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HomeMy WebLinkAbout2022-11-01 Planning Board Minutes rr• �,�•Z�Z� Town of North Andover PLANNING BOARD Eilan Goldberg, Chan' • • Sean Kevl(ahan • �r� Kelly Courtier Peter Boynton ,• John5irrtons Alissa Koenig Tuesda r November 1 2022 7 p.m., 120 Main Street Town Hall North Andover MA 01845 Present/Planning Board: E. Goldberg,J. Simons, A. Koenig, P. Boynton, K. Cormier-Remote S.Keviahan,Assoc. Absent: Staff Present: J. Enright E. Goldberg,Chairman: The Planning Board meeting for Tuesday,November 1,2022,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 Chtipter°107 of the Acts of 2022, this rneeting of the North Andover Plunning Boartl►pill be corr(lucted in person and via remote ineans, hi accordance with al)plicable Imp. Specific information and the general guRellnes for remote p(rr'ticipation by members of the public an(llor parties ►pith a fight andlor requirement to attend this rneeting can be found on the Town's website, at►p►pw.rtortlrrmrloverrrxr.gov. For this rneeting, ht Iverson attendance of inenlbers of the public and Board rneinber's ►vill beper•rnitted. Members of thepublic►pho wish to watch the rneeting live nnty do so ors their televisions by tuning to Comeast Channel 8 or Verizon Ch(urnel26 or online at w►pw.nor•tli(rrr(loi>er•c(nrr.org. Every effort spill be rna(le to ensure that lire public can mlequatell�access the proceedhngs in real time, via technological means. In the event that we lire unable to do so, despite best efforts, ►ve►vill post on the Town of North Ando►�er►pebsite(tit au(lio or video recording, trituseript, or other comprehensive record ofproceedings as soon aspossible after the meeting.If thepublic would like to participate in public hearings, but not attend the rneeting irr))erson please email your questionleornment prior to or(luring Ilse rneeting to The questioulcomment►pill be re(r(l driving the proceedings and respon(led to(tecordingly. BOND RELEASE: 212 Brentwood Circle,John Ternullo:Request for release of a$4,000 performance bond associated with the approved Watershed Special Permit to allow for the installation of an inground swimming pool,patio, shed, and fencing within the 325' Non-Discharge Zone of the Watershed Protection District. J. Enright:This Watershed Special Permit was granted January 4,2022 to allow for the construction of a pool,patio and accessory structure, Construction is complete and the area is stabilized. An engineer certification letter,pictures, an as-built plan and site photos are included in your meeting packet. MOTION: P. Boynton made a motion to release the$4K performance bond for 212 Brentwood Circle. J. Simons seconded the motion.Roll call vote: K.Cormier voted yes(re►note).A. Koenig voted yes.J. Simons voted yes. P. Boynton voted yes. E. Goldberg voted yes.The vote was 5-0, unanimous in favor DISCUSSION ITEMS 400 Great Pond Road Steering Committee: Planning Board Chair or designee E. Goldberg: Designated^John Simons, Master Plan Implementation Committee: Quarterly update E. Goldberg: Provided an overview of the progress that has been made, especially updating the website. Suggested that everyone visit the website,which shows the Master Plan strategies and provides updates as efforts towards those strategies are advanced.Read the MPIC 2nd/3rd quarterly progress report letter. Primary focus of this quarter was to continue to refine the website, letter provides link to website.MPIC was invited to present their analysis and findings relative to the Proposed Royal Crest Redevelopment at Town Meeting last May. MPIC has begun discussions relative to Accessory Dwelling Unit bylaw allowing small accessory dwelling units on existing residential properties and how it would align with the Master Plan to address the need for affordable housing. Outlined next quarter objectives and requested biannual(Jan./July)Committee reports. 170 Pleasant Street Lauriann and Mille Messina: Request for a Site Plan Review Waiver for the operation of a day care. The property is located in the General Business zoning district. 1 Town of North Andover PLANNING BOARD Eitan Goldberg, Chair 0 ���ri, Sean Kevlalian Peter Boynton Kelly�6 Kelly Cormier Jolrtt Simons Alissa Koenig Tuesdav November 1, 2022(4), 7o,rn., 120 Main Street Town Hall, North Andover,MA 01845 J. Enright: Late Thursday afternoon I received a Building Permit application for a daycare center located at 170 Pleasant St. The former use was medical.The proposed daycare use required a Special Permit from the ZBA,which was granted. The Building Commissioner has confirmed the parking requirement.The requirement is 35 spaces and 38 are provided Lauriann Messina&MichaeI Messina owners&residents:M.Messina explained his wife has owned and operated the Little Learners Day Care initially from home and then opened the 586 MA Ave. location in the Church.Purchased 170 Pleasant St. in order to add a second location to satisfy continuing daycare requests.The space will be remodeled to house 80 students and 16 staff members.Highlighted parking and playground areas,parent parking and drop off areas.Business hours are 6:30-- 6:00 p.m. Morning drop offs typically at 6:30 a.m. and 10 a.m.;afternoon pickups will be between 2 and 6:00 p.m.Full time staff will have staggered 8-hour shifts.Handicapped parking will be accommodated. Playground area to be 4"thick rubber tiles over pavement.Described white vinyl privacy fencing location,gates,chain like gate,guard rails,and staff walkway.No trees to be removed. Owners noted there is no legal issue with locating daycare next to a gas station;an environmental study has been cleared. E. Goldbe : Expressed his initial concern was whether we were adding traffic. The doctor's office was 9-5 with people coming and going all day;employees as well. Suggested that the daycare appears to be similar and doesn't appear we would require additional traffic data. J. Simons: Expressed that the safety of the children is paramount and felt it has been accounted for. MOTION: A. Koenig made a motion to grant the request for Site Plan Review Waiver for 170 Pleasant Street. J. Simons seconded the motion.Roll call vote: K. Cormier voted yes(remote).A.Koenig voted yes.E. Goldberg voted yes.J. Simons voted yes. P.Boynton voted yes.The vote was 5-0,unanunous in favor. NEW PUBLIC HEARINGS: 104 Bonny. lane,Patrick J. Gaffny: Application for a Watershed Special Permit under Article 4 Part 5 and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize construction of an inground pool,patio,and perimeter fence within the Non-Disturbance Zone of the Watershed Protection District.The property is located in the Residential I zoning district. J. Enright: Project includes a minor grade change and installation of a new permanent structure within the Non-Disturbance Zone of the Watershed Protection District. The proposed pool and pervious patio are located outside the Conservation Commission's 50'No Build Zone,however it is located almost entirely within the 100' Non-Disturbance Zone of the Wetland Protection District and work within 100' is subject to the Conservation Commission's jurisdiction. An application for approval of a ZBA variance for the installation of the permanent structure within this zone has been filed and the hearing is scheduled to open November 15,2022.A Notice of Intent application is required by the Conservation Commission as well. Tile parcel is just over one acre and located on the northerly side of Bonny Lane near the end of the cul-de-sac.Proposed pool construction is located outside of the 250'Non-Disturbance and 325'Non-Discharge Buffer from the lake.The presence of wetlands means the pool is located within 100' of the Nan-Disturbance Buffer and 325'Non-Discharge Buffer to a wetland resource within the Watershed District.The parcel currently has a wooden picket fence and a portion of chain link fence is to be replaced with a new chain link fence in the same location.The fence encroaching on the abutting property to the north will be removed with evidence of the owner's consent. An engineer has provided written certification the proposed pool will not result in significant degradation of the quality or quantity of water in or entering the lake. We received our first peer review letter from Horsley Witten Group(HWG)which the applicant is reviewing and preparing a response to.An Operations and Maintenance Plan for the pervious patio and the pool is to be provided. P.Boynton: Communicated that the property line boundary between Maps 462-50 and 462-51 has a stream entering the lake. The origin of the stream is not known.Expressed that any stream is expressway into the lake. Would like to know whether our consultant is taking into effect the impact of this stream;pool procedures are critical here. Dennis Griecci,PE,Andover Consultants: The work is more than 400' away from the lake.Presence of an onsite wetland in the upper left corner of the site places us in the Special Permit application process.The pool will be approx. 50-60' away from the resource area so it meets the 50' setback Conservation requirement.The placement is on lawn area and has been used as such for years.Lot was created in 1980 pre-dating the October 1994 bylaw;site is in the Watershed Protection District thus we make the assumption that all water will have an impact to waters in the lake.Patio and pool will be grading toward the wetland area vs. the lake to recharge and infiltrate. 2 Town. of North Andover PLANNING BOARD Eitan Goldberg, Chair • • Senn Ifevlahan Peter Boynton • ► a Kelly Cortidei .John Simons Alisso Koenig Tuesday November 1 2022 r 7 Pan., 120 Maim Street Town Hall North Andover MA 01845 P.Bo ►y lto€]:Questioned whether the wetland is the origin of the stream. If it is,suggested that it won't recharge in the wetland, it'll follow the stream quickly into the lake. D. Griecci: We developed the site with a pervious paved patio so we can recharge the patio. We are developing the pool operations plan to address this request from HWG. E.Goldbere: Expressed this concern is of a different level than standard based on the location of the stream in proximity to the lake. Photographs,review,documentation,anything that demonstrates where this water is going and what will happen to it, will give us more ability to Make an approval. J. Simons: Questioned whether the wetland is connected to a larger wetland as a tributary to the lake or is it an isolated wetland. What is the ecosystem is there?Where this house was built in 1980, it's not subject to the current watershed bylaw. Communicated that what is being proposed is not in compliance with the bylaw its under because they're seeking a variance, so unless they get a special waiver due to soil conditions,slope or topography,technically they cannot do this. D. Griecci: Will have the wetland biologist prepare a detailed wetland report. Believes it's a small isolated wetland that does not show up on the town GIs. E.E.Galdberg: Requested a response to the peer review comments and to the Board's discussion. J. Enright:They meet with the ZBA on 11/15/22,which is the same night of the next Board meeting. Suggests a continuance to December 611' if progress is made on the peer review comments. D. Griecci:'I`he soonest we can be before Conservation is 12/12/22, [Confirmed to the December 6, 2022 Planning Board tweeting] 0 Turnpike ike Street Middleton farms,LLC: Application for a Site Plan Review special Permit Article 8 Supplementary Regulations,Part 3 Site Plan Review and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. The applicant proposes redevelopment of the property consisting of(i)the razing of all existing structures;(ii)the construction of a 167,933 SF industrial building that encompasses the"Towns of No. Andover(106,321 SF)and Middleton(61,612 SF);(iii) the construction of a new access drive(located in Middleton);(iv)tine construction of all associated parking areas, stormwater management structures,shared septic system(located in Middleton),and utility installations;and(v)construction of a 14,303 SF outdoor storage yard(located in Middleton). The project is located within the Industrial I Zoning District. E. Goldberg: Explained public hearing process to audience. J.Enright: Project parcel straddles the town boundary with approx.7.1 acres located in No.Andover and 4.8 in Middleton. There is 260' of frontage in Middleton; no frontage in No.Andover.Applicant is simultaneously applying for Site Plan Approval and a Use Special Permit from the Middleton Board of Appeals. All project utilities will be connected to mains via utility providers in Middleton,electricity by Middleton Electric Light and water by the Danvers Water Dept. Sewer will be provided by an on-site septic system located in Middleton.Applicant proposes to use the No. Andover portion of the building as offices with associated indoor storage for various contractors,warehouse space,and research&development space.The property is currently used by various contractors, landscapers,service companies, a fuel supply company and industrial businesses with commercial vehicles. Most uses of the property involve outdoor equipment&supply storage and trailers. There are no permanent structures in No. Andover and two permanent structures in Middleton;a barn and dwelling which will be razed to accommodate construction of the redevelopment. A community impact and fiscal impact statement have been provided, Fiscal impact suggests the redevelopment will create an immediate positive fiscal impact benefit to the town by generating property tax revenue through the redevelopment without associated burdens. Building improvements are anticipated to generate recurring revenues of up to$300K per year.There will also be additional tax revenues generated from personal property and equipment owned and used by the businesses operating out of the property. Current property tax revenues are approximately$17K per year.I forwarded the statement to the Assessor and am awaiting review and comment. Technical Review was held in October;application has been sent to TEC for civil, stormwater and traffic peer reviews; Middleton is using the same peer reviewer and sharing information. Jill Mann, Mann&Mann Counselors at Law,Middle oy,_MA: Introduced Ray Falite, Principal,Middleton Farms LLC, owner& applicant and Chris Sparages,Williams&Sparages,site design engineer. Communicated that an internnunicipal agreement is necessary to connect utilities between the towns oil this site and that they were originally told by previous'Town Counsel that would never happen. Has been researching how to connect the utilities for the two sites for some time. 3 Town of North Andover PLANNING BOARD Eitan Goldberg, hair Serra Kevlrrlrart gi • 5� T1.Eh,�6 Kelly Cormier Peter Boynton • John Shnoirs Alissa Koenig Tuesday November 1 2022 A 7 P.in. 120 Main Street Town Hall North Andover MA 01845 Middleton Electric Light has agreed to provide service as long as the meter room is in Middleton. Water will be provided all through Danvers including servicing all hydrants on site. TEC will review stornrwater for both'Towns,traffic and civil in order to align with both bylaws. E. Goldberg: Expressed that although the Board is concerned for the N.A.parcel/use,we need to be aware of what's happening on the Middleton side. Merrimack College is a similar example where we interface with Andover,particularly with regard to traffic. J. Mann: Both communities have been notified, assured public and Board this is a cooperative process. Reviewed current site improvements.The Petro-distribution company is not a fueling service,vehicles park,receive fuel then leave the site. One building will be created on the No.Andover parcel, connecting at the rear with the Middleton portion; for tax purposes no units will straddle the two towns.There will be outdoor storage toward the rear in Middleton;none in No.Andover. Owner has established interest with research&development companies for the No.Andover parcel;targeting a large tenant for the 106K sq.ft.2-story building. Middleton's I-story building is contractor based. Stormwater and zoning comply for both communities.Building in N.A. is 38 ft.tall and 35 ft, tall in Middleton. Oakridge structures are much higher than 38 ft. Owner intends to include more visual appeal with glass,showed preliminary building images. Building has 360-degree access for Fire Department and 5 hydrants are located on site. Parking is located in front and throughout site.The property currently has temporary structures on it and is used for parking vehicles. 'This meeting was intended mainly as an introduction. Showed preliminary building sketches. C. Sparages: Highlighted limit of the existing tree line bordering property. Outlined swath of trees to be cleared on plan as part of the development. J. Simons: Questioned how close the edge of the proposed building to the property line and how far is the edge of the proposed building to the edge of the nearest structure on the abutting property. C. Sparages: There is approx. 105 ft. from the edge of the proposed building to the property line.Proposed building to existing building it is approx. 140 ft.-abutting property is approx. 8 ft,higher in elevation;proposed eastern white pines to screen that area from the nearest building. J. Mann: We plan to locate all mechanicals on the roof. J. Simons: Communicated that is going to be a problem. S. Kavlahan: You have alluded to a research and development tenant,any idea what type of R&D7 Mechanicals, if located toward the rear,will be immediately visible to the tenants of Oakridge who are elevated by roughly 8 ft. P.Boynton: Questioned the type of R&D; chemical,bio7 J. Mann: Stated they do not have any idea who the R&D company will be. E. Goldberg: Suggested that because you are going to ask the Board to make assumptions about where things are to be placed, traffic,entry,placement,necessa€y screening, etc.that it can be very different based on who the tenants are.It makes it harder for the Board;we understand privacy agreements,etc.The more information you provide us, the easier it is for us to write conditions. R.Falite: We've had numerous tenants come through with our brokers. Stated he understand what the Board is looking for, a food service cannot happen with septic. Likely it will be R&D and will be very light manufacturing,nothing mass produced. Can't guarantee,but can provide some Level of Interest as we get closer;cannot commit without approvals. S. Kevlahan: Stated that if you have a chemical R&D,you have a lot of fume hoods, resulting in abutters staring at numerous stacks which should be positioned away from abutters. J.Mann: World be accepting of those conditions in the current environment you can't get anyone to eons€nit until you have an approval. We'll accept conditions to protect abutters, it's only fair. J. Enright: The application includes proposed uses in order to determine proposed parking and parking requirements. Out of the 106K sq.ft. in N.A.-Office use: 5K sq.ft.,Warehouse: 20K sq.ft., R& D: 17K sq. ft.and Storage Use: 64K sq. ft.They comply with parking requirements for these uses and they are not requesting any waivers,special permits,or variances with their application.They owe us a Swept Path Analysis required by NAFD. E. Goldberg: We will have to be specific on our conditions. Marsha Finkelstein,resident Oakridge Village: Just proved to the area,recently became aware of the project. Received notifications of the project that require a receipt signature.Unfamiliar with who Mann&Mann was and after research learned 4 Town of Norlh Andover PLANNING BOARD Eitart Goldberg, Chair •A Sean Kevlahatt Peter Boynton .Kelly Cornder�' �` '• John Simons Alissa Koenig Tuesday November 1 2022 c 7 .m. 120 Main Street Town Hal!, North Andover MA 01845 it was a law firm. Called the town,spoke to someone in Planning who informed me of this project. (E. Goldberg explained the abutter notification requirement associated with public hearings). In speaking to neighbors,not everyone received the notices. Communicated with the Planning Dept.who agreed to email a copy of the legal notice. hound out later that there are hundreds of materials in a Google Drive that are hard to wade through. Wonders where is the community involvement?There are 300 units at Oakridge Village;resides closest to the property line. Why aren't the developers or applicant(s)engaging in conversation?Are there more concerns with just pushing this through than having a conversation and asking our opinion as to how it can be improved?Project is literally I00'— 140' away from the closest building.Expressed concern,neighbors are worried about noise, if the building goes through, and how that will impact our duality of life,how long it will take to construct,etc. Fred Jude resident R Trustee Oakridge Village: Voiced concern for noise. Dunrpster area is closest point to proposed project.Noise carries across wooded area to Building 3.Builder may want to consider a sound barrier Sym-Tech fence or buffer to prevent road noise which may benefit residents of the immediate community.From Middleton point down it would be approx.450' long x 8' tall. Shirley E. Cabral,resident Oakridge Ville: Attended all the Middleton hearings. There will be 18 diesel fueled trucks on the property that will be required to run all night. It was stated that these vehicles will be starting up at 5 a.m. This is our home and people starting work that early will be arriving at 4:30 a.m,right next to us, driving the perimeter of the property. There is a road proposed that encompasses the whole property; seems like one big noise factor. It appears we are not being given any concern.There are other things,but the noise factor is number one. J. Enright: Confirmed she is referring to the Petro-use which exists today and is proposed to continue on the Middleton parcel only. Mary Kanakaris resident Oakridge Villa e: Both Board's should view our site; see how it looks compared to where they are proposing this building.Agrees noise is a big factor.There are a lot of people that live in Building 3 which is immediately above the proposed building location. It's a big concern for us especially with vehicles starting at 5 a.►n. E. Goldberg: Communicated that the Board frequently performs site visits;this is certainly a possibility. We need to delve into this project a little more to address that possibility, J. Mann: Middleton requested a site visit and has yet to schedule that;a joint site visit is a possibility. The areas of disturbance and the property line will be staked prior. E. Goldberg: Requested more detail regarding the plan and to have the opportunity to go through the renderings,receive more feedback from the consultants. Would like to see the site with the leaves down.Noise and screening are main concerns. Stephen Sacco,resident&Trustee,Oakridge Village.: We are extremely concerned about traffic flow. This is already a dangerous area of Rte. 114. Adding more traffic to the area will have a serious impact to safety in this area. E. Goldberg: A traffic analysis has been provided;our consultant will review that and discuss it. We typically include conditions for work hours,screening,noise and sometimes we require testing. Where the rise is changing and you are going to a more active site,we will consider those issues. J.Enright: Given this site is on a state highway it will trigger a MEPA review who will also assess the traffic and environmental impact. E. Goldberg: Appreciated the reasonable and practical ideas from the attending abutters. [Confinued to the December 6, 2022 Planning Board weeth7g] MEETING MINUTES: Approval of the October 11,2022,Meeting minutes. J. Simons made a motion to approve the October 11,2022,Meeting minutes. P. Boynton seconded the motion.Roll call vote: K. Cormier voted yes(remote).A. Koenig voted yes. J. Simons voted yes.P.Boynton voted yes. E.Goldberg voted yes.Tine vote was 5-0,unanimous in favor. P.Boynton: Referenced the recent 149 Main Street proposed project and expressed concern for the informal mceting/discussion format that has been in practice; feeling it potentially leads to unintended consequences. On the one hand it is informative,but on the other hand discussions can go far into the project before the abutters are notif£ed through the public hearing process. Board discussed potentially requiring the applicant to notice abutters, what types of projects would 5 Town of North Andover PLANNING BOARD Eitan Goldberg, Chair •• Sean l�evlrrliari • �� UE„ Kelly Cormier Peter Boynton • John Simons Alissa Koenig Tuesda v Noveinher 12022 r 7 an. 120 Main Street Town Hall North Andover MA 01845 trigger notifications and which would not, and that discussion items are for other topics such as bond releases and waiver requests which abutters are also are not noticed for. Chair requested that this topic be added to the next agenda for further discussion. ADJOURNMENT MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by A.Koenig.Roll call vote:K. Cormier voted yes(remote).A. Koenig voted yes.P. Boynton voted yes.J. Simons voted yes. E. Goldberg voted yes.The vote was 5-0,unanimous in favor. Meeting adjourned a 8:45 p.m. MEETING MATERIALS: Planning Board Meeting Agenda November 1,2022,DRAFT Planning Board Meeting Minutes October 11,2022;Staff Report:221101 Staff Report;212 Brentwood Circle,John Terimllo: Pictures: image 1, image 2, 212 Brentwood asbuilt 10242022,220104 Timestamped 212 Brentwood Decision,Asbuilt certification letter 10242022; 104 Bonny Lane,Patrick Gaffny: Application:220321 Site Plan,220927 SPR Application,Abutters List,Proj.Desc.and Supporting Documentation,Department Review:221005 Conservation Comment,Stormwater Review: 221021 1" IIW Peer Review,Locus 104 Bonny Lane;0 Turnpike Street, Middleton Farms,LL C:Application: Traffic Analysis: 9414 TIA 1022 with Appendix,220812 Architectural Plans FALITE,220830 Site Plan—Signed&Stamped,220922 Ex G. StormwaterReport,Ex A. Deed 17340 Page 267, Ex B aerial image 2021,Ex F RENDERNGS MAY 2022,Ex G. Stormwater—Report,Ex I. Middleton Abutters' List, Ex I.North Andover Abutters' list, Ex J.xctd application Middleton, Site Plan Review Application,xctd Cover Letters,xctd Memorandum in Support;Department Review: 221018 Health Comment,Locus—0 Turnpike Street;Master Plan Implementation Committee: MPIC Progress Report Q2-3 2022 9.29.22; 400 Great Pond Road Steering Committee:400 great pond rd committee, 170 Pleasant Street:Aerial View 2022-09-16, SPR Waiver Request. 6