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HomeMy WebLinkAbout2023-04-25 Planning Board Minutes Town of North Andover PLANNING BOARD Eitart Goldberg, Clrair � Sean ICevlalrarr Kelly Cormier Peter Boynton • Joint Simons Tuesday April 25, 2023 rr 7 P.m., .120 Main Street Town Hall,Nortlt Andover,MA 01845 Present/Planning Board: E. Goldberg, J. Simons,P. Boynton,K. Cormier-remote, S. Kevlahan Absent: Staff Present: J. Enright, Christine O'Connor, Town Counsel E. Goldberg, Chairman: The Planning Board meeting for Tuesday,April 25,2023,was called to order at 7 p.m. (Read Governor's Order into the record. This meeting is considered a hybrid meeting,both in-person and remote.Votes will be recorded as roll call this evening.) Pursuant to Chapter 2 of the Acts of 2023, this meeting of the Not-tit Andover Planning Board will be conducted in Iverson and via remote means, in accor(lance with applicahle law. Specific irrformatiort and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this nteeting can be found on the Torvn's website, at)vivri:rtor'tltarldover'ma.gov. For this meeting, irrVerson attendance of inembers of the public and Board members will be permitted Members of the public who wish to watch the meeting live may(to so on their televisions by tuning to Corncast Channel 8 or Verizon Chasrnel 26 or online at w►vw.rrortlrart(lovercanr.org. Evety effort will be made to ensure that file public can adequately access the proceedings in real time, Na technologieal means. In the event that we are tenable to do so, (despite hest efforts, ive 011 post on the Torvn of North Andover rvebsite an audio or video recording, transcript, or other corttprehensive record of proceedings as soon ds possible after the meeting. If the public would like to particijlate in public hearings, but not attend the meeting in-person please email your questionleonnuent prior to or during the meeting to,iertri,-ht((�rtOrth(rrtdoverrna..aoy. The question1contrtte►rt will be rea(1 during the proceedings and responded to accordingly. RE QUEST FOR SPECIAL PERMIT EXTENSION 325 Johnson Street Alison Sparks:ks: Request for a one-year extension for a Watershed Special Permit granted August 17,2021. The special permit allowed for construction of a detached garage; expand gravel driveway; install drywell to capture roof runoff of new garage; pump, crush and fill with sand old septic tank/cesspool; connect to town sewer; connect to gas. Proposed work is within the Non-Disturbance and Non-Discharge Buffer Zones of the Watershed Protection District. The Project is located in the Residential 3 (R-3)Zone. J. Enright:.This Special Permit is due to expire on August 21, 2023. Due to cost escalation, complexities, etc, the project has not commenced. MOTION: J. Simons rnade a motion to grant the Watershed Special Permit extension for 325 Johnson Street for one year. P. Boynton seconded the motion. Roll call vote: K. Cormier(remote)voted yes. J. Simons voted yes. P. Boynton voted yes.E. Goldberg voted yes. The vote was 4 0, unanimous in favor. CONTINUED PUBLIC HEARINGS: 0 Turnpike Street,Middleton Farms,LLC: Request to continue until May 23,2023. 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 North Andover(106,321 SF)and Middleton(61,612 SF); (iii)the construction of a new access drive(located in Middleton); (iv)the construction of all associated parking areas, stormwater management structures,shared septic system(located in Middleton), and utility installations; and(v) 1 Town of North Andover PLANNING BOARD Eitan Goldberg, Clrrrir Semi Kevlahan. . b�.��:En,�,6,,. Kelly Cormier Peter Boynton John Sirnoris Tuesdrry April 25, 2023 a, 7 p.m., 120 Main Street Town Hall,North Andover,MA 01845 construction of a 14,303 SF outdoor storage yard(located in Middleton). The project is located within the Industrial 1 Zoning District, J. Enna: The Continuance Request is to May 23,2023. We don't have a meeting on that date. Our next meeting after Town Meeting will be June 6,2023. Alerted project attorney a renotification may be in order because so much time has lapsed. Each meeting has been continued since the hearing opening on November 1,2022. This is a joint application with the town of Middleton. There is an Enforcement Order with Conservation due to some clearing and grading done.They have continued with Commission as they have with Planning. The applicant had difficulty over the holidays responding to peer reviews. We had peer reviews responses for stormwater, civil and traffic. It was anticipated that we would receive responses by now,but we haven't. E. Goldberg: Doesn't mind continuing hearings if we are making progress;there has been no progress. There were a lot of abutters here for the first hearing. If they want to move forward and meet on June 6,2023,they will need to consider renotification and come before the Board with additional information. If not, at the June 6,2023 meeting we will ask them to withdraw or we'll close the public hearing and vote and they can then have an unfavorable decision. They need evidence with notice for the June 6th meeting or they withdraw and we close the public hearing and vote on the information we have to date. [Continued to the June 6, 2023 Planning Board meetingl NEW PUBLIC HEARINGS 189 Willow Street Vincent Grasso: Application for a Site Plan Review and Corridor Development District 1 Special Permit under Article 8 Supplementary Regulations, Part 3 Site Plan Review, Article 16 Corridor Development District, and Article 10 Administration(195-10.7) of the North Andover Zoning Bylaw. The Applicant proposes construction of a 7,776 SF multi-tenant professionallbusiness office and personal service building along with parking, landscaping and associated improvements. The project is located within the Corridor Development District 1 (CDDI)Zoning District. J. Enright: Provided brief parcel history and site characteristics for the 3.34-acre undeveloped parcel. A 2005 Special Permit was granted for the construction of a 7,200 SF, 3-story office building with garage underneath. Parcel was previously zoned B4 and is now CDDD 1.Water and sewer stubs were installed.An accessway was constructed across the wetlands. Parcel is relatively flat with bordering vegetated wetlands surrounding a portion of uplands. Portions of the previously disturbed(during past construction activities) center of the lot have developed into an isolated vegetated wetland. A Notice of Intent(NOI)application was included in,the Planning Board application for a special permit, however according to the Conservation Administrator the NOI has not been filed. Proposed building will be located central to the site with vegetation remaining to provide screening to the facility.Described provisions for stormwater runoff.At the applicant's request the stormwater peer review has not begun; escrow account was funded. Applicant prefers to receive feedback from Conservation Commission prior to commencing the review. Department reviews were received from NAFD,NAPD,DPW Operations, Building, Health and Conservation. Other than needing to appear before Conservation no issues were brought forward, John Ogden,Hayes En ing caring: Site is vacant,utilities were brought into the site in 2005, Work was stopped after removing the top soil and site remained dormant. During this time a small isolated wetland expanded into the depression where the earthwork occurred and the site was mapped as being in the flood zone. Base flood elevation was identified as 236.5 and portions of the lot are identified as being above that. Use is for 7 tenant spaces for business and professional office space with option for a garage bay for interior storage or storefront glass depending on the use. Footprint proposed is 7,776 SF with a parking requirement of 23 parking spaces(showing 24).Project similar in function and aesthetics to space on the corner of Sharpners Pond Road and Rt 114. 2 Town of North Nof th Andover PLANNING BOARD Eitarr Goldberg, Chair Sean Kevlrrltarr • ��t �n, Kelly Cornrier Peter Boynton John Simons j i Trresday April 25, 2023 w 7 P.in., 120 Main Sb-eet Town Hall,Nat-th Arttloyer, MA 01845 E. Goldberg: Confirmed the parking requirements are based on the uses; access is off 100 Willow. What are the proposed uses? Concerned abort business types expected as 24 parking spaces doesn't seem like enough. We would have to condition building uses allowed. Vincent Grasso,Owner: Stated that there will be four professional small businesses. The businesses were described as his,which is licensed roofing contractor(indoor storage-no outdoor), a licensed HVAC contractor(no storage outdoors), a licensed electrician and insulation contractor, no retail. There are 5 garage doors,2 are for his business. Trucks will be stored inside. T, Enright: I need to have Paul Hutchins confirm that those types of uses are considered professional businesses, Professional Business is defined in the zoning bylaw and the uses listed different to what you are referring to. Based on the use determination he will need to confirm parking that's required; it could be less. J. Off: Our application with the Planning Board is perfunctory at this time. There are threshold issues with the Conservation Commission who suggested we file with Planning first. Based on local wetlands regulations and Conservation Commission requirements,the site plan could be drastically altered. We would like to request a Continuance to this Board's June 6, 2023 meeting. We received Department comments; Fire comments to be discussed at the next meeting. P.Boynton; Stated the project is proximate to Nadine Lane, which is a residential development. J. Simons: Confirmed the upland is 1-acre;the disturbed area in the middle of the upland,now an isolated wetland will be impacted. V. Grasso: Project is designed to be compliant to Conservation standards.Nadine Lane is approximately 1,000 feet away. The acre of upland has very little standing water. J. Enright: Replication of wetlands is necessary.No public comment was received online or via email. Scott Haijar, abutter, 651 Turnpike Street: Property has been in the family for 50 years. During this time, they have become very familiar with the wetlands and water table in and around our property. Basement occasionally floods. Doesn't want this parcel to be developed due to poor drainage in the area. The water table is very high; Fulls a sump pump during normal conditions on his property. Fears project will change area water table; likened it to placing a"brick on a sponge"displacing water when considering new roof runoff, pervious parking areas,and drainage proposal directed toward his property. Damage to our property is inevitable; absolutely opposes the project. The reason this property hasn't been built on for 50 years is because it is in the wetlands. E. Goldberg: Requested that the stormwater peer reviewer be made aware of the abutter's concerns. [Confli tted to the June 6, 2023 Planning Board ineeting] DISCUSSION ITEMS 115 Date Street,Nicholas DeSantis: Request for a Watershed Special Permit Waiver in order to construct a new 22' x 17' deck within the Non-Discharge Buffer Zone. J. Enright: This property is located in the R I Zoning District and Watershed Protection District. Proposed new (22' x IT) deck is approximately 130 ft. from a wetland; no vegetation removal or regrading is required. Eight, 12"concrete footings are proposed, installed 4 ft, deep. Showed intermittent stream on property (not considered riverfront). The required distance for Conservation is 100 ft.;jurisdiction for the Non-Discharge Zone is 325 ft, Deck will be pervious; surface under the deck won't change. Water quality testing data is acceptable. If approved, we can include conditions in the Decision for erosion control requirements to be in place prior to construction, the required Deed Restriction for fertilizer control requirements and specify two Planning Director site visits. P. Boynton: It is 700 ft. from a stream to the west of the house that drains directly into the lake. E. Goldberg: Questioned whether the Planning Board Watershed siguage in place yet? 3 Town of North Andover PLANNING BOARD Eitarr Goldberg, Chair Serrrt Kevlaliarr Peter Boyrrtorr &� •. Kelly Cor rrtier Jolrrr Sirrrorrs ' Tue.v(laV April 25 2023 k 7 pxi., 120 Maim Street Torvrr Hall Not-Ili Andover MA 01845 J.Enright: Signage was completed and delivered to DPW during snow season. They are waiting for spring to install them. J.Borgesi is handling this. MOTION: J. Simons made a motion to approve the Watershed Special Permit Waiver for 115 Dale Street, as discussed with conditions mentioned. P. Boynton seconded the motion. Roll call vote: K. Cormier(remote)voted yes. J. Simonds voted yes. P. Boynton voted yes.E. Goldberg voted yes. The vote was 4-0, unanimous in favor. Draft Planning Board Rules &Rerwrrlations: Review of draft Rules &Regulations and opinion letter from Town Counsel. J. Enright: Provided edits that reflect the discussion at the last Board Meeting. Christine O'Connor,Town Counsel: Presented opinion letter outlining her stance on noticing abutters of informal discussions. Other town Boards currently do not entertain informal discussions, Board authority corner into question with single acting Chair,deeming a project"significant"may be confusing to applicants,public and abutter's. Town's obligation is to have rules and regulations that are not arbitrary to the public. Board: Planning Board agreed the rules and regs they currently have to work with are, Open Meeting Law and past practice. Past 3 years of Discussion Items have run the gamut from minutiae to a few large projects. Board discussed potential issues associated with concept of notifying abutters of"significant discussion items" concluding they would like to proceed with noticing abutters of"significant projects" in advance of public meetings for reasons of clarity and transparency, encouraging interaction. Informal discussions will still remain intact. Cost would be nominal-no certified mailing required. E. Goldberg to review language that may be incorporated to determine"significant projects" i.e., size, location,height,parking, mixed-use/multi-family, and other broad impacts so that the Board may.vote on acceptability and implement this procedure going forward: E. Goldberg: Good discussion,the Planning Board is different from other Boards; it is adjudicatory, as well as initiating items and crafting policies;not all Boards have these dynamics. [Continued to the lfcry 2, 2023 Planning Board meeting] MELTING MINUTES: Approval of the April 4,2023, Meeting minutes. MOTION: P. Boynton made a motion to approve the April 4,2023,Meeting minutes. K. Cormier seconded the motion. Roll call vote: K. Cormier voted yes. E. Goldberg voted yes. P. Boynton voted yes.The vote was 3-0, unanimous in favor. (J.. Simons abstained; absent last ineeting.) ADJOURNMENT MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by J. Simons. Roll call vote: K. Cormier(remote)voted yes. P. Boynton voted yes. J. Simons voted yes. E. Goldberg voted yes. The vote was 4-0, unanimous in favor. Meeting adjourned @ 8:39 p.m.Next meeting is May 2,2023. MEETING MATERIALS: Planning Board Meeting Agenda April 25,2023, DRAFT Planning Board Meeting Minutes April 4,2023; Staff Report: 230425 Staff Report;Permit Extension Re nest 325 Johnson Street Alison Sparks: 325 Johnson Recorded Decision, Req. to Extend WS.P- Sparks, 4 Turnpike Street,Middleton Farms,LLC: Department Review:NAND: 2230125 NAFD Comments, Zoning--Stormwater Review: 221118_TEC_Traffic_SPR & Swm Review#1, 221118_TEC Zoning-Stormwater Regs Review#1, 221205 Middleton 336 NO MAIN TEC, 230420 Req. To Cont.to 4.25.23; 189 Willow Street,Vincent Grasso: Application: 2023 01�11 Stamped Elevations 2.00,Application and Narrative, Building Elevation, Site Plan Willow Street, Department Review: DPW aerations: 230327 DPW Operations Comment, WILLOW STREET 189-2, WILLOW STREET 189-SEWER, 20404 NAFD Comment,230327 Health 4 � Town of North Andover PLANNING BOARD Eitan Goldberg, Chair W. Sewt Kevlahart • �k ti�n,�,� Kelly Corrniei, Petei-Boynton • John Sifnons Tuesday April 25, 2023 a, 7 p.m., .120 Mrrirt Street Town„Hall€1Var1h Andover, MA 01845 _... Comment, 230327 NAPD Comment,230329 Conservation Comment,Locus— 189 Willow St.; 115 Dale Street, Nicholas Mantis: Locus: 115 Dale Street—Locus, 115 Dale Street----Locus 2, Water Quality Testing: Ortho, TP, 1-25-2023, Lake Cochichewick Watershed Plan Total Phosphorous Table, 115_Dale_Plans_Rev2_Mon_Mon_Apr_10_2023 23-23-41,230417 115_Dale_Waiver_Request,authorization Anthony Crespo 115 Dale St,;Draft Planning Board Rules & Re tilations: 230418 Letter to Planning Board re Rules and Regulations,230405 NApbrulesandregs JE—EG, 2020----2023 Agenda Discussioin Items. 5