HomeMy WebLinkAbout2023-11-07 Planning Board Minutes Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair 41 Genuna Wilkens
Peter yn Boton Christopher Koskores,
John Simons Assoc.
Sean Kevlahan
Tuesday November 7, 2023 rr,7 12Q Main Sfx•eet Town Hall, North Andover, MA 01845
I Present/Planning Board: E. Goldberg, J. Simons, P. Boynton S. Kevlalan, G. Wilkens, C. Koskores,Assoc.
2 Absent:
3 Staff Present: J, Enright
4
5 E. Goldberg, Chairman: The Planning Board meeting for Tuesday,November 7,2023, was called to order at 7
6 p.m.
7
8 BOND RELEASE
9 505 Sutton Street,Sutton Street Redevelopment,LLC: Request for release of a$40,000 performance bond associated
10 with a September 9,2019 Site flan Review,Multifamily Housing,Reduction in Parking,and Screening and Landscaping
11 Special Permit as Modified on February 26,2020. ,!
12 J.Enright: This multi-family development adjacent to the new Senior Center includes 136 market rate rental units within three
13 buildings. The development is filly constructed and has received Certificate of Occupancies. The engineer certification letter,
14 as-built plan,and recorded decisions are included in your meeting packet.
15 MOTION: J. Simons made a motion to approve release of the$40K performance bond,plus interest, for 505 Sutton St.,
16 Sutton Street Redevelopment. S. Kevlahan seconded the motion.The vote was 5-0,unanimous in favor.
17
18 CONTINUED PUBLIC HEARINGS
19 189 Willow Street,Vincent Grasso:Request to Withdraw,without nrei udice. Application for a Site Plan Review and
20 Corridor Development District I Special Permit under Article 8 Supplementary Regulations,Part 3 Site Plan Review,Article
21 16 Corridor Development District,and Article 10 Administration(195-10.7)of the North Andover Zoning Bylaw. The
22 AppIicant proposes construction of a 7,776 SF inulti-tenant professional/bc€siness office and personal service building along
23 with parking, landscaping and associated improvements. The project is located within the Corridor Development District 1
24 (CDD1)Zoning District.
25 J.Enright:Applicant has requested to Withdraw without Prejudice from Planning and Conservation ill order for them to get
26 their plans together again,He has withdrawn his Notice of Intent application filed with the Conservation Commission.
27 MOTION: I Simons made a motion to accept the Withdrawal without prejudice for 189 Willow Street,Vincent Grasso. S.
28 Kevlahan seconded the motion. The vote was 5-0,unanimous in favor.
29
30 315 Turnpike Street,Greystar Development East,LLC: Continued until November 21,2023.Application for Limited
31 Site flan Review under Article 8,Part 3 Site Plan Review and Article 10 Administration Section 195-10.7 of the North
32 Andover Zoning Bylaw. Applicant proposes construction,o€7 Merrimack College campus,of a 77,600,SF building situated
33 along Turnpike Street and a 62,000 SF building situated along Andover Street. Both buildings are comprised of academic and
34 residential space for College use. The site is located in the Residential 3 zoning district.
35 E.Goldberg:Applicant has filed their request for Continuance for November 21,2023.They appear before the Zoning Board
36 of Appeals on November 14,2023.Depending on whether ZBA votes,this could continue into early December.
37 J.Enr : The bylaw specifies the decision is to be rendered within 90 days from the application filing date which would be
38 November 15,2023, unless extended in writing by the applicant.They've agreed in writing to extend that timeline.
39 Board: Discussed an appropriate extension date.Art extension date until November 21,2023 would not allow for approving a
40 decision and filing it in the Clerk's office prior to the expiration date/time, A more reasonable date was agreed to be
41 December 15,2023. This would allow for the potential decision approval on December 5,2023 and dine to file the decision
42 in the Clerk's office ahead of December 15,2021
43 J.Enright: Requested to step out to call the applicant's attorney in order to get an amended Continuance request.
44 Board: Temporarily suspended discussion.
45 Discussion resumed at 8:01.
46 Jeff Doggett Exec.V.P.,CFO,Merrimack College,resident 84 Johnson St.: Board provided a brief as to why an extension
47 until December 15,2023 was necessary. Commented this all seems reasonable. Zoning meets on November 141t'.J. Doggett
48 initialed the agreement extending the date for filing a decision until 12/15/23.
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Town of North Andover
PLANNING BOARD
Eitan Goldberg, Chair' Gerrrnrrr Wilkens
"''d Christopher Iiaslrot-es,
Peter Boynton •
John Simons Assoc.
Senn Kevlahan
Tuesday November 7 2023 A, 7 .m. 120 Main Street Town Hall North Andover MA 01845
49 J.Enright: Agreed to time stamp the continuance document for the second time in the Clerk's Office. One outstanding item is
50 the images of similar type University buildings Iocated on other local campuses.
51 E.Goldberg: If for any reason ZBA does not make a decision on 11/14/23 and we don't need to meet on 11/21/23 let us
52 know;if you're not returning before ZBA until after 12/5/23,we'll rework the dates.
53 MOTION:J. Simons made a motion to continue the public hearing until November 215Y and pant of the Applicant's request
54 extends the timeline for the rendering of a decision to December 15th. S. Kevlahan seconded the motion.The vote was 5-0,
55 unanimous in favor.
56 [Continued to the November 21,2023 Planning Board Meeting]
57
58 N1JW PUBLIC HJCARINGS
59 492 Sutton Street,Homegrown Lacrosse: Application for a Site Plan Review and Watershed Special Permit Article 8
60 Supplementary Regulations,Part 3 Site PIan Review,Article 4 Building and Uses Permitted,Part 5 Watershed Protection
61 District,and Article I0 Administration 195-10.7 of the North Andover Zoning Bylaw. Applicant proposes development of a
62 2.5+/-acre leased area on the Lawrence Municipal Airport property fronting Sutton Street and situated between Terminal
63 Road(i.e.the Airport access driveway)and Old Clark Rqad,to include construction of a 39,100+/-SF athletic facility with
64 office space,parking lot,utilities and drainage improvements. The project is located within the Industrial 2 Zoning District.
65 Brian Vaughan, Smolak&Vau ham&Brian Goodreau Hancock Associates: This is a 39,100 SF indoor lacrosse&soccer
66 training facility currently located at 400 Osgood St. Owner is looking to build a new facility and relocate to the airport across
67 Sutton Street from the new apartments and Senior Center. It is primarily field space with office and mezzanine viewing area.
68 Project is proposed on leased airport land.Two permits are requested: Site Plan Review and Watershed Special Permit from
69 the Planning Board and a Special Permit fi•om ZBA(hearing date is November 14,2023)for recreational use. Lot was built
70 prior to 1994;there are 2 different Watershed lines.The one shown running through this building is the outer edge of the
71 Watershed district.The one which cuts the front right corner of the leased area is the Non-Discharge buffer zone.Traffic
72 increase is very Iow,however submitted a full Traffic Study demonstrating this rather than consider a waiver.Applicant has
73 incorporated items suggested in study; cut thru on Terminal Rd.,stop sign at driveway. Current Homegrown building is
74 approximately 37K SF.
75 Bryan Brazil,resident,75 Rosemont Circle,Owner/Applicant,Homegrown Lacrosse: The business has a 21-24 week busy
76 period starting around Halloween ending around April Ise. Peak hours are weekdays 440 p.m.Runs clinics,lessons and
77 rentals weekdays with a max occupancy of 20 players per field,couple coaches and employees. Lacrosse leagues are run on
78 weekends from 8 a.m.—7 p.nh. Saturdays and 8 a.m.- 10 p.m. Sundays. Thirty players at a time/15 per team,couple coaches
79 and some employees.Not intending to change the business plan,simply offering a better product to our customers which is
80 primarily our coaching and our fields. Parking spaces available increase fi•orn 14 spaces to 44 spaces giving us a max
81 occupancy of 120,
82 P.Boynton: Inquired how close the new traffic cut for the new Sutton St. apartments is to where Terminal Rd. comes in?Will
83 this proximity hit any particular threshold combined with the new traffic created by the new apartment area and Senior
84 Center?
85 J. Enright: Showed overhead view of Terminal Roads proximity to apartment's drive access way.
86 E.G oldbe g: Based on the Traffic Study,the biggest peak is Saturday midday with a 1.3%increase.
87 B.Vaughan: Based our peak hours, it shouldn't be an issue;Traffic Study takes into account anticipated traffic growth from
88 the facility.
89 E. Goldberg:There's an RFP with the Airport,leasing is not a problem,but questioned who is responsible for snow removal,
90 maintenance,etc. We will require a documented O&M Plan for the Watershed Special Permit,
91 B.Vaughan: Terminal Rd, is now maintained by the airport;applicant will be responsible for this on the leased site. The lease
92 has not yet been prepared or finalized.The airport has authorized us to proceed with the application and seek approvals;
93 applicant will enter into the final lease subject to obtaining approvals.The applicant has agreed to taking responsibility for an
94 O&M Pi an.
95 S. Kevlaban: Given this is on Airport property,not in the flight path,does the FAA or MA Port have any jurisdiction,permits,
96 regulations or restrictions on height?Suggests this be included in Decision.
97 B.Vaughan: We should be able to comply;that's a separate FAA application Hancock is handling.
98 E. Goldberg: Is there State Highway or related compliance required with that?
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Town. of North Andover
a
PLANNING BOARD
Gerrrrrta Wilkens
Eitmr Goldberg, Chair zn, +a Christopher Koslror es,
Peter Boynton •
John Simians Assoc.
Serer Kevlahan
i
Tuesday November 7 2023 7 pan., 120 Main Street Town Hall North Andover MA 01845
99 B.Vaughan:No,we are not proposing to alter the curb cut.
100 S.Kevlahan: Questioned whether the building will be air conditioned;have rooftop nnechanicals.
101 B.Brazil: Field space will be unconditioned,just insulated.
102 E.Goldberg: Does our permit limit use?Recreation is an interesting use.
103 J.Enright; There are other uses allowed in an Industrial 2 areas;this is one permitted use in 1-2.In our bylaw,any change of
104 use could potentially trigger a new Site Plan Review;if necessary the applicant would apply for Modification.
105 B. Goodreau, PE,Hancock Associates: This is a 2.5-acre flat,leased area. Soil testing is complete. From a stornnwater
106 perspective,the elevation has to be raised to create topographic changes hi order to capture and treat runoff.Proposes porous
107 pavement due to sensitivity to Watershed. Described storrnwater system conveying roof runoff to a sub-storage system.There
108 is a weir in the parking lot; in the event of an overfill we are proposing a new mail hole on Old Clark St. and carried into the
109 town's MS4.Utilities are ore Terminal Rd.Building will be filly sprinklered. Parking lot to be lit by a couple poles;building
110 will have wall packs, all proposed lighting to by dark-sky compliant. Provided schematic landscape plan focusing on
111 viewshed from Sutton St.Described Watershed line.
112 P.Boynton: Confirmed the outer boundary shown represents the zoning district neap. Questioned why the parking lot is on the
113 Watershed side of the property with all of the drainage. Questioned turning it 180 degrees so that the parking lot would be
114 furthest fronn the lake and all the drainage would go outside. Watershed concerns could be avoided if it were placed this way.
115 B. Goodreau: The line relating to this project barely clips the project defined by either the Mean Annual High Watermark of
116 Lake Cochichewick or Bordering Vegetated Wetland surrounding the lake which has an offset with specific buffers. The
117 Mean Annual High Watermark does not project onto this parcel, it is strictly the BVW. While the topography is generally flat,
118 it does slope toward Sutton St.;the ultimate point of discharge. Water goes there now and will be directed there post-
119 development. Porous pavement offers a higher level of treatment over traditional catch basins. The geometry of the lot
120 dictates the building's location.
121 J. Simons: Clarified leased lot line. Questioned drainage direction. Flipping it doesn't create a zoning problem,it sounds like
122 it's more of a topography issue but might be worth exploring.
123 B. Goodreau: Questions the depiction of the exact location of the"crest"of the Watershed as being drawn accurately.
124 E. Goldberiz: Requested Hancock explore flipping the parking and building if it results in a significant,substantial benefit.
125 B. Goodreau: Reviewed architectural perspectives. Building height is 48 ft. Hangar/warehouse type building.
126 P. Boynton: Questioned type of field material do you use.
127 B. Goodreau: Standard field turf with crumb rubber fill.
128 J.J. IJr right: Stornnwater peer review has turned around one letter which was responded to yesterday.Anticipates closure by
129 next meeting.
130 C.Koskores: Is that Watershed line applicable to this Special Permit?
131 B.Vaughan: Does not believe it applies based on the year that the law was created.
132 E.Goldberg: If peer review agrees that what they are doing is better than what is there now then that's our standard;this
133 Board is asking to see if we can make it better?It needs to be as good or even better. E
134 Eric Loth,resident, 12 Lavender Circle,MINCO: Explained that water and water table were the biggest challenges faced F
135 across the street. The reason wily the Senior Center is elevated 8 ft.is because the water is right below the ground making it
136 really challenging and very expensive. There are large chambers underneath our complex that can actually be walked through.
137 Encouraged the Board to allow some leeway to explore the less expensive alternative for compliant stornnwater management;
138 you could be adding 1-2 million dollars to the project. Also,explained that they went through Planning and Zoning and the
139 overarching drive was to make our project look as good as possible as this is one of the gateways to North Andover.This will
140 be a great amenity for the town;would like to see it physically look as good as possible..
141 J.Enright: Received an email fi-orn resident, John Strauss expressing concern for Old Clark Rd.regarding the danger in
142 turning left out of that road.Encourage Board to initiate conversation to address connecting Terminal Way with Old Clark Rd.
143 in some manner or work with the Airport and Town regarding property to consider creating this access in the futurc; i.e. Old
144 Clark Rd. could become a one-way in and loop around;exiting out of Terminal Rd.
145 E. Goldberg: This seems like a reasonable idea;however,the Board has no jurisdiction over it. It is a legitimate public safety
146 question and a conversation between the Airport,NAPD and Town.
147 J. Enright: Will bring this question to the Town Manager's attention.
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Town of North Andover
PLANNING BOARD
Gemma Wilkens
Eitart Goldberg, Choir .,�c�nt Christopher Koslrores,
Peter Boynton
John Simons Assoc.
Semi Kevlahan
Tuesday November 7, 2023 (�?a,7 p.m., 120 Main Street Town Hall,North Andover, MA 01845
148 E.Goldberg: Our next meeting is 11/21/23,if the applicant does not have sufficient information, let us know and we'll
149 continue to 12/5/23.
150 [Continued to the November 21, 2023 Planning Board Meeting]
151
152 DISCUSSION ITEMS
153 MBTA Communities,Ian Burns MVPCt Bylaw d'unensional summary.
154 Ian Burns,MVPC: Summarized next steps. Currently,working on confirming the dimensional requirements for each sub-
155 district being discussed. Once the Board is satisfied,we'll draft the full bylaw and present it to this Board December 5,2023.
156 Will hold a community engagement session that week about MBTA Communities and the Housing Production Plan process.
157 State Office of Housing and Livable Communities will then review and approve your bylaw in a pre-adoption review before
158 going to Town Meeting.They essentially deem it to be compliant if your Town Meeting approves it,which is an optional part
159 of the process but a smart one;they require 90 days of pre-adoption review time to submit that to HLC by the end of 12/2023
160 so they can offer feedback before Town Meeting 2024.
161 J. Enright: The traditional Planning Board review and public hearing process would run concurrently with that timeline.We
162 wouldn't wait for the 90 days; Planning would run public hearings(Feby. thru March)in hopes that few,if any,material
163 changes are made during that process.
164 1. Burns: MVPC will submit this proposal to the state by the end of December and will hopefully receive feedback by March.
165 After this process,because North Andover has Inclusionary Zoning,we are required to submit an economic feasibility
166 analysis demonstrating that the incluusionary zoning requirements(specific to our bylaw)are not so restrictive they would
167 prohibit development.We will run the bylaw through 3 different scenarios and prep the bylaw for Town Meeting warrant.
168 Briefly discussed dimensional requirements for the Use Table. First SubDistrict considered: Osgood Landing,58-acre site
169 formerly 40R along Rte. 125 close to Ate. 495 &Ward Hill,commercial businesses, etc. It has potential opportunity to the
170 Lawrence Commuter Rail and potential site of the future MBTA commuter rail stop.New sewer line can accommodate
171 additional development of the site aligning with Master Plan strategies. Second SubDistrict considered:North Andover Mall
172 is a 32-acre district along Rte. 114 with access to Rte.495 and multiple McVa bus routes.There is close proximity to
173 businesses along Rte. 114 in both Lawrence and North Andover and it is an opportunity to improve tlue Gateway to the town
174 and aligns with Master Plan strategies.
175 P.Boynton:Any conflicts with either of these parcels with respect to floodplain,one on the Merrimack,the other on the
176 Shawsheen River?Are you avoiding areas due to wetlands or because it is at risk of flooding in severe storms? Extreme
177 flooding risk is a threat to allowing something to be built knowing it will be susceptible to flooding;flood zones change and
178 are updated. I don't want to be considering a path for construction if we know an area is susceptible.
179 1.Burns: We are looking at the zoning piece,not the development,conflicts arise when we are modeling developable area.
180 When we are discussing zoning v. construction,we are not getting into the weeds of what can physically be built on the site.
181 On this map,the faint blue overlay abutting the Shawsheen River notes"excluded land".For modeling purposes,we identify
182 land as being potentially developable for multi-family housing, avoiding wetlands.Developers would still need to follow your
183 regulations and procedures regarding environmental site constraints and adhere to and avoid changing flood zones. For this
184 bylaw,it is not a concern at this time,we are just discussing zoning. If later on,the developer realizes the floodplain changes
185 that is not a problem in terms of compliance.This is a zoning analysis,not a build-out analysis.
186 E. Goldberg: This exercise doesn't negate other regulations that could apply;this will be an Overly District rather than
187 replacing the district.
188 1.Burns:Addressed questions regarding existing conditions on the site's comparable developments.No.Andover Mall: is
189 234,297 SF, 1-story,35.4 ft.to parapet and has 1,011 parking spaces. Surrounding area has property lines to the rear along
190 Waverly Rd.that are set higher and wooded(topo at 77 ft.)which if it is 3-4 stories,won't be cumbersome, ft-out building line
191 is 35 ft. Osgood Landing_is 399,999 SF,3-story, 53 ft.height,building footprint is 133,333 SF,Large ground mounted solar
192 system sits on 30 acres,28 acres are developed and has 1,508 parking spaces.The Merrimack River is to the rear of the site,
193 Holt Rd. is to the South and Rte. 125 to East, a contractor yard is situated to the North and Amazon(95 ft.height)is behind
194 the existing office building. Compared dimensional parameters of adjacent developments:No.Andover Mall: Den Rock Apts.
195 -Mil.Lot area Den Rock Apts, is 5K SF,6 stories(70 ft.)FAR 0:70:1, 50%max building coverage,35%Min.Open Space,
196 Setbacks are 15'(front) 10'(side), 10'(rear).Princeton Properties Min,Lot area is 25K SF,3 stories(35 ft.),4 stories by
197 special permit,FAR 0:75:1,max Lot coverage is 35%, Setbacks are 100'(front),25'(side),30'(rear),
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Town of'Nor1h Andover
PLANNING BOARD
Gennna Wilkens
Eitrrn Golrlberr, Chair Christopher•11:oskor-es,
Peter Boynton •
John Simons Assoc,
Serra Kevlahan
Tuesday November 7 2023 7 .m. 120 Main Street Town Hall North Andover, MA 01845
198 J. Enright:Addressed potential Dimensional Requirements and Use Table for feedback from the Board. Envisions either site
199 to incentivize Mixed-Use development which is more aligned with the OSGOD Overlay. We call for 15 units per acre
200 maximum,potentially 20,if Mixed-Use is proposed.
201 E. Goldberg: Suggested 3-stories at North Andover Mall with potential for 4-stories if ground floor commercial.
202 I. Burns: Compliance modeling(density&unit capacity regs.)gets tricky when you start reducing number of stories of
203 residential housing;other parameters need to change but is very doable.
204 Board: Preferred maintaining the Open Space minimum,Lot Area is 0 due to Overlay; owners can choose to come in under
205 the Underlay or Overlay. Setbacks all seem appropriate. Multiple buildings on one lot is allowed. Sustainability and roof
206 mounted solar should be incentivized. Board has no overall objection;don't want to consider I or 2-families for permitted
207 uses;start at 3 and up.
208 J.Enright: Reviewed Use Table. There could be some housekeeping changes.Proposed adding additional uses,distillery,
209 maker space,boutique hotel,etc.,used OSGOD and Royal Crest as zoning Plan Review examples.
210 Gemnia Wilkens: What is the incentive for a Sustainability clause?Passive House,LEED certification,water conservation
211 measures,suggested taking a wholistic look,pedestrian amenities and safety, Shared Use Path,etc.
212 E.Goldberg: Perhaps you could get a bonus for density.Next step is drafting the bylaw with a target date of December 5,
213 2023.
214
215 MEETING MINUTES: Approval of October 16,2023 and October 17,2023 meeting minutes.
216 MOTION: J. Simons made a motion to accept the minutes for October I6,2023 &October 31,2023. S. Kevlahan seconded
217 the motion.The vote was 5-0,unanimous in favor.
218
219 ADJOURNMENT
220 MOTION: P. Boynton made a motion to adjourn the meeting. The motion was seconded by S.Kevlahan. The vote was 5-0,
221 unanimous in favor. Meeting adjourned a 8:40 pain.
222
223 MEETING MATERIALS: Planning Board Meeting Agenda November 7,2023,DRAFT Planning Board Meeting Minutes
224 October 16& 17,2023;Staff Report:231107 Staff Report;505 Sutton Street,Sutton Street Redevelopment,LLC:Bui
225 Cert—As-Built:230606 As-Built Plan,230606 Eng Certification Letter,Recorded Decisions: Modification:Planning Bd
226 Modified Decision Common Drive Bk 16233 Pg 253,Planning Bd Modified Decision Height Waiver Bk 16233 Pg 247,
227 Planning Bd Modified Decision SPR etc Bk 16233 Pg 214,Or.- i ig nal:Planning Bd Decision SPR, etc. Bk 16233 Pg 258,
228 Planning Bd Decision Common Drive Bk 16233 Pg 282,Planning Bd Decision Height Waiver Bk 16233 Pg 287, 505 Sutton
229 St.ZBA variance recorded Bk 16905 Pg 224;189 Willow Street,Vincent Grasso:231023 Request to Withdraw;315
230 Turnpike,Greystar Development East LLC: (Contd,to November 21,2023);492 Sutton Street,Homegrown Lacrosse:
231 Application:2023,10.05—Architectural Drawings--HGR Sports Facility and Offices(00272736xBC4F6),2023.10.05—
232 Conceptual Renderings---HGR Sport Facility and Offices(00272737xBC4F6),20230831_SW report-stamped,20230928-
233 Plan Set Stamped,Final Site Plan Review SP Application(Homegrown Lacrosse)(00272796xBC4F6),final Watershed
234 Special Permit Application(Homegrown Lacrosse)(00272797xBC4F6),Letter of Authorization(Homegrown Lacrosse)
235 (00269419xBC4F6)Memo to Planning Board for Site Plan Review SP WSP(2023 Homegrown Lacrosse)
236 (00272815xBC4F6),Department Review:23 10 10 Conservation Comment,230109 DPW Operations Comment,231101
237 NAFD Comment;Rev Site Plan: 20231106-27016-SP-RI-Stamped, Stormwater Review: Resp to HW 231018 Peer Review:
238 20231101 HW SWPeerReview US Response,20231106-27016-SP-RI-Stamped,20231106-27016-SW feport-R1,
239 231018—HW_SWPeerReview_492 Sutton Street,Traffic Study: 231102 9833 TIA 1123 with Appendix,Locus;MBTA
240 Communities,Ian Burns,MVPC:231103 Comparison Table of Use Regs,231107 META Communities Dimensional
241 Comparison,231107 Planning Board Presentation;Draft Planning Board Rules&Regulations:230405 NApbrulesandregs
242 JE_EG,230418 Letter to Planning Board re Rules and Regulations.
243
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