda. I have asked a representative frorn Weston Sampson who conducted the study to attend that meeting. There are a couple edits being made and as soon as it is available it will be posted. Planning„Board: Draft Inclusionary Zoning bylaw regular sign bylaw E. Goldberg: We will postpone this discussion until everyone is in attendance. MEETING MINUTES: MOTION: J. Simons made a motion to approve the December 7, 2021 meeting minutes. K. Cormier seeonded. Roll call vote: K. Cormier voted yes.J. Simons voted yes. P. Boynton voted yes. E. Goldberg voted yes. The vote was 4-0, unanimous in favor. ADJOURNMENT MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by P. Boynton. Roll call vote: K. Cormier voted yes. P. Boynton voted yes. J. Simons voted yes. E. Goldberg voted yes. The vote was 4-0, unanimous in favor. Meeting adjourned @ 8:05 p.m. 5 i Town of North Andover PLANNING BOARD Eitan Goldberg, Chair .• Jolrlr Slltroils Peter Boyrrton �-�'. Kelly Cormier • Alissa Koenig Tuesday December 21 2021 6D, 7 P.im, 120 Main Street Towrr M11 Nol•th Aimlover,ALL 01845 MEETING MATERIALS: Planning Board Meeting Agenda December 21, 2021, DRAFT Planning Board Meeting Minutes December 7, 2021; Staff Report: 211221 Staff Report, 0 Salem Street CMTF Limited Partnership: 211210 Notice to sell agricultural land,211208 ANR Application, 211225 Conservation Comment, 211115 Building Comment,210920 ANR Plan; 137 Andover Street, Stevens Coolidge Place The Trustees of Reservations: Recorded Decision,Pictures: SCP Photos,En . Cert—As-Built: 211103 Eng. Certification Letter, 211102 As-Built Plan CRD, SCP Conditions Summary Final; 1503 Osgood Street Nick Hera Hera Development/Service Bury): Site Plan: Site Plan Hera Pg 4, Grading& Utilities Plan Hera Pg 5, Existing Conditions Plan Hera Pg 2,Recorded Decision: Recorded Decision—Hera Development, Pictures: IMG-3154, IMG-3152, IMG-3150, Service Bury—original bond paperwork, Service Bury—official Certificate of Organization, Locus, Hera Development—Corp. Articles of Organization,211214 Bond Release Request; 33 Appledore Lane Sean& Lauren Delaney: Stormwater Review: 211216 2"d HW Peer Review Letter,211208 Signed Response Letter, Plan Update: 211207 Site Plan 33 appledore, O&M Plan: 211208 Signed O&M; 212 Brentwood Circle John &Michelle Turnello: Stormwater Review:211216 HW 2"1 Peer Review Letter—212 Brentwood, 212 Brentwood Response Letter_12072021, Plan Update: 212 Brentwood Circle—Site Plan 12062021, O&M Plan: Signed O&M;Royal Crest Estates 1 &28 Royal Crest Drive Trinity Financial Jim Keefe: Resident Comment: 211213 Resp.to resident comments on 211207,211204 Resident Comment—Fuogsin, Program Summar . 211020 Royal Crest Program Summary; Draft Mixed Use Overlay District: 211221 Mixed Use Overlay to Planning Board; Draft Inclusionary Zoning Bylaw: 210831 Clean Part 13 Inclusionary Housing Requirements SE. 6