Update: Tree House Overflow Lot Nixed By Ciampa

Maggi Morin says more tee times were planned. Plus: Proposed dispensary on Andover St. moves closer to a vote

This is an updated version of this story reflecting that Tree House failed to obtain a supermajority on its special permit request, as required.

The Planning Board met last night without member Vinny Fratalia. There were no committee reports. The full meeting is now online here.

Three applicants requested continuances to the Feb. 26 meeting: 770 Main St., a proposed daycare; 1600 Shawsheen St., the Holt & Bugbee lot split; and 1695 Shawsheen St., the new Smyth Cannabis headquarters and retail outlet.

In her Town Planner’s report, Community/Economic Development Planner Alexandra Lowder advised the board that there are no new scheduled hearings for Feb. 26. She also reminded the board of her ongoing “Ask Alex” office hours, where residents may ask questions on planning-related matters, including MBTA Communities zoning. 

Lowder also noted that the final Winter Community market is scheduled for Feb. 29. There will be vendors inside the Senior Center, with food trucks in the parking lot.

In new business news, The Pull-Up opened at 2253 Main St.

“This is really a great success story of a food truck to brick and mortar,” she said. “We’re really glad Robin Brown chose Tewksbury to be his restaurant’s home.”

In addition, Brother’s Sports Bar & Grill plans a grand opening at the former Skybox on Friday.

In regard to the upcoming election, this Friday is the last day to turn in papers, and there will be a candidates’ forum on March 27 and 28, with the Select Board Q&A moderated by Robert Hayes.

Finally, she noted that the state has not yet provided feedback on the MBTA Communities zoning draft that the town submitted to EOHLC. Because the May Town Meeting warrant closes on Friday, there may be some changes to the wording made as an amendment. Changes on Town Meeting floor are discouraged; Lowder asks that anyone wishing to propose changes do so at the public Finance Committee meeting to review the warrant. 

“It’s a very fine balance between meeting the minimum requirements,” she said. “In an event where someone proposes to make it even slightly more strict, it probably changes the density per acre, it could just make the whole thing not work.” 

On questioning from member Jim Duffy, Lowder said there has been no discussion of use of State Hospital land for any type of housing. She added that EOHLC feedback is due by the end of the month.

The board voted unanimously to advance the article to the warrant.

Heather Duddko appeared for the new Hilton Garden Inn at 75 Highwood Drive, requesting a special permit to place a 60-foot sign that will be visible from I 495. The sign will be slightly smaller than the existing Holiday Inn sign. The permit was approved unanimously.

After approving two family suites, on Fox Run Drive and Andover St., the board took up the site plan review and land disturbance special permit for the proposed Tree House Brewing Co. overflow lot at 1879 Main St. 

Tree House Gets a No On Funland Revamp

Jim Hanley of Civil Design Consultants and Sarah Maggi Morin from Tree House appeared, and Hanley reminded the board of the history of the project, which has been on the drawing board since May.

Hanley said the plan is to add 138 parking spots with access off of Main St. with accessible sidewalks, ramps and crosswalks, and 47 new trees and shrubs as well as new lighting. The plan also called for “a substantial amount of pavement” to be pulled back from the riverfront area.

The Conservation Commission signed off on the project in December after extensive work and reviews by MassDEP. The redevelopment would reduce impervious surface on the site — which has been vacant for close to 20 years — by 15,000 square feet, or approximately 20%. It would also provide a reduction in peak discharge and stormwater volume and increase flood storage by 20%. The space between Heath Brook and the easement area would have been completely revegetated and deemed conservation land in perpetuity.

“A parking lot really is an ideal use of the site,” said Hanley.

One sticking point for Duffy and member Nick Lizotte was the plan to place new required handicap parking spaces in the satellite lot. 

“Common sense dictates that handicapped people need to be parked closer to the front door,” said Duffy, who requested a condition be added to move two of the five required accessible spaces to the main lot.

Lizotte agreed and asked when Tree House expects the lot to be used. Maggi Morin said peak golf season and holidays will be popular times for the venue.

“We’re looking forward to expanding availability for tee times for golf during certain times of the year,” she said. “We think this is going to allow us some more flexibility to do that.” 

Tree House also had agreed to cement concrete sidewalks and planned to ask MassDoT for a perpendicular crosswalk. All changes would have been subject to MassDoT approval since Rt. 38 is a state road.

Member Jonathan Ciampa expressed concern over the number of people crossing and the traffic affect on Main St. Like the crosswalk configuration, timing of the light at the intersection of Main St. and Livingston St. and any other measures to ensure safety would be determined by the state.

“I don’t have tremendous faith in MassDoT getting it right,” said Ciampa of the length of the light to allow people to cross Main St.

Given that Vice Chair Vinny Fratalia was not in attendance, Tree House needed all four members to vote yes on a special permit for a satellite parking lot, per Tewksbury bylaws. Ciampa was the lone no, meaning the package failed.

Lowder will now draft the decision and file it with the Town Clerk. Tree House has the option to appeal to the Land Court or Superior Court.

Residents Reiterate Cannabis Concerns

Next up, the proposed 133 Cannabis LLC dispensary at 1625 Andover St., which is scheduled to go before the Select Board tonight. 

Attorney David Plunkett, applicant for a cannabis license Dean Graffeo, traffic engineer Kim Eric Hazarvartian and consultant Matt Hamor appeared for a continued site plan review and land disturbance permit. At the last meeting, the board was informed of a number of changes made to address abutter concerns, including a 10 a.m. opening to avoid conflict with morning dropoff at the nearby Learning Experience daycare, right-turn-only exits from both sides of the lot, parking lot attendants, landscape screening and fake windows.  

Hazarvartian said the square footage of the building will be reduced to 4,121 square feet, which will result in a traffic reduction. The driveway will also be widened to 24 feet to alleviate the possibility of cars backing up onto Andover St. The final analysis, which the town’s peer review engineer Jeffrey Dirk agrees with, estimates 893 vehicle trips during the week and 1092 trips on Saturday, with some of those being “pass by” trips, that is, people who would be traveling by the location anyway. 

Dirk stressed that the analysis is uniform to how other dispensary traffic was estimated, as was requested by Chair Stephen Johnson at the last meeting. 

Plunkett reminded the board that items such as curbing and landscaping are in keeping with a permit that remains in force for the fine dining restaurant that was planned for the site. Allowable uses were expanded to include retail cannabis at Town Meeting in October, by a two-thirds vote.

As at previous meetings, residents of Deering Drive and staff from the Learning Experience daycare spoke against the proposal, again citing traffic, the difficulty of pulling out onto Andover St., the pending conversion of the Residence Inn to apartments, and the proximity of the child care center. 

Shannon Doherty, manager of Learning Experience, listed towns that do not currently allow dispensaries, including Andover, North Andover, Reading, North Reading, Wilmington, Methuen, and Lawrence.

 “That is going to bring in a lot more traffic, since those are all surrounding towns,” she said.

Another speaker added New Hampshire residents to that list of people who might be expected to visit this location, which is close to the I-495 interchange. The other two approved retail cannabis locations are at Shawsheen St. and East St., near I-93, and in the Job Lots plaza, which is also near 495 and Rt. 3.

“I don’t think that any business person would choose this location, unless they expected a very good business to be done,” said one Deering Drive resident. “They’re there to make money. And so if you’re not going to have an increase in traffic, why would you be there?”

Johnson addressed one speaker’s concern about consumption on site; that’s regulated by the Cannabis Control Commission. He also pointed out that the area in question is commercial, with an adjacent coffee outlet.

“This is a site that’s been designated by the town as a potential site for this type of business,” he said. “This is a legal business. We seem to be confused by that a little bit here.”

Duffy concurred and reminded the audience that there is traffic in every area of town.

“I don’t want to see another ugly vacant lot,” said Duffy.  “I would like to see that area developed appropriately, with the appropriate safeguards.”

The hearing was continued to the next Planning Board meeting, on Feb. 26 . The expectation is that Graffeo will appear before the Select Board tonight for an initial review of the proposal. At that board’s last meeting, member Jayne Wellman made a motion to limit the current round of consideration for the town’s third and final license to Cannafords, which is proposed at 2504 Main St., and 133 Cannabis LLC. Wellman also moved to take up the matter at the first meeting in March, which will be March 12. Both motions were approved unanimously. 

That gives 133 Cannabis several weeks to clear the Planning Board and have its application into the Select Board.