HomeMy WebLinkAbout2023-08-29 Planning Board Minutes i
Town of North Andover 9' u Z j
PLANNING BOARD
I
Eitan Godeberg, Chair Gerrrrtta Wilkens
� "'��� • Christopher Koskores,Peter 13oyttton •
John Simous Assoc.
Sean.Kt:evlahatt
Tuesda Arr ist 29 2023 r 7 .m. 120 Main Street Town Hall North Andover MA 01845
1 Present/Planning Board: E. Goldberg, J. Sinions, P. Boynton, S.Kevlahan, G. Wilkens, C. Koskores, Assoc.
2 Absent:
3 Staff Present: J. Enright
4
5 E. Goldberg, Chairman: The Planning Board meeting for Tuesday,August 29, 2023,was called to order at 7 p.m.
6
7 J. Enrkht:Attendance: C. Koskores, Assoc,present, S. Kevlahanpresenl,J. Shnonspresent, E. Goldbergpresent, P.
8 Boynton-present, G. Wilkens present.
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10 CONTINUED PUBLIC HEARINGS:
1 1 0 Turnpike Street,Middleton Farms,LLC: (Request to Continue to September 5,2023)Application for a Site Plan
12 Review Special Permit Article 8 Supplementary Regulations,Part 3 Site Plan Review and Article 10 Administration 195-10.7
13 of the North Andover Zoning Bylaw. The applicant proposes redevelopment of the property consisting of(i)the razing of all
14 existing structures; (ii)the construction of a 167,933 SF industrial building that encompasses the Towns of North Andover
15 (106,321 SF)and Middleton(61,612 SF); (iii)the construction of a new access drive(located in Middleton); (iv)the
16 construction of all associated parking areas,stormwater management structures,shared septic system(located in Middleton),
17 and utility installations; and(v)construction of a 14,303 SF outdoor storage yard(located hi Middleton). The project is
18 located within the Industrial I Zoning District.
19 [Continued to the September 5, 2023 Planning Board meeting]
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21 189 Willow Street,Vincent Grasso: (Request to Continue to October 3,2023)Application for a Site Plan Review and
22 Corridor Development District 1 Special Permit under Article 8 Supplementary Regulations,Part 3 Site Plan Review,Article
23 16 Corridor Development District,and Article 10 Administration(195-10.7)of the North Andover Zoning Bylaw, The
24 Applicant proposes construction of a 7,776 SF multi-tenant professionallbusiness office and personal service building along
25 with parking,landscaping and associated improvements.The project is located within the Corridor Development District 1
26 (CDD1)Zoning District.
27 [Continited to the October 3, 2023 Planning Board meeting]
28
29 NEW PUBLIC HEARINGS
30 47 Bonny Lane,Limit Kong: Unauthorized tree clearing within the Watershed Protection District Non-
31 Disturbance Buffer Zone.Application for an `after-the-fact' Watershed Special Permit under Sections 195-4.193
32 and C and 10.7 of the North Andover Zoning Bylaw.The Applicant proposes replanting of landscaping in the
33 Non-Discharge and Non-Disturbance Zones. The project is located within the Residential 1 (R-1)Zoning District.
34 J. Enright: Applicants for 47 & 59 Bonny Ln. filed an after-the-fact Watershed Special Permit for the restoration
35 of the unauthorized tree clearing on the property. Both properties were before Conservation on August 9,2023
36 where an amended Enforcement Order was issued noting several conditions be added to the plan. The
37 Conservation Commission requires a 3-year monitoring effort(once every 6 months)and a 100%survivability
38 requirement; draft decision(s) have been prepared for the Board's review. All notes requested by the Conservation
39 Commission have been added to the revised plan (8.28.2023)which will be attached to the recorded decision(s)
40 and referenced in the decision(s)as record.
41 Thor Akerley, Wetland Scientist,Williams& Sparages: Presented updated Proposed Restoration Plan for 47
42 Bonny Ln, dated 8.28,2023 with robust planting schedule for the restoration area. Size and tree species and shrubs
43 are identified. Stumps to be removed are noted; some will be retained for embankment stability. Machinery will
44 not be brought close to the lake. Final planting locations will be determined in the field by the arborist, ourselves
45 and Conservation; contractor will plant the trees and shrubs.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair �Bn, Gentnta Wilkens
Peter Boynton Chraistophei Ifosjkot
Jolrrt Simons
Assoc.
Sean Kevlahan
TuesdaV Art ust 29 2023 r 7 .nt, 120 Main Street Town Fall North Andover MA 01845
46 P. Boynton: This would occur once the seed bank is responding. Questioned what if you have no room for the
47 proposed trees and decide to opt for the seedlings that are already surviving and deemed substantial.
48 T. Akerlev: That is not the intent and would not occur;the plan is to plant everything shown on the plan.
49 P. Bo, ro: Requested that the record to reflect the concern that under no circumstances would any on-site
50 decisions take place in the field to reduce the number of plantings without coming back to this Board.No existing
51 tiny seedbank seedling may take the place of any of the proposed replacement saplings; you must return to this
52 Board to discuss it. Questioned who is responsible for doing the watering.
53 T. Akerlev: An Operations &Management Plan has been provided to the homeowners. Myself and an arborist will
54 be involved.The first year-plus life expectancy of the trees requires providing copious amounts of water to the
55 establish the trees; the goal is to get the roots established. The homeowner is responsible for watering;they may
56 choose to hire a landscaper. Hand watering, gator bags around the trees will help.
57 J. Enright: If they die,they will need to be replaced and the 3-year survivability clock starts over. The homeowners
58 should be highly motivated to water them.
59 T. Akerlev: We designated two intervals during the year--the beginning and end of the growing seasons,to
60 remove any invasive species from the restoration area.This Board and Conservation will receive an inspection
61 report stating the health and success of the restoration area. If a tree dies the clock resets for another 3 years. If
62 planted tomorrow,you could conceivably have a report in February;recommends mid-spring and early fall.
63 J. Enright: We can include this in the decision. The deadline is June 30,2024 to have this fully planted,which
64 accounts for the inventory availability. Each tree may have a different 6-month period.
65 P. Boynton: I want this to be timed sensibly; receiving a document in the middle of winter is not sensible.
66 T. Akerley: Spring and late summer makes the most sense; agreed to make this recommendation to the
67 Conservation Administrator,
68 E. Goldberg: For the record,the plan includes the deadline date as June 30,2024,the 3-years conditions with the
69 survivability, it notes the certified arborist report every 6 months for a 3-year period, The O&M plan has been
70 compiled;very confident specific criteria has been addressed.
71 J. Enright: Addressed Note 1 I on the revised plan where Conservation envisioned this Board specifying
72 educational signage for the property making people aware that the property is in the Watershed. This type of
73 signage is unprecedented.Board agreed signage was unnecessary.
74 T. Akerlev: After the 3-year monitoring this Board and Conservation will receive a full report. The restoration area
75 will be inspected by Jean,Amy and myself for full satisfaction.
76 P. Boynton: The proposed trees are noted in the decision as being larger than typical restoration plans. Questioned
77 what are the sizes by caliper of trees slated for a typical restoration plan.
78 T. Akerlev: A typical 4-6 ft.tall red maple would be %a"—'/2"caliper at most. In discussion with the arborist,
79 larger,mature trees take longer for their roots to become established. Younger trees establish quicker.
80 P. Boynton: Ridgewood Cemetery successfully planted trees of a significantly larger caliper than this;they
81 cautioned it took a lot of attention with attached water bags, years of monitoring,etc. Yielded to the consultant's
82 expertise and stated he understand the logic, but expressed disappointment that we are not benefitting from that
83 experience at Ridgewood.Encouraged that these trees are 2x the typical restoration plan tree caliper.
84 G. Wilkens: At the inspections will you be considering the erosion of the embankments?
85 T. Akerlev: Yes,we will inspect this. You lost root structure holding it together; leaving stumps in place will help.
86 E. Goldberg: The report should include the impacts the restoration establishment is having on the lake.
87 J. Enright: Recommends adding a condition(24)wording to the effect that the 6-month monitoring report shall be
88 conducted mid-spring and mid-fall and add what the content the report should include.
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Town of North Andover
PLANNING BOARD
LYtat Goklbei Chair •• Gentnta Wilkens
Christopher Koskores,
Peter Boynton � �'` -`•
John Simons Assoc,
Seat Kevlahan
Tctesdn Art cyst 29 2023 7 .nt. 120 Mara Street Torun Hall North Andover MA 01845
89 G. Wilkens: Encouraged to see in the decision and the original bylaw verbiage regarding homeowners not use
90 chemical fertilizers; communicating it to all landscapers. Requested any algae blooms or signs of usage be
91 included in the report.
92 Al Contarino,on behalf of abutter/mother-Jeanne Contarino 35 Bonny Lane: Mother owns 35 Bonny Ln. and the
93 lot directly behind it that directly abuts the lake. Communicated that some of the trees removed by the neighbor
94 are oil his mother's property. Here to ensure that his mother isn't in violation and to make sure the work done is
95 not her responsibility and that the expenses involved are taken care of. This is a 3-year process.
96 E. Goldberg: Expressed all assumption that Williams& Sparages has permission to go on the property 35 Bonny
97 Ln.to do the work.
98 T. Akerlev: We met on site Chris Tompkins, grandson of the property owner,who communicated with his
99 grandmother to make them aware of what was happening. She signed the paperwork stating the work,maintenance
100 and after care of the plantings is the sole responsibility of 47 Bonny Ln,
101 P. Boynton: Would have greater confidence in this agreement if the owner of 47 Bonny Ln. states that the abutter
102 at 35 Bonny Ln. has no responsibility for the cost.I want a document that has weight of the person responsible for
103 the cost;this is a substantial number of trees.
104 S. Kevlahan: This should be a Finding of Fact in the decision; some of the trees are on the abutter's property.
105 A. Contarino: Questioned whether the lot in question is referred to as 35 Bonny Ln.; it bas been a treed lot for 40 j
106 years;my family has never touched it. Believes that is the Iot where trees were removed. When they purchased 35
107 Bonny Ln. they also purchased the lot behind it.
108 T.Akerlev: Defined property line location;there was a Iand swap some time ago.
109 P. Boynton: We need 3 things; a Finding of Fact in the decision, a note from the homeowner of 35 Bonny Ln.-
110 wood lot giving permission for access to the lot and 3rd acknowledgement from 47 Bonny Ln. stating they accept
111 fall cost and responsibility for this complete restoration to successful completion on the adjoining property.
112 E. Goldberg: We require the counter signature from 47 Bonny Ln. and documentation in the Findings of Fact.
113 A. Contarino: Questioned what if they don't do it and what if you were to let the 3-year establishment just
114 continue.
115 E. Goldberg.: Your mother has a private civil right of action if someone cuts clown her trees. What is before us is a
116 Special Permit where the homeowner is requesting a permit to replant these trees and we are approving the plan
117 requiring them to do so. They would be in violation of the permit if they didn't do that and could potentially suffer
118 fines if they don't act; they're agreeing to do it. There is nothing in this decision that places any responsibility on
119 your mother. Generally, if they don't keep up their responsibility, they are subject to fines.
120 P. Boynton: It is admirable that you didn't build on that wooded lot for that many years as conservation for the
121 lake. It benefits everyone in town.
122 MOTION: P. Boynton made a motion to close the public hearing for 47 Bonny Lane. T. Simons seconded the
123 motion. The vote was 5-0, unanimous in favor.
124
125 59 Bonny Lane,Mathew Marczak:.Unauthorized tree clearing within the Watershed Protection District Non-
126 Disturbance Buffer Zone.Application for an `after-the-fact' Watershed Special Permit tinder Sections 195-4.19.B
127 and C and 10.7 of the North Andover Zoning Bylaw. The Applicant proposes replanting of landscaping in the
128 Non-Discharge and Non-Disturbance Zones. The project is located within the Residential 1 (R-1)Zoning District,
129 Thor Akerley, Williams & Sparages: Presented updated Proposed Restoration Plan for 59 Bonny Ln. dated
130 8.28.2023 and an O&M Plan, arborist appraisal (similar to 47 Bonny Ln.). The notes are almost identical to 47
131 Bonny Ln.; site has significantly fewer trees cut,they were smaller and no heavy machinery was involved.
132 P. Boynton: Board had photos of very large trees down;how were they removed and dealt with?
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Town of North Andover
PLANNING BOARD
Gernnra Wilkens
Eitrrfr Goldberg, Chair . s� � n,�,6 ClrristoplierKoslrores,
Peter BoyWon •
John Sinrons Assoc.
Sean Kevlahan
Tuesday ArrQust 29, 2023(a, 7 P.in., 120 Maur Street Town Hall,North Andover, MA 01845
133 T.Akerley: The property owner cut them and moved them with a small loader.
134 C Koskores: This property plan is to replace one-for-one v.two-for one. Questioned why do the two properties
135 differ.
136 T. Akerley: This was discussed with Conservation and the arborist. This property still has a thick canopy; our plan
137 is sufficient. Confirmed this tree cutting was solely done on his property not involving any other properties.
138 MOTION: S. Kevlahan made a motion to close the public heating for 59 Bonny Lane. P. Boynton seconded the
139 motion. The vote was 5-0, unanimous in favor.
140 MOTION: S. Kevlahan made a motion to approve the After the Fact Watershed Special Permit(s),as amended,
141 for 47 Bonny Lane. J. Simons seconded the motion, The vote was 5-0, unanimous in favor.
142 MOTION: S.Kevlahan made a motion to approve the After the Fact Watershed Special Permit(s),as amended,
143 for 59 Bonny Lane. J. Simons seconded the motion. The vote was 5-0,znanimous in favor.
144
145 Board: Discussed potential upcoming agenda items: Director of DPW and RCG attend a meeting to discuss the
146 dams based on recent flooding concerns on High Street. Was it just the circumstance of an unusually large storm?
147 This world be to address resiliency and our ability to plan and permit and condition for the future. Changes in
148 climate and weather patterns are creating more problems.
149 P.Boynton: Agreed that Planning had a great deal of involvement with the Mills for a long time. Did we do
150 enough in terms of concepts of resiliency when it comes to property,zoning and permit. Questioned whether we
151 are doing enough regarding flood risks; are there other parts of town we need to address and also consider the
152 Merrimack shoreline?
153 J. Simons: Recalled flooding of Becky's Pond several years ago which doesn't exist any longer; some things have
154 improved;you have to look at all streams in town and how they flow.
155 P. Bo nton: Requested an agenda item to discuss the lake water level and expressed concern about what this will
156 do to the shoreline,erosion and how this impacts the water column and ultimately the water supply long term.
157 E. Goldberg: We will confirm this as being covered under our jurisdiction; let's put it on as a discussion item for
158 the Board as to what role we can take regarding extended high water in the lake.
159
160 DISCUSSION ITEMS
161 Draft Planning Board Rules & Regulations: Draft Rules and Regulations. (Discussion carried to next weeting)
162
163 MEETING MINUTES: Approval of the July 17 &25,2023,Meeting minutes.
164 MOTION: S. Kevlahan made a motion to approve the July 17,2023,Meeting minutes. J. Simons seconded the
165 motion. The vote was 5-0, unanimous in favor. S. Kevlahan made a motion to approve the July 25,2023,Meeting
166 minutes. J. Simons seconded the motion. The vote was 5-0, unanimous in favor.
167
168 ADJOURNMENT
169 MOTION: P. Boynton made a motion to adjourn the meeting.The motion was seconded by S. Kevlahan. The
170 vote was 5-0, unanimous in favor. Meeting adjourned rr 8:02 p.rn.
171
172 MEETING MATERIALS: Planning Board Meeting Agenda August 29,2023,DRAFT Planning Board Meeting Minutes
173 July 17 &25,2023;Staff Report: 230829 Staff Report; 0 Turnpike St.,Middleton Farms,LLC:230824 Cont Req to Sept.
174 5; 189 Willow St.,Vincent Grasso:230823 Continuance to Oct. 3;47 Bonny Lane,Limin Kong: Enforcement Order: 08-
175 09-23 Yd Amended EO—47 Bonny Lane,47 Bonny Lane Amended EO--July 26,2023,Rev Plan&Oper Maint Plan:
176 230808 Proposed Restoration Plan---47 Bonny Lane 47 Bonny Lane—RI,Operation&Maintenance—47 Bonny Lane,Lane,WSP
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair � � Gennna Wilkens
Peter Boynton s� �a •. Christopher Koslror es,
John Simons , Assoc.
Sean A-evlahan
TuesdaE Auzust 29, 2023 rr, 7 P.in., 120 Main Street Town Hall,North Ail dover,MA 01845
177 --Application:230719 Proposed Restoration Plan---47 Bonny Lane,Application Watershed Special Permit,230829 47 Bonny
178 WSP Decision-draft;59 Bonny Lane, Matthew Marczalc Enforcement Order: 08-09-23 Yd Amended Enforcement Order �
179 59 Bonny Lane Rl, 59 Bonny Lane Amended Enforcement Order July 26,2023,Rev Plan&Oper Maint Plan:230808
180 Proposed Restoration Plan 59 Bonny Lane_R1, Operation&Maintenance—59 Bonny Lane,WSP-Application:230719
181 Proposed Restoration Plan—59 Bonny Lane,Application—Watershed Special Permit—59 Bonny Lane,230829 59 Bonny
182 WSP Decision-draft,Draft Planning Board Rules&Regulations:230405 NApbrulesandregs JE_110,230418 Letter to
183 Planning Board re Rules and Regulations.
184
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