HomeMy WebLinkAbout2022-02-15 Planning Board Minutes Town of North Andover CiU CiC..,r
PLANNING BOARD
Eitan Goldberg, Chair • • Johir Sinuous
Peter Boynton ICelly Cormier
Alissa Koeiiig
Tiresrla Febiwai 15 2022 7 xim, 120 Maur Street Torun Hall North Andover MA 01845
Present: E. Goldberg,J. Simons, A. Koenig, P. Boynton-Remote, K. Cormier-Remote
Absent:
Staff Present: J. Enright, Suzanne Egan, Town Counsel
E. Goldberg, Chairman: The Planning Board meeting for Tuesday, February 15,2022, was called to order at 7
p.m. (Read Governor's Order into the record. This meeting is considered a hybrid meeting; both remote and in-
person. Votes will be recorded as roll call this evening.)
Pursuant to Chapter 20 of the Acts of 2021,this meeting of the North Andover Planning Board will be conducted in
person and via remote ineans,in accordance with applicable law.Specific inforination and the general guidelines for
remote participation by inembers of the pubtie andlor parties Ivith a right anllor requirement to attend this ineeting can be
found oil the Toom's rvebsite, (it rvivrv.irorillaiitlovertiia.gov. For this ineeting,in person attendance of lnenlbers of the
public and Board inenibers will be permitted.Members of the public ivilo wish to watch the meeting live imry do so oil their
televisions by tuning to Conicast Channel or Verizon Channel26 or online at iv►vrv.11orilialitlovercaiii.org. Every effort
will be made to ensure that the public can adequately access the proceedings ill real time, via technological inealls. In the
event that Ive are unable to do so, despite best efforts, ive ivill post on the Toivn of North Alldol er ivebsite all audio or video
recording,transcript, or other comprehensive record ofproceedillgs as soon as possible after the iueetiug.If the public
would like to participate in public hearings,but not attend the ineeting in-person please email your question/connilent
prior to or during the ineeling to letirigliojloi-tllailtlol,el'i11a.goi The question/continent hill be read during the
proceedings and responded to accordingly.
BOND RELEASES
Regency Place Carol Carroll North Andover Realty Corp.: Request for partial release of Roadway Bond in
the amount of$11,000, leaving a remaining balance of$74,000.
J. Enright: This 9-lot subdivision has been constructed and stabilized. Tim Willett,DPW provided a spreadsheet
detailing what the retraining bonds are being held for. Items include maintenance of the sewer,water main, storm
drains,pavement topping, street trees,topping,conveyance procedures and an as-built drawing. Original roadway
bond was$85K;Tim recommends a reduction of$1 IK.
MOTION: J. Simons made a motion to release$11 K in bond funds for Regency Place, leaving$74K plus interest
A. Koenig seconded the motion. Roll call vote: P. Boynton voted yes. K. Cormier voted yes. A. Koenig voted yes.
J. Simons voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor.
Autumn Chase, Carol Carroll North Andover Realty Corp.: Request for partial release of Roadway Bond for
3 phases of construction; Phase I (Lots 1-5) $11,200, Phase II (Lots 6-11) $10,000, and Phase Ill (Lots 12-16)
$18,760. The respective remaining balances are $19,900, $31,310 and $23,700,
J. Enright: Constructed by the sarne developer,this is a PRD and a definitive subdivision comprised of Molly
Town Rd. and Abby Lane.All Iots are fully constructed and stabilized. The Subdivision was built out in 3 phases.
All remaining fiends are being held for maintenance, street trees,topping, conveyance procedures and as-built
drawings.
MOTION: J. Simons made a motion to release $11,200-Phase 1, $10,000-Phase II, & $18,760-Phase 111,with the
respect of remaining balances plus interest remaining for Autumn Chase Subdivision(Molly Towne Rd.) A.
Koenig seconded the motion. Roll call vote: P. Boynton voted yes. K. Cormier voted yes. A. Koenig voted yes. J.
Simons voted yes. E. Goldberg voted yes. The vote was 5-0,unanimous in favor.
1
Town of Nordi Andover
PLANNING BOARD
Eitan Goldbe►g, Clrai►• Johst Sinro►rs
Peter Boy►►to►► •' N '• Kelly Co►•nrie►-
Alissa Koenig
_. y ..._ _._ 1.2_0Mahi St►•eet Torn► Hall,Nortli Andover,MA 01845
r►es�a Feb►•rra►y I5, 2022� 7 u.►n„ r, ,
NEW PUBLIC HEARINGS
Eitan Goldberg: Pursuant to Chapter 20 of the Acts of 2021,this meeting of the North Andover Planning Board will be
conducted in person and via remote means, in accordance with applicable law. Specific information and the general guidelines
for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be
found on the Town's website,at www,nortliandovernia.gov. For this meeting, in-person attendance of members of the public
and Board members will be permitted. Members of the public who wish to watch the meeting live may do so on their
televisions by tuning to Comeast Channel 8 or Verizon Channel 26 or online at www.northandovercarn.org.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,we will post on the Town of North Andover website an audio or video
recording,transcript,or other comprehensive record of proceedings as soon as possible after the meeting, If the public would
like to participate in public hearings,but not attend the meeting in-person please email your question/comment prior to or
during the meeting to ienri0it@noa-thandoverma.gov.The question/comment will be read during the proceedings and
responded to accordingly.
E.Goldberrs: Opened the public hearing. Provided an overview of how the public hearing will be conducted.
Annual Town Meeting Zoning Bylaw Amendment Articles:
i .19 Mixed Use Overlay District: The purpose of
Article X: Amend the Zoning Bylaw to establish Article
which is to enable the redevelopment of ail existing multifamily residential development under a Master
Development Plan to create a mixed-use development that provides goods, services,and a variety of housing
opportunities; encourage preservation of open space, and create a sustainably built, vibrant, walkable, pedestrian-
and bicycle-friendly environment within the district.
James, Keefe,Principal, Trinity Financial: Provided introduction.
John Martin, FAIR, Principal, Elkus Manfredi: Presented still images explaining proposal. Site comprises of 4
distinct districts, each with their own architectural characteristics. {Described existing Royal Crest site
characteristics: closest building 54 ft. from edge of Rt. 1 l4 screened by mature pine, oak, and maple trees that
become lush in summer; site today is 76 acres, 588 apartments.)New design focuses more on the pedestrian v.
automobile, enhancing community cohesion,walkable and provides more amenities for the town and college.
Master Plan is the result of 18 months of refinement and evolution, plan contains more community open space
than exists on site today. Buildings are set back 70 ft. from Rt. 114 to accommodate 100+mature trees screening
the site which are to rernain. Buildings are currently 70 ft, in this area,except for one building. Plan is anchored by
the Town Green in the middle. Site is buffered by over 23 acres of preserved existing woodlands and wetlands
enhanced and constructed to manage stormwater. Over 800 new trees will be planted on site. Four districts
characterize the plan: Mill District Town Center District Cam us District and Village District. Mill District is at
the eastern quadrant of the site. Mill prototype is easily readapted for residential use. Showed rendering of path
along front in both summer and winter. Town Center anchored by Green,has classic New England, colonial, red
brick architecture and is anchored to the north by a hotel and to the east by a multi-family residential apartment
building with small scale retail shops at its base. Showed view looking east along Town Green. Entry to site is
vertically marked by a clock tower. The street is animated by small scale shops with apartments above. Coming
across the Town Green,the hotel draws inspiration from hotels that anchor many New England villages. Campus
District comprises of 3 buildings housing 824 student beds centered around a preserved wetland courtyard.Neo-
Georgian colonial architecture with sloped roofs, double chimneys at each end characterizes the motif that occurs
throughout. Showed view from Town Green and during winter; dormitory leg that parallels Rt. 114 is set back
over 140 ft. The Village District is comprised of 199 attached townhomes overlooking linear greenspace anchored
by the clubhouse. Architecture is informed by New England saltbox architecture;attached townhomes, clapboard,
2
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Cltais•
John Simons
Peter Boynton •, .belly Cormier
Alissa Koenig
Tuesilay febiwai-y 15 2022 7 .m. 120 Main Sit•eet Town Hall North Ant/over MA 01845
and shingle siding, sloping roofs. Showed image of linear park with open space, playgrounds, strolling,dog
walking,townhomes lining edge to north,summer and winter view. Showed video presentation walk-through of
site.
Michael Lozano V.P. Development,Trinfty Financial: Summarized current proposed program and timeline.
Masterplan was introduced in September 2020. Public outreach played a large role in project's development.
Program includes replacement of existing 588 outdated apartment units with new modern apartments including an
additional 439 market rate apartments, 199 new townhouse style units, 35 apartment units dedicated to senior
living,the equivalent of 206 student housing dedicated units and 97 affordable apartments. Program includes a
new 102 key boutique hotel, 108,500 sq. ft. office building and approx. 70K sq. ft. of neighborhood-based retail.
Submitted Phasing Plan in October 2021 detailing how existing residents would be accommodated during
construction,timing and order of build-out and how utilities,access and construction mitigation would occur. Also
submitted a sample construction management plan;how impacts would be minimized over time. In July 2021,
submitted a preliminary stormwater analysis detailing stormwater management,wetland preservation and
expansion,and drainage. Existing site has been plagued by poor drainage and inadequate stormwater
infrastructure. State of the art stormwater management system will accommodate all stormwater drainage on site
and will not over burden the downstream infrastructure. Plans were peer reviewed and confirmed by town's
consultant. A detailed Traffic Analysis report submitted in October of 2020 was peer reviewed by the town's
consultant. Several follow up peer review reports have been submitted. Project generates more traffic than exists
today. Currently an average 4,500 vehicle trips are generated daily; at full build-out 10 years from now, studies
estimate 13,800 vehicle trips daily to and from the site. Rt. 114 will be completely different than exists today
based on MassDOT's Rt. 114 Improvement Project; at frill build-out 7 of 9 intersections will perform better than
today. In September 2021 submitted an Access,Circulation&Parking Report detailing beyond traffic,how people
will access the site by car, on foot, and bike. Also, in September of 2021 submitted Utilities&Infrastructure
Report studying the project's impact on existing infrastructure confirming that the impact is minimal. Sufficient
capacity exists concerning water, sewer, electricity, and other utility services. Existing buildings at Royal Crest,
now 50 years old are energy inefficient and outdated.New buildings will be built to new standards in
sustainability and energy efficiency. Presented open space and recreation plan to the Board. Plans include a 3-acre
Town Green at the center of the plan and a 1.5-mile walking/bike path that connects to new infrastructure planned
by the town and MassDOT. Over 46 acres of the site remains open space. As compared to other current projects
recently built by the town this project is less dense. Several Fiscal Impact Reports were submitted and reviewed by
town's consultant. Project is strongly positive to the town generating a net benefit of$2.1-4.3 million tax dollars
annually.
J. Keefe: Concluded presentation listing benefits; creates more housing,town will exceed the 10% affordable
housing rninirnuin required by state protecting the town in the future from 40B incursions, provides 35 units of
senior independent housing, retains 46 acres open space,construct 1.5 miles of walking trails, 70 ft. buffer zone
along Rt 114 and provides needed revenue. Existing Royal Crest costs town$500K-$1.5 million. Project
eliminates greenhouse gases with electrical heating and cooling systems. Establishes new link to MVRTA bus
lines.
E. Goldberg: Part of the record for this hearing is a significant file of all documents submitted since 9.15.2020
available for review in the Clerk's Office and Planning Dept. ("RecordDocs_MUOD Compilrttion as of 2-1-
2022') We will put together an overview list of page numbers highlighting important documents and numbers.
J. Enright: Other files include a file called ("Mist. Record Does. As of Feb. 1, 2022') containing raise. emails to
Board from staff,responses to those emails, and a separate file for the abutter/resident comments submitted
throughout the process.
3
Town of North Andover
PLANNING BOARD
Eitmr Goldberg, Chair •- Jolt►i Si►ito►ts
PeterBoynto►t •' ' KellyCor►rtier
Alissa Koe►rig
Trrestlay February 15, 2022 a, 7p.m., 120 Main Street_T_owiz Hall,North Andover,MA 01845
E Goldberg: We discussed an overall town-wide traffic Study
that has been approved for funding.
J. Enrijzht: A quote was solicited and funded; estimated completion is 8 weeks once the analysis begins.
E. Goldberg: Read two resident comments into the record:
K.K. Flipg, 517 Rea St.: Expressed support for all aspects of the mixed-use development,affordable housing,
architecture, etc.
N. Sarro,44 Equestrian Dr.: Expressed support of the project and inquired about increased student enrollment,
water supply sufficient for increased residents, and phasing of current residents living at Royal Crest.
E. Goldbcr : Current estimates for enrolled students can be found in our documents. Let's have this ready for our
next meeting.
M. Lozano: We did extensive studies on impacts to the school system. Our consultant did a study and the town
engaged multiple consultants for peer reviews.That information is included in the packet called ("Record
Does MUOD Compilation as of 2-1-2022'). Will follow up with specific information.
J. Enright: TBA Architects was the town's peer review consultant. The memo dated November 10, 2021 was sent
to N. Sarro. TBA's projection was an additional 89 students to the existing 213 students at Royal Crest today.
J. Simons: Expressed concern that the incremental number of students would be the catalyst to drive us over
capacity through the whole system and Trinity's financial numbers don't calculate that. We may need to spend
$30-40 million to build a new school which should be put on the table as one of the consequences.
E. Goldberg: Agreed. It would be nice to hear from the School Dept. and/or Town Manager as to how numbers
would be addressed, whether we hire more teachers, build a new school, rearrange the facilities master plan to
address how we renovate the schools. We need to know what the possibilities are and how to deal with them. The
other part is discussion of a development agreement that speaks to the effects and potential funds available to
address the issues. Secondly, is the water study sufficient?The consultant spoke to the Board and concluded that
there is sufficient water capacity for 10 years. Referenced third question regarding relocation of existing residents.
M. Lozano: We submitted a detailed phasing plan in section 2.2 of the large packet of documents detailing what
buildings would be brought online,what time, which existing buildings would be emptied out and
reaccommodated in the new buildings. All existing residents will be reaccommodated in the process.
E. Goldberg: Read third resident comment into the record:
J. Bloise, 106 Berkeley Rd.: Expressed objection to project. Communicated that this project cannot be taken in
isolation and that the Amazon distribution and the two other major housing/retail projects under construction
(across from Butcher Boy and behind China Blossom)will bring this town to its downfall with all public set-vices
and flow of traffic along Rt. 125.
J. Enright: Read two emails received during the hearing into the record:
L. Rudnicki, 32 Marblehead St.: Communicated that at the Dec. 9, 2020 Conservation Commission meeting the
developer stated the grade of the property needed to be elevated in order for the storm water to function properly.
Questioned what increased grade elevations is required with the latest revised plans. Asked what guarantees are
built into the proposed zoning bylaw that would cap the building height based on the current grade not off the new
grade. Cautioned that diverting the water and changing the grade would likely have an impact to the mature tree
long term viability. Questioned whether and independent arborist has been consulted on whether these trees will
survive with grade changes,wetland and storm water modifications.
L. Rudnicki 32 Marblehead St.: Questioned whether the setback distances proposed along Rt. 114 are based on
current property lines and, if so, what are the proposed setback distance after the land taking by MasDOT.
M. Lozano: Doesn't anticipate any significant grade changes over existing and doesn't expect to
significantly affect the ultimate height of the buildings;new drainage and stormwater infrastructure is state of the
art below ground; proposed setback is to the property line. It is significantly larger than existing, no diminishment.
4
Town of No►•th Andover
PLANNING BOARD
Eita►t Goldbe►g, Chair • • Jolur sin:oals
Petet•Boynfoii Kelly Cormier
Alissa Koenig
Tuesday February 15 2022 k 7 .►tt. 120 Main Street Towit Hall North A►tdove►• MA 01845
The state is not doing any"taking"of property. Plans to engage a professional arborist to do an assessment of the
existing mature trees to ensure survivability and that they are protected dining construction.
Michael Lis, 30 Leanne Dr.: (Speaking as a citizen, not as a member of any Board) Member of the School
Capacity Subcommittee. Historically, over the past 30 years we have averaged about 30 additional students per
year and will for next ten years; doesn't see a major change in this, including this development and all recent
projects. Described short comings in existing structures: Middle School and elementary schools are overcrowded,
students are in old temporary structures,Atkinson's roof is failing,Franklin has rotting gym floors,Kittredge has
original wiring, Atkinson& Franklin lack fire sprinkler systems,those schools are not ADA compliant. Plan is in
place to address the Middle School & Kittredge within a few years; Atkinson &Franklin to follow. Franklin
overhaul is expected in 10+years. Capacity was an issue prior to our developments. Our ability to fix the issues is
based on available finds, both capital expenditures and revenue to provide new teachers. Revenue created by this
project would allow us to address school issues. This development is a substantial net positive for our school
system. Expressed positivity over town's intergenerational nature; stressed need to "preserve the town for its
people".
Ryan Schruender, 60 Fhlllrps Ct.: ('AI1nnni of Merrimack) Concern for lack of community's familiarity with
project.
J. Enright: Described public hearing Legal Notice requirements.
E. Goldberg: The Bylaw is structured as a proposed overhaul of the zoning for the property. This clearly doesn't
fit into the existing zoning for this property. The zoning we have been discussing for the Iast year at meetings has
all the components to that proposed zoning, building locations,heights, qty. of units, etc. The town will vote on
that, if approved,the bylaw is structured for a Plan Approval process. We anticipate notices to abutters would go
out for the plan approvals.
R. Schruender: Communicated that there is misinformation out there; many meetings have occurred with several
iterations of plans. Expressed concern for residents at Town Meeting not knowing what this project is about.
Questioned whether the school entertain "forced triples"?In 5-10 years,what is the max number of beds
Merrimack College will have? Can they force the Dover-Amendment?Can Merrimack continue to rent apartments
at the new apartment complex?
M. Lozano: Confirmed 824 beds. Doesn't expect rentals to occur because the student housing needs are
accommodated with the new development.
E. Goldberg: That's fair; we should continue outreach outside of the public hearings. It's been difficult to try to do
that where the plan kept changing.Number of dorm beds is not up to Merrimack;they would have to come before
the Board or Town Meeting for any proposed changes. It is worth discussing your point regarding the Dover
Amendment. There's nothing in the bylaw to prevent students from renting; you can't prevent that from
happening. We could entertain an agreement with Merrimack to consider that.
R. Schruender: Questioned whether there has been any discussion of a dormitory building becoming an acadernic
building?Heard townhouses would be sold off to another developer. Will there be something in the bylaw
stipulating that the townhouses cannot be rented; expressed preference for owner occupied.
Jeff Doggett, 84 Johnson St., Merrimack College E.V.F., CFO: Explained that the College must seek town
approval when adding students. The review includes safety, fixture counts, sq. ft.,etc. Expects a cap on number of
student beds. We could still build on our corner, however the only reason to be part of this project was the vision
as an institution to leverage our growth to help produce an economically viable project for our community that will
do everything Trinity has proposed, provide affordable housing, retail, hotel,etc. Housing produces more revenue
which we can then use to help diffract the cost of developing it ourselves. Communicated that the goal was to gain
5
Town of North Andover
PLANNING BOARD
Eitatt Golrlbetg, Chair •' JOltlt Srfnons
Peter,I3oyittott Kelly Cor•miet-
Alissa Koettig
Tttesrla Februat 15 2022 7 .tit. 120 Mrtitt Sh-eet Towtt Hall North Attrlover MA 01845
beds, not land or space for other purposes. We have plenty of land to do more academic housing or buildings if we
need to and if this project weren't to come to fruition,we can still do what we need to do on our existing land.
E. Goldberg: I don't think there will be anything in the bylaw stating the townhomes will not be rented. They are
planned for ownership and required to have management agreements. That would be an internal item that could be
raised and addressed during the plan approval process.
Barbara Suhr, 148 Main St.: Questioned what is considered affordable housing in North Andover. Is it in between
luxury and 40B or are you talking affordable as being 4013?The apartments we are building now are unaffordable,
$1,800 for a studio. Read her letter written prior to meeting;too large and dense,empty retail,empty apartments,
increased traffic,taxing on services-police and fire, development is tax free for college,concerns regarding water
supply and sewer outflow to Merrimack.
J. Enright: In context of this review,we are referring to affordable as a 40B development. This is considered a
"friendly"40B meaning the developers will work with us; low to moderate income up to 80%of the annual
median income.
J. Simons: Expressed that it is important to put this in context. Most apartments are market rate which is
reasonably expensive. The townhomes are not inexpensive.Not many people in their 20's will afford these. You
will need a good income to live in all the housing in this development aside from a few affordable units. This
project helps the overall Merrimack Valley housing situation,with very limited impact for North Andover.
E. Goldberg: It's"affordable"and falls under the 40B statute; briefly explained Inclusionary Zoning bylaw.
J. Enright: Explained that all of the 385 units 40B units count toward our Subsidized Housing Inventory list and
will be counted toward the 10% affordable housing requirement.
J. Doggett: Provided brief explanation as to how Merrimack got to this point. Dorms are only non-taxable
structures; institution pays for water and sewer,own police force. We really like this project; improvements and
reconfigurations are positive. Explained that if this project doesn't go forward, likely we'll build 800 beds on
campus pulling 800 students from Royal Crest freeing up 150+units of housing, mostly 3-bedroom units which
will have an impact on the schools. I am as concerned about that as everyone. Best thing for the college to do is
use our growth as leverage. We remain very excited and supportive about this project.
Mike Consoli,35 Meadowood Rd.: (Ahnnni ofMejrimack) Voiced safety concern for students constantly crossing
Rt. 114 to visit convenience store,friends, park, parents staying at hotel, etc. Feels North Andover is not a college
town. Questioned whether Merrimack needs to be part of project. Posed issue of young children and parents
coexisting with college students on the Town Green. Suggests college needs to invest more time with community
outreach to include educational activities, student athletic programs,etc.
Lyne Jackobek, 105 & 57 Berkeley Rd.: Communicated that the project was brought to the college by the previous
Town Mgr. and Select Board members; college is the driving force behind this project. Referenced "scare tactics"
used by Merrimack putting Aimco in a difficult place. If we don't let them build,they'll use the Dover
Amendment. Expressed a lack of integrity. If a piece of property is sold to Merrimack—Merrimack will maintain
their own piece. Will the rest of the property be maintained by Aimco? Dismayed with Aimco for not removing
fallen tree lirnbs on her property in the buffer zone for 30 years. Inquired whether Aimco would hire an arborist to
assess the falling trecs; was told they hired an arborist and just heard tonight they didn't. Will this border area be
assessed?Doubts they can be trusted to maintain this large development, if they can't address or maintain a
property in the buffer zone?
Max Butterbrodt, 118 Brookview Dr.: (Member of Housing Authority in Town but here as a private citizen)
Expressed, as a 26-year-old,young,professional attorney, lie cannot afford to live in this town that he grew up in.
Friends have moved away due to this. Supports the project that will allow residents to stay in town.
6
Town of North Andover
PLANNING BOARD
Mimi Goldberg, Chair •• Johit Simms
• Ifelly Corr1tier
Peter BOyittDlt •
Alissa Koenig
Tiresda Febmai-y 15 2022 k 7 .m. 120 Maul Street Twit Hall North Andover MA 01845
Laura Craig-Comin, 58 Fernwood St.: Grew up in Andover, under 40 years old,just moved back to area. Had
friends who lived in Royal Crest growing up. Very interested in project concept. Moved away from Malden,
unaffordable to buy there; loved the diversity,access to amenities; similar things this project would bring to North
Andover. Surprised by tension that seemingly exists between Merrimack and the town. After living in Amherst,
MA. Students will find ways to live amongst us if there is a good enough college to attract them to an area. We are
fortunate that the college is growing in reputation and stature. It's difficult to keep a lid on things forever if people
have the money and means. Expressed that an incredible effort has been made by these developers that we have
this much personal access to. Excited to see the direction of this forward-thinking project; incorporating wetlands
is innovative, LEEDS certification, criteria for meeting sustainable design and development,etc. Expressed
support for the project.
E. Goldberg,: Thanked the public for their thoughtful responses. There are more public hearings before us, after the
hearings and informational public process,this Board will take a vote to represent the warrant article favorably or
not,which is simply a recommendation for Town Meeting; Select Board and Finance Committee will do the same.
This project goes to Town Meeting for a vote. Encouraged residents to register to vote and attend Town Meeting.
Planning Board will have an advisory role as to our vote and we'll talk about it at Town Meeting. There will be
opportunity to talk and ask questions at Town Meeting.
M. Consoli: Defined the state of MA 40B as having an income restriction of 1-person liorusehold-$56, 800, 2-
person household-$64,900, 3-person household$73K,4-person $81,100. People are saying it's great, I can move
back to this town. If you make too much money or have too much in your bank account,you can't. In real estate
it's very difficult to acquire a 40B house, it's a very small margin;you're either over or under qualified.
E. Goldberg: Clarified those are state numbers, but we are in a region category. We will obtain those exact
numbers and have thern for the next meeting.
M. Lozano: Today at Royal Crest there's 588 apartments;they are market rate with no affordability. We have
maintained the exact same level of affordability(97 permanently affordable apts.)affordable under the definitions
of state law throughout the several program iterations.
George Koehler, 41 Quail Run Rd.: Expressed that there is a dearth of 40B housing, less than 10%. Roughly 25-
30% of the people in this town make no more than 80% of the area median income which is the threshold and
legal definition for affordable housing. That statistic is in the Master PIan, based on the census, it also appears in
the housing production plan. We are at 8%but if you count the actual units that are affordable to someone making
80%, it's closer to 7%. Stressed the need for affordable housing. The 40B component has 395 apartments of which
97 are affordable.The remaining apartments are going to be modestly priced. A developer won't build apartments
that are$3K per month with apartments renting for under$1K. In addition to the affordable component there will
be moderately priced apartments,which is another benefit of this project. A greater range of rental or housing
prices is being provided. Housing costs are rising faster than incomes; people are getting priced out. This project
will help accomplish that.
J. Simons: Respectfully disagreed. They couldn't subsidize that many units without charging market rates as high
as they can; speculates cost$3K per month. Questioned in aggregate what the total number of housing units today
are and the total number of housing units are going to be in the future?
M. Lozano: Today 588 units are all rental-market rate,as proposed in housing equivalent units we propose 1,264
units(includes 385 apartments under 40B,439 multi-family units; within those numbers are the 97 affordable
apartment units, 35 senior-active living or age-restricted apartments, 199 townhomes, 206 student housing units
housing 824 students).
J. Simons: Confirmed project size is roughly 2.5 x denser. (2.1 million square feet)There will be more traffic; Rt.
114 project will mitigate that; however,we don't know when the MassDOT project will occur?Traffic redo
7
Town of North Andover
E PLANNING BOARD
I
Eitan Goldberg, Chaff► •' John Si►►ro►ts
Peter Boynton •. Belly Co►•►sties
Alissa Koenig
Tuesday Febritai-P 15 2022 OD 7 P.►n. 120 Maht Street Tower Hall North Andover MA 01845
involves intersection changes, adaptive signaling will happen at the end of the project; there's uncertainty about
the tinning of roadway improvements. Clarified location of over 55 units to east away frorn downs. (Building G-1)
35 units 4-story building. heels there are too many townhouses; that component hasn't quite come together yet.
M. Lozano: There is a timeline. MassDOT would have to confirm a start date. Travel lanes will increase there'll be
turning lanes introduced and new signalized intersections introduced at Hillside. Within the corridor there are
significant improvements, travel tun lanes and changes. Reviewed heights and numbers of stories in different sub-
districts.
J. Enright:Next public hearing is March 1, 2022 and March 15`r' is targeted for the Board's recommendation.
Questioned whether the Board would like to consider a joint meeting with the Select Board on March 14,2022.
This meeting would be in addition to this Board's regular calendar. Board seemed agreeable to a joint meeting on
March 14.
(Continued to the March 1, 2022, Planning Board Meeting)
Article X: Amend the Zoning Ma of the Town of North Andover by including approximately 76 acres of land
located at 1 and 28 Royal Crest Drive, known as Royal Crest Estates Town Assessor Map 25, Parcels 66 and 35,
into a Mixed-Use Overlay District. (Continued to the March 1, 2022, Planning Board Meeting)
DISCUSSION ITEMS
Planning Board: Vote to request an advisory opinion from the Department of Housing and Community
Development regarding whether a zoning proposal affects an eligible location.
Suzanne Egan,Town Counsel: Explained that the discussion item before the Board is whether the Planning
Board wants to take a vote to request the DHCD for an advisory opinion as to whether or not this affects
an eligible location under the Housing Choice Act. Amendments to the zoning act create a different quantum
of vote for town meeting. (2/3 or a simple majority vote) Housing Choice Act allows for a simple majority vote
providing you rneet certain criteria. One of which is whether or not a project's housing is allowed in an
eligible location. The stature allows you to get an advisory opinion from DHCD as to whether this would
be an eligible location. The definition of an eligible location is a town, a commercial center or a town
center, or an area of commercial activity. The developer proposes the quantum of vote which is then presented
in the Town Meeting warrant. DHCD is part of the regulatory authority that looks at the zoning and that opinion is
submitted to the Atty. General for approval.
E. Goldberg: Expressed that it's clear this meets the definition: this project is near transit, with housing. f
don't view pursuing an opinion can hurt; they're coming up with the guidance for the housing choice.
E. Goldberg: The Governor's office is urging every town to start adding housing and this is one of their
ways of doing it. Clearly this is an eligible location. We will have to go back and look at the other
criteria in the bylaw which are a little more nuanced as to whether it meets all the criteria for the 50% or
whether it's for the 2/3's.
Board: agreed to pursue the opinion.
MOTION: J. Simons made a motion to request an advisory opinion from DHCD regarding whether a zoning
proposal affects an eligible location. A. Koenig seconded the motion. Roll call vote: K. Cormier voted yes. A.
Koenig voted yes. J. Simons voted yes. E. Goldberg voted yes. P. Boynton voted yes. The vote was 5-0,
unanirnous in favor.
8
Town of North Andover
PLANNING BOARD
Eita►r Goldberg, Chah- • • John Si►►ro►is
Peter Boynton Kelly Cor►vier
• Alissa Koenig
Titestlay Febriiary 15 2022 7 pjnt, 120 Main Street Toivn Hall North Andover MA 01845
Article X: Amend the Zonina Bylaw to establish an Inclusionar Housin Re uirements b lary and thereby
amend Article 8, Supplementary Regulations, by adding Part 13 Inclusionary Housing Requirements.
J. Enright: No comments have been received.
Michael Lis: Adding a bit more housing does not"solve"the problem but the cause of unaffordability of housing
is a lack of supply of both market rate and affordable housing. We can't solve that 100%by ourselves but we can
choose to be part of the solution or part of the problem. This amendment is an important piece of that.
P. Benton: Summarized locations of several recent multi-family residential developments. Expressed that the
town has consistently done its part in adding housing units over a long period of time. Consequence to our schools
is important; are we adding 96 students or are we having to build a$30-million dollar school?Another
consequence is that this would be our single largest development. Once there's one development of this size and
density are we welcoming more of these developments?
E. GoIdber : The town has done well at addressing housing but not at providing affordable units. Most recent
proposals have been market rate. We are in a better place than a lot of towns, but we still have the need. If we want
to increase our per pupil spending to address our needs, we need more tax growth.
(Con inued to the March 1, 202Z Planning Board Meeting)
MEETING MINUTES:
MOTION: J. Simons made a motion to approve the February 1,2022, meeting minutes. A. Koenig seconded the
motion. Roll call vote: K. Cormier voted yes. P. Boynton voted yes. A. Koenig voted yes. J. Simons voted yes. E.
Goldberg voted yes. The vote was 5-0, unanimous in favor.
ADJOURNMENT
MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by A. Koenig. Roll call
vote: K. Cormier voted yes. P. Boynton voted yes. A. Koenig voted yes.J. Simons voted yes. E. Goldberg voted
yes. The vote was 5-0, unanimous in favor. Meeting adjourned @ 9:58 p.m.
MEETING MATERIALS: Planning Board Meeting Agenda February 15,2022, DRAFT Planning Board
Meeting Minutes February 1,2022; Staff Report: 220215 Staff Report;Regency Place, Carol Carroll,,North
Andover Realty—Corp: 210203 DPW release recommendation memo, Carroll—SOS report, Recorded PRD Staff
Report; Modification Decision;Autumn Chase Carol Carroll North Andover Rea-Ity Corp.: 220207 DPW
recommended release—Autumn Chase, Definitive Subdivision Decision,PRD Decision;Article X: Amend the
Zoning Bylaw to establish Article 19 Mixed Use Mixed -Use Overlay District: 220215 Presentations:
22_0215_Town Mceting_V2, RC-Project Walk-Through—22-0215 (Video), Draft MUOD Warrant Article and
Plans: 220201 Building Heights, 220211 Royal Crest—Master Development Plan, 220215 Draft Article-MUOD
Article 19_redline; Record Documents: Misc. Record Does. As of Feb. 1, 2022,Record Abutter-Resident
Comments-Royal Crest, Record does_MUOD Compilation as of 2-1-22; Resident Comment: 220211 Resident
Comment—Fuog,220214 Resident—Sarro, 220215 Resident Comment Rudnicki, 220215 Resident Comment
Rudnicki (2); Traffic Follow-up: 220104 Board traffic request, 220131 VHB resp. memo to Ja. 4 Board req.;
220215 REV Mixed Use Parking Ratios TFI; Article X: Amend the Zoning Map: 220211 Royal Crest—Mixed
Use Overlay Map,220211 Warrant Article Mixed Use Overlay District Map; Article X: Amend the Zoning
Bylaw to establish an Inclusionai Housing Requirements bylaw: 210215 Warrant Article Part 13 Inclusionary
Housing Req, Inclusionary Zoning Comparison, Inclusionary Zoning PB Presentation 9.2Updatc,
9
Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair •' John Simons
Peter Boynton •. Kelly Cor►nie►'
• Alissa Koenig
Tues(lay Februar J 15 2022 7 pxt., 120 Main Street Toiprr Hall North Anrlover, MA 01845
Local Inclusionary Bylaw_Map; Planning Board: DHCD guidance re threshold for vote to adopt zoning bylaw,
Request an Advisory Opinion ou Ch. 40A Eligible TLocations Mass.gov(1).
10