HomeMy WebLinkAbout2023-06-06 Planning Board Minutes Town of North Andover
PLANNING BOARD
Kelly Cormier
Eitan Goldberg, Chair •
Peter 13oyttton � '�'• Seat Kevlahon
John Simons '
Tnesdaly Janie 6, 2023 i, 7 p.in., 120 Main Street Town Hall, North Andover,MA 01845
1
2 Presen/Planning Board: E. Goldberg, J. Simons, P. Boynton, K. Cormier-Remote, S. Kevlahan
3 Absent:
4 Staff Present: J. Enright
5
6 E. Goldberg, Chairman: The Planning Board meeting for Tuesday, June 6, 2023,was called to order at 7 p.m.
7 (Read Governor's Order into the record. This meeting is considered a Hybrid meeting; both remote and in-person.
8 Votes will be recorded as roll call this evening.)
9
10 Pursuant to Chapter 2 of'the Acts of 2023, this meeting of the North Andover Planning Board will be
11 conducted in person and via remote means, in accordance with applicable laiv. Specific information and the
12 general giddelittes for rentote participation by members of the public andlor parties with a right andlor
13 regttit•etstent to attend tltis nteetittg cart be forrttd on die Towtt's rvelisite, at ivrv;t.nortltattdoverma.gov. For this
14 ttteeting, in person attendance of meinhers of Ili patblic and Board tttetnbers will he permitted. Members of the
15 public svho wish to ivatch the meeting live may do so on their televisions by tutting to Cotncost Channel 8 or
16 Verizon Channel26 or otdine at www.ttortliartclovercattt.org. Eveiy effort will he made to ensure that thepublic
17 can adequately access the proceedings in real time, via technological means. In the event that rve are unable to
18 do so, despite best efforts, ive will post on the Toitut of North Andover website an audio or video recording,
19 transcript, or other comprehensive record of proceedings as soon as possible after the meeting.If the public
20 }votrld like to participate in public hearings, but not attend the meeting in person please entail your
21 queslionleonintent prior to or daring the meeting to rear,&htaa),ttorthatrtloverrna.goi'. The questionleotn neat n,111
22 be read during the proceedings and responded to accordingly.
23
24 CONTINUED PUBLIC HEARINGS:
25 189 Willow Street,Vincent Grasso:_Request to Continue to the June 20,2023 meeting. Application for a Site
26 Plan Review and Corridor Development District 1 Special Permit under Article 8 Supplementary Regulations,Part
27 3 Site Plan Review, Article 16 Corridor Development District, and Article 10 Administration (195-10.7)of the
28 North Andover Zoning Bylaw. The Applicant proposes construction of a 7,776 SF multi-tenant
29 professional/business office and personal service building along with parking, landscaping and associated
30 improvements, The project is located within the Corridor Development District 1 (CDD1)Zoning District.
31 J. Enright: Applicant requested a Continuance today;they are before Conservation June 14"i.They would like
32 feedback from them prior to coming back to.this Board. The only new information in your packet is
33 correspondence from the Building Commissioner and the Applicant having to do with proposed uses.
34
35 0 Turnpike Street,Middleton Farms,LLC: Application for a Site Plan Review Special Permit Article 8
36 Supplementary Regulations, Part 3 Site Plan Review and Article 10 Administration 195-10.7 of the North
37 Andover Zoning Bylaw. The applicant proposes redevelopment of the property consisting of(i)the razing of all
38 existing structures; (ii)the construction of a 167,933 SF industrial building that encompasses the Towns of North
39 Andover(106,321 SF)and Middleton(61,612 SF); (iii)the construction of a new access drive (located in
40 Middleton); (iv)the construction of all associated parking areas,stormwater management structures, shared septic
41 system (located in Middleton), and utility installations; and (v) construction of a 14,303 SF outdoor storage yard
42 (located in Middleton). The project is located within the Industrial 1 Zoning District.
43 J. Enright: The public hearing for this application opened November 1, 2022; continuances have been requested
44 since then. Applicant has submitted responses to the site plan review,storn-twater management and zoning bylaw
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Town. of'North Andover
PLANNING BOARD
Eitan Goldberg, Chair Kelly Cormier
6 Sean Kevlahan
Peter Boynton •
John Sinrorrs
Tuesday June 6 2023 7 -m. 120 Main Street Town Hall North Andover MA 01145
45 peer review comments. Response to the traffic impact assessment is pending. The Applicant will provide an
46 overview of their responses this evening. A revised site plan addressing many of the peer review comments is
47 included in your packet. Since it has been so long since-the applicant presented new information to the Board,
48 abutters were re-noticed. The application is before the Conservation Commission who are awaiting the peer review
49 responses and input from the Planning Board. No new public comment has been received.
50 Jill Mann,Mann&Mann P.C: Gave a brief project status update; lot is bifurcated by the town line between
51 Middleton and North Andover. Applicant has been working on the water connection with Middleton. Water would
52 be shared with the project via Middleton's supply including servicing the building in North Andover. The Town
53 Administrator's office suggested an internnrnicipal agreement to allow Middleton's water to be used; Town
54 Administrators are communicating. There is the opportunity to connect to potable water by drilling a well if this
55 connection isn't deemed possible.No agreement is required for emergency fire protection services which may be
56 provided via cisterns or municipal connection, We have responded to the peer review engineer and are working on
57 the traffic response. Anticipates reviews to be completed the end of June. Suggested the traffic peer reviewer
58 attend a meeting.
59 E. Goldberg: Complete the reports first and submit the paperwork. Depending on the concerns we may or may not
60 need to have the traffic peer reviewer attend a meeting. Questioned which permits from Middleton are being
61 sought and what stage are they in.
62 J.Mann: We are seeking permits from their ZBA; a Special Permit for outdoor storage, contractor offices, Site
63 Plan Approval, Order of Conditions and a Stormwater Permit. We are at the same stage with the town of
64 Middleton as we are with North Andover.
65 Chris Sparages, PE, Williams & Sparages: Provided updated broad overview of project, locus/abutting
66 properties,Middleton property is 4.67 acres,North Andover property is over 7 acres of land(no frontage in North
67 Andover), filed for NOI for both Middleton and Nortlr Andover due to intermittent streams that come onto the
68 property from both towns;very few wetland resources on the property and delineations are confirmed as final. In
69 Middleton, a bordering vegetated wetland contains a drainage pipe that discharges toward Harold Parker State
70 Forest along a channel containing an intermittent stream. Buffer zones from those two areas come onto the
71 property requiring the NOI's for both towns. This wetland located to the southwest is tributary to Emerson Brook
72 Reservoir one of the public water supplies for Middleton. The town pumps water from there to their main
73 reservoir-Middleton Pond. It is a critical area relative to stormwater management; state tracks tributaries and
74 setbacks. A state highway access permit is required off Rt 114;this property has greater than 5 acres of
75 impervious surface requiring us to file an ENF which is underway. Reviewed existing uses; property was home to
76 Middleton Farm Supply; with outdoor storage and single-family home. Property is currently leased to Petro Oil
77 Co. who parks their vehicles on the property; no fueling takes place. Proposed development includes(167.9K SF)
78 building, larger portion being in North Andover(106K SF),Middleton footprint(61,6K SF). Proposed uses are
79 allowed by the zoning bylaw, R&D and office with storage attached. Parking spaces provided total 62; 59 are
80 required and spread over site; most site parking in the middle of the U-shaped building. Wide entrance off Rt 114
81 allows for tractor trailers to make turning movements. Complete circulation around property is provided.North
82 Andover building has concrete loading dock area to support tractor trailers. Located outdoor storage on Middleton
83 property plan. Contractor bays to have garage door access on both sides of building. Reviewed utilities plan
84 showing placement of 5 hydrants per the Middleton Fire Dept.,building heated by natural gas, septic system
85 proposed is in Middleton; wastewater will be run through septic tanks,to pump chambers and distributed to a
86 sewer manhole and to leaching field. Stormwater management system, designed in accordance with DEP
87 regulations, consists mainly of infiltration capturing roof and pavement runoff..Reviewed safe lighting, and
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Town of North Andover
PLANNING BOARD
Kelly Cormier
Eitafr Goldberg, Chair Setrrr Kevlalrmr
Pete)'Bojuitoit '
Joliet Simms '
Tuesday Jrrne 6, 2023 a, 7 p.m., 120 Main Street Town Hall,North An(loyer•, MA 01845
88 amended landscaping plan, adding an 8 ft. privacy fence as screening between project and condos in addition to
89 evergreen buffer.
90 E. Goldberg: Questioned where the Petro trucks are parked today and if there is any screening there now.
91 C. Sparages: 1t is not currently screened and is located on the Middleton lot. Reviewed landscaping plan with
92 extensive tree planting plan and proposed tree sizes.
93 K. Cormier: Requested perspective views demonstrating site lines be provided including landscape screening and
94 single-family home on Middleton side and view from Rt 114 looking at the site with condos included.
95 S. Kevlahan: Questioned the elevation change between the North Andover condos and proposed North Andover
96 building. Requested a vantage point sketch as driving along Rt 114.
97 C. Spa►'a 7es: The base of the building is approximately 140 ft.,there is an incline to the loading area due to a
98 swale; at approximately eyeline level, The condos are higher than the property today however the site will be
99 raised in order to separate the stormwater system from high groundwater. Reviewed details that changed or were
100 added per TEC comments. Entrance perspective shows no changes. Building height is 38'11"ft; District identifies
101 maximum 55 ft. Building material will be large metal panel, roof is slightly sloped and there will be no
102 mechanicals on the roofs.Agreed to reach out to North Andover, Lt. Kilcoyne, regarding swept path analyses and
103 other fire suppression items.
104 E. Goldberg: No public comment has been received regarding this project.
105 [Continued to July 11,2023 Planning Board meeting]
106
107 DISCUSSION ITEMS
108 47 Bonny Lane,Limin Kong & 59 Bonny Lane,.Matlie-sv Marezak: Unauthorized tree clearing within the
109 Watershed Protection District Non-Disturbance Buffer Zone.
110 J. Enright: A resident reported tree cutting along the lake at 47 Bonny Lane late April. A site visit, along with Aray
111 Maxner was conducted on site May 2,2023. The homeowner recently purchased the home and was unaware of the
112 Watershed Bylaw and/or Wetlands Regulations. Enforcements orders have been issued for both properties. Photos
113 are included in your packet depicting the extent of tree cutting. Homeowners engaged Williams &Sparages and a
114 qualified arborist to perform tasks stated in the Enforcement Orders; erosion controls are installed. Homeowners of
115 both addresses have been requested to attend the June 14, 2023 Conservation Commission meeting to present their
116 engineered surveyed site plans, re-planting restoration plans and tree replacement appraisal. Recommends both
117 addresses present their information at the June 20,2023 Planning Board meeting. Calipers varied significantly and
118 several tree stumps were covered up with leaves and debris. Extent of cutting between both properties totals
119 approx. 20 trees for 47 Bonny Lana and 10 for 59 Bonny Lane. A Watershed Special Permit would have been
120 required for this level of clearing along the lake; vegetation removal is not allowed within 100 ft. of the lake.
121 Board: Reviewed photos.
122 E. Goldberg: Communicated issues with accountability, with the tree company who performed this tree cutting
123 and with the realtors who should have informed these buyers of their responsibilities. We are holding the
124 homeowners accountable for re-planting but making sure this doesn't happen again should include all parties
125 involved in this process. This is a very important and vulnerable part of our town.
126 P. Boynton: Believes Conservation said the landscaper was from out of town. Questioned whether local
127 landscapers asked and refused to perform the work. Perhaps we ask the homeowners. These were frilly mature
128 trees that serve all important value and function in protecting the drinking water supply. This requires a robust
129 restoration plan which needs to executed by ftally qualified professionals who can do this safely with respect to the
130 shoreline. Initial steps appear to be headed in the right direction.
131
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Town of North Andover
PLANNING BOARD
Eitau Goldberg, Chair Kelly Cornier
Sean.Kevlahan
Peter Boynton •
John Simons '
Tuesr&iV Jrgre b, 2023 rr 7 p.in., 120 Main Street Town Hall, NoNk Andover, MA 01845
132 Clrris Sparages PE, Williams& Sparages,Middleton,MA: The homeowners from 47 Bonny Ln. reached out to us
133 and accepted our proposal which included all the items mentioned. Shortly thereafter, 59 Bonny Ln hired us to
134 perform their work. The Wetland has been flagged, survey work was completed. We are working on existing
135 conditions and erosion control has been installed. An arborist was secured for 47 Bonny Lane and it is anticipated
136 that 59 Bonny Lane will also secure his services. We will have plans together soon; doubts they'll be completed by
137 Jame 14`t'.
138 J. Enright: The restoration plan will be presented to this Board when it is ready. Suggested requiring an after the
139 fact Watershed Special Permit. This will provide for an opportunity to detail findings of facts and an approved re-
140 planting plan. Also, abutters would be noticed,which will make them all aware the process for this type of
141 violation.
142 E. Goldberg: Tree cutting is one of the only things in MA with strict liability. The costs are very extreme based on
143 type and caliper of tree. Remediation is one issue and then we need to fix this in order to ensure it doesn't happen
144 again.
145 P. Boynton: This is about restoring the protection for the asset-our drinking water supply.
146
147 NEW PUBLIC HEARINGS
148 185 Great Pond Road Tammy Woolfolk.&Hags H.Kim: Application for a Watershed Special Permit under
149 Article 4 Part 5 and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize installation of an in-ground
150 swimming pool and paver patio within the Non-Discharge Buffer Zone within the Watershed Protection District.
151 The property is located in the Residential 3 zoning district.
152 J. Enright: Per the zoning bylaw, swimming pools should have a minimum 10 ft. setback from the side and rear lot
153 lines and be located no nearer to the street than the building line of the dwelling, except by Special Permit. (ZBA
154 Permit Granting Authority)The proposed patio and pool are located to the side and rear of the dwelling just
155 outside the 100 ft.Non-Disturbance Zone. The closest point of the proposed patio surrounding the pool is
156 approximately 113 ft, from the edge of a wetland located to the rear of the existing house. The proposed limit of
157 disturbance is greater than 100 ft. from the wetland resource area. The project is located within the Non-Discharge
158 buffer zone, in which any surface or sub-surface discharge of stormwater is only allowed after a Special Permit
159 has been granted by the Planning Board. The application was filed 4/18/23; stormwater peer review has been
160 completed. All concerns were addressee[on the revised Site Plan and Operations&Management Plan.A draft
161 decision was prepared for the Board's consideration. The Conservation Administrator requests a sequence plan or
162 narrative detailing how access and materials will be kept outside the 100 ft.Non-Disturbance buffer zone be
163 conditioned.
164 J. Enright:No public comment has been received.
165 P. Boynton: Described the location of the site. This is not only very close to our sole drinking water supply but it
166 is closer to a holding pond (just to the east/northeast of the dwelling)that a stream runs into and from that holding
167 pond goes straight into the lake. That pond drains quickly, directly under Great Pond Road and right into the lake.
168 C. Sparages: For mitigation around the patio area, a stone filled infiltration trench drains on the east side and the
169 south side to capture runoff from the impervious surface. Proposed activity is about 660 ft. from the shore; pond is
170 closer at approx. 400 ft.
171 E. Goldberg: Would the stormwater consultant be able to took at that?Does this satisfy that heightened standard?
172 If the stormwater were to fail, how would we be notified of that?If there is excessive failure lets add a notification
173 condition to address that.
174 J,Enright: Jurisdiction for this lot would be 325 ft. maximum.Notification failures typically corne from an abutter
175 however, a condition can be added to the draft decision. Confident with the engineering.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chah- Kelly Connier-
Peter Boynton • $�'�� '� Sena Kevkhan
John Simons
Tuesday June b, 2023_ 7 p,rrr., 120 Main Street Town Hall, North Andover, MA 01845
176 MOTION: J. Simons made a motion to close the public hearing for 185 Great Pond Road. S. Kevlahan seconded
177 the motion. Roll call vote: K. Cormier(remote)voted yes. S. Kevlalran voted yes. J. Simons voted yes. P. Boynton
178 voted yes. E. Goldberg voted yes. The vote was 5-0,'unanimous in favor.
179 MOTION: P. Boynton made a motion to approve the Watershed Special Permit for 185 Great Pond Road, as
180 amended. J. Simons seconded the motion. Roll call vote: K. Cormier(remote)voted yes. S. Kevlahan voted yes. J.
181 Simons voted yes. P, Boynton voted yes. E. Goldberg voted yes. The vote was 5-0, unanimous in favor.
182
183 Master Plait Implementation Committee: Bi-Annual Progress Report, Report is in Board packet.
184
185 Draft Planning Board Rules &Regulations: Postponed discussion on draft Rules and Regulations to next
186 meeting.
187
188 MEETING MINUTES: Approval of the May 16, 2023, Meeting minutes.
189 MOTION: P, Boynton trade a motion to approve the May 16, 2023, Meeting minutes. J. Simons seconded the
190 motion. Roll call vote: K. Cormier(remote)voted yes. S. Kevlahan voted yes. J. Simons voted yes. P.Boynton
191 voted yes. E. Goldberg voted yes. The vote was 5-0, ttnaninious in favor.
192
193 400 Great Pond Road Update: P. Boynton: Site meeting was held with good turnout(5 or 6 in attendance). A
194 deadline for follow-up questions was established.A committee was selected to evaluate/rate the submitted Request
195 for Qualifications and there is a deadline of the end of June for those submittals. DPW will be mowing the
196 property.
197
198 P. Boynton: Lake residents and Brooks School have noted concerti for the extended period of time for unusually
199 high level of water around the lake. Initially,there was confusion that DPW wanted to raise the level of the lake.
200 What they intended to mean was they didn't want to prematurely drain the lake as a result of winter snow melt and
201 spring rains but rather preserve the temporary high level; it is June and it is still higher than normal. Submitted
202 photos to the Town Manager showing shoreline water increases of up to 40 ft. in. This means it has inundated the
203 trees and root systems 4-6 rows inland in many locations. A massive healthy lakeside oak tree has recently fallen
204 into the lake. The concern is that this could be a larger die off of shoreline trees due to the extended period of time
205 with high water this spring. DPW is aware; they are sending out their tree expert. We are reacting to a significant
206 problem after the fact and these questions of effects on the lake should be raised prior.
207
208 ADJOURNMENT
209 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by J. Simons. Roll call
210 vote: K. Cormier(remote)voted yes. S.Kevlahan voted yes. J. Simons voted yes. P. Boynton voted yes. E.
211 Goldberg voted yes. The vote was 5-0,unanimous in favor. Meeting adjourned @ 8:43 pan.
212
213 MEETING MATERIALS: Planning Board Meeting Agenda Jane 2,2023, DRAFT Planning Board Meeting Minutes May
214 16,2023;Staff Report:230606 Staff Report;0 Turnpike Street,Middleton Farnrs,LLC: Zorihig---Stormwater Peer
215 Review: Rev. Stormwater Report:230420 Stormwater_Report-336 North Main Street—RI,Resp.to#1 Peer Review:230519
216 Response to peer review ZONING_R1,230519 Response to peer review SPR-STORMWATER_R1,Peer Review#1: 221205
217 Middleton 336 NO MAIN TEC,22111.8 TEC_Zoning-Storiiiwater Regs Review#1,221118_TEC_Traffic_SPR_& Swan
218 Review#1,Rev. Site Plan: 221220 Rev Site Plan RI(STAMPED& SIGNED),Department Review:NAFD: 2230125 NAFD
219 Comments; 189 Willow Street,Vincent Grasso: Department Review: Building Dept: 230526 Bldg Insp, Resp.to proposed
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair ��n, Kelly Cormier-
Peter Boynton5� �6 Sears Kevlahan
John Simons '
Tuesday June 6, 2023 cc 7 p.rn., 1.20 Main Street Town Hall,North Andover,MA 01845
220 uses,230526 Applicant Intended Uses,230428 Building Inspector Comments,Application: Site Plan Willow Street,Building
221 Elevation,Application and Narrative,2023_01_1 I Stamped Elevations 2,00; 185 Great Pond Road,Tani ny Wootfoltk&
222 Hans H.Kim: Water Quality Testing: Ortho,TP, 1-25-2023,Lake Cochichewiek Watershed Plan Total Phosphorous Table,
223 ,Stormwater Peer Review:Resp.To I"Peer Review: Site Plan 185 Great Pond Road—WSP_R1, Cover Letter 185 Great
224 Pond Road-Revisions,230515—Final_SWPeerReview_185GreatPondRoad,
225 230502 Rev_15' SWPeerReview 185GreatPondRoad,Revised PIan: Site Plan 185 Great Pond Road-�-WSP Rl,Department
226 Review:: 230519 Conservation Comment,230427 Building Comment,230419 NAPD Comment,230418 NAFD Comment,
227 230418 DPW Operations Comment,2304J8 Conservation Comment,Application: 185 Great Pond Road--Watershed Permit
228 Plan, 185 Great Pond Road--Watershed Permit Application,230606 185 GPR WSP--draft decision;Master Plan
229 Implementation Committee: MPIC Progress Report Q4-22 Q1-23;47 Bonny Lane,Linrin Kong: Pictures: Bonny Lane
230 Shoreline Clearcutting April 2023,20230502_114037,20230502_1 I3935,20230502 113842,20230502 113756,
231 20230502_113724,20230502 113659,20230502_113651,20230502_I13650,20230502_113644,20230502_113639,
232 20230502_113635,20230502 113630,20230502 113629,20230502_113628,20230502_113624,20230502-113613,
233 20230502_113611,20230502 113609,20230502 113606,20230502 113551,20230502_113544,20230502_113522,
234 20230502 113420,20230502 113418,20230502_113408,20230502_113406,230525 Status Update,47 Bonny Lane—Tree
235 Cutting Violation Letter—05-03-23,05-10-23 Enforcement Order-47 Bonny Lane;59 Bonny Lane Mathew Marezatk:
236 Image 5, Image 4, Image 3, Image 2,Image 1,M.Marcrak Email—59 Bonny Ln—Wetland Violation,5-10-23 Enforcement
237 Order—59 Bonny Lane;Draft Planning Board Rules&Regulations:230418 Letter to Planning Board re Rules and
238 Regulations,230405 NApbrulesandregs JE EG.
239
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