Powder Mill Square
Town says reported deal on project has no standing By Meir Rinde
A tentative settlement of a lawsuit by neighbors opposed to a housing development at Powder Mill Square has not been presented to the town and has no official standing. Planning Director Stephen Colyer said.
Colyer was aware of the terms of the proposed agreement between developers Northpoint Realty Trust and Joyce Terrace residents Peter M. Hadley and Donna J.Hadley, but was surprised when Northpoint's Louis P. Minicucci detailed the plan in an Eagle Tribune article last week, he said.
The revised plan reduces the development on North Main and Stevens streets from 72 to 60 units, changes them from rentals to condominiums, and eliminates 65,000 square feet of office space, Minicucci said. Colyer last heard about the settlement of the May 2000 suit as a preliminary "gentleman's agreement" during an executive session in early May, he said.
Because the Hadleys sued the Planning Board in addition to Northpoint, they must give the board notice that they have dropped the suit. Only then can the board begin reviewing the new development plan, Colyer said. "One of the main purposes of the meeting in May was, if there is a settlement and the project comes back in another form, to lay the groundwork for the process from here on out," he said this week. "Basically, the developer will have to start from scratch."
Neighbors who opposed the original plan said it would worsen flooding from the Shawsheen River during big storms, which have ravaged the neighborhood in the past. They argued waste that rises out of the sewer system after heavy rains would contaminate the medical office building proposed for the development and pose a hazard to residents. After the Planning Board and Conservation Commission approved the plan, the Hadleys sued Northpoint and the town. A group of neighbors also asked for a state environmental review of the project, and when the request was denied, appealed the decision to the Department of Environmental Protection.
Colyer said he is waiting to see details of the new design, but said he would tend to favor any plan that does not build commercial space on the Shawsheen River floodplain and maintains the area as a park or open space,
"I understand it's now totally residential, and there wasn't going to be any encroachment into the flood hazard zone," he said. "From those couple of aspects alone, it's probably a step forward, toward the good."

This picture was taken March 22nd 2001, before the river crested.Would you build a housing project on the exact site of this building? The Executive Office of Environmental Affairs, the Department of Environmental Protection, the Andover Planning Board and Conservation Commission would! Webmaster's Notes; I have decided to devote an entire section of this site to the ongoing battle between David (a few concerned citizens of Andover) and Goliath (Northpoint Realty).At this point Northpoint must feel they have the upper hand, having bluffed the Planning Board and Conservation Commission into approving the project... but what is this? it seems Northpoint withheld an Environmental Report which shows arsenic and other toxins present in the soil during the permitting process.When asked at Thursdays' walk through to point out where the "hot" test pits were, Northpoints' lawyers tried to diminish the findings by saying they are barely above reportable levels, but if there is nothing to hide, why did they withhold this report dated June 2nd, 2000, until October?
Update 4/9/01   The request for an Environmental Impact Report on this site was denied by  Robert Durand, Seceratary for the Executive Office of Environmental Affairs.
   Northpoint has now played the 40B card whereby they can apply for one comprehensive permit by setting aside 29 units as so called affordable-housing.
   This is nothing but an "in your face" tactic.Hopefully town leaders will wake up and rethink approval of this project.
   It is also high time the state stepped in and put a halt to this project.
Update   4/13/01  Well, it seems in his denial of the EIR Robert Durand paved the way for the DEP to give thier final approval of the project. Funny, they approved the project on the same day Peter Hadley gave a presentation opposing the project  at the SRWA monthly meeting.EOEA and DEP representatives Bill Dunn and Judy Barber acted as though it was the first they had heard of the project. I first drew attention to this project in November of '99.There is more than enough information in this website as to why this project should not be built, I wonder if they have ever seen any of it?
 For updated stories pertaining to this site/project scroll down. Archive section is at bottom of this page.

Seceratary of the Executive Office of Environmental Affairs Robert Durand denied the application for an Environmental Impact Report on this site.

The Common Wealth of Massachusetts
Executive Office of Environmental Affairs
251 Causeway St., Suite 900
Boston, MA 02114-2119
Tel. (617) 626-1000
Fax (617) 626-1181

January 8, 2001

CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS
ON THE
ENVIRONMENTAL NOTIFICATION FORM


PROJECT NAME                     Powder Mill Square
PROJECT MUNICIPALITY             Andover
PROJECT WATERSHED                Shawsheen
EOEA NUMBER                      12306
PROJECT PROPONENT                Northpoint Realty
DATE NOTICED IN MONITOR          September 9, 2000

    Pursuant to the Massachusetts Environmental Policy Act (G. L. c. 30, ss . 618B62H) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this project does not require the preparation of an  Environmental Impact Report.

    This project involves the redevelopment of an existing industrial/residential site containing a 20,170 square foot office building recently used as medical office and five residential structures containing 8 apartment units.  These structures are proposed to be demolished and replaced with a 65,216  sf office building and a 72 unit residential complex.

    Access to the site is planned from Stevens Street and egress is planned from the site to North Main Street opposite the Shawsheen Plaza Driveway.  The signals at Shawsheen Plaza will be replaced and will be coordinated with the signal at Stevens/North Main Streets.  Additionally, a third lane will  be constructed at the Stevens/North Main intersection to allow for left turning traffic.

    The project is located within the Andover Village Industrial District which is listed in the State and National Registers of Historic Places as an element of the Andover National Register Multiple Resource Area. The proponent has conducted an archaeological survey of the site and a survey of the above ground structures for review by the Massachusetts Historical Commission  (MHC).

     Based on the information provided, the MHC has determined that the project will have an adverse effect on the historic district by demolition of the State Register properties but it has agreed to accept the adverse effect, with mitigation, because there are no reasonable and prudent alternatives t o the demolition.  The MHC is currently preparing a Memorandum of Agreement that will include the mitigation measures as stipulations.  These measures include allowing any party to move the structure(s), in whole or part, to other locations; providing photographic and written documentation satisfactory to the MHC prior to demolition; allowing MHC and the Andover Historical Commission to review plans for structures and signage along the Shawsheen River; and preserving the retaining walls and other features along the river to the extent practicable.

     The Andover Conservation Commission has issued an Order of Conditions  for the project which has been appealed by neighbors and is currently before the Department of Environmental Protection (DEP) for a Superceding Order. The Andover Planning Board, after a comprehensive review process,  has issued three Special Permits for the project which have also been appealed by neighbors.  Issues relating to wetlands, flooding, and stormwater management will be addressed during the DEP review process leading to a Superceding Order of Conditions and issues relating to site planning will be resolved by resolution of the appeals of the Special Permits.

     Based on the above findings, the acceptance of the adverse effect, with mitigation, by the MHC, and the pending review of wetland and drainage issues by the DEP,  I find that the project  may proceed without further MEPA review.

January 8, 2001                                  Bob Durand
                 
Comments received
Andover Board of Health
Andover Historical Society
Andover Preservation Commission
Andover Selectmen
Avery, Paula
Department of Environmental Protection
Hadley, Peter (11-22-00)
Hadley, Peter (l0-23-00)
Hodgman, Barbara
Katz, Robert
Massachusetts Historical Commission (01-02-01)
Massachusetts Historical Commission (9-25-00)
Robbins, Patrick
 

Funny, this is the same Robert Durand who came to Andover January 7th , 2000 with his Community Preservation Act roadshow.The summit was held to "identify critical concerns for residents in those communities as they grapple with ways to balance thier communitie's needs in a time when more and more open space is being converted to housing and precious waterways are at risk of contamination." I guess he was talking out his hat.

The EOEA's denial of the Environmental Impact Report paved the way for the DEP to approve the project!

Letter to Bob Durand, Seceratary of EOEA: 11/22/00

Top 10 Reasons Powder Mill Square should not be built:

Another "funny" thing,  the above story about approval by the state to build on this site appeared on the front page opposite this story about how Federal money is available to the people who lost thier homes and posessions on this same site last month during the flooding.

Powder Mill garage gets OK             Eagle Tribune 4/12/01
•Developer Louis P Minicucci said the $4 million flooding-garage plan is not a "newfangled" idea.
By Shawn Regan
Eagle-Tribune Writer

ANDOVER — State regulators have put their stamp of approval on a controversial underground parking garage at Powder Mill Square that will be designed to store water when the Shawsheen River jumps its banks.
   It clears a major hurdle for the developers and means they only need a permit from the town's Zoning Board of Appeals to start buildmg a housing development on the site.
   The underground garage would accommodate either of two large proposals being pitched by Northpoint Realty Development Corp. for the 5-acre property wedged between North Main Street, Stevens Street and the river, across North Main from the Shawsheen Plaza. The garage is designed to fill with flood water then slowly drain.
   Northpoint first proposed a conventional 72-unit apartment complex with a 65,000-square-foot medical office building. After it's approval by the town was challenged, developer Louis P. Minicucci proposed a second plan that could bypass town approval by providing state-urged affordable housing. The plan calls for 114 housing units —reserved for low- and middle income buyers — and the office building. Mr. Minicucci has said he will develop whichever is approved first.
   "This is great news and a major step in the project," Mr. Minicucci said of the state's OK. "If there were any reservations over this project, it was flooding. But this confirmation by DEP that our plan is sound should relieve any concerns lay people would have."
   Land around Powder Mill Square suffered extensive flooding from storms last month. State regulators found that the garage would compensate for the loss of flood capacity over the property.
   Mr. Minicucci said the $4 million flooding—garage plan is not "newfangled" as some have described it, but rather a common design used around the country for developments in flood plains.
   The state ruling comes in answer to residents' appeal of the Conservation Commission's approval of the 72-unit project. The appeal was filed by neighbor Peter M. Hadley of 8 Joyce Terrace and nine other residents.
   Mr. Hadley was unavailable for comment. His attorney, Matthew A. Caffrey of Lawrence, said he had not
yet seen the decision.
    Conservation Administrator James A. Greer said the state decision does not mention anything about the new, larger, affordable housing plan. In fact, one of the new conditions states that any change would be subject to local review andapproval by state regulators.
   "I'm reasonably sure the commission would want a new public hearing if (the developers) go forward with the affordable plan," Mr. Greer said.
   Mr. Minicucci believes he can build either project under the approvals already granted by state and local environmental officials.
   "The affordable project has the same footprint as the old plan," he said. "The additional homes will be on a fourth floor. There is no change to the impervious area we would impact or the envelope of the project."
   Mr. Greer said that Mr. Hadley or any of the neighbors may appeal the April 5 ruling by requesting an administrative hearing with the state agency.
 

                              Archives

History of Powder Mill Square

Health Director's Letter to EOEA: 9/27/00

Massachusetts Historical Commission Letter to EOEA: 9/25/00

Andover Historical Society Letter to EOEA:  9/25/00

Letters Needed to EOEA:  9/19/00

Letter to Bob Durand, Seceratary of EOEA: 11/22/00

Neighbors: Builders Held Toxin Report:  Andover Townsman 11/1/00

Artifacts Won't Take Powder: Andover Townsman 11/2/00

Archaeologists to Dig in the Middle of Town: Andover Townsman 10/31/00

Developers Say Contamination Does Not Warrant Cleanup: Andover Townsman 10/26/00

Preservation Commission Wants to Protect PMS: Andover Townsman 10/19/00

Andover Developers to Have Plans Reviewed: Andover Townsman 10/13/00

Survey   9/1/00

Simmons Report to Northpoint: 6/2/00

Neighbors Sue to Halt Project:  Eagle Tribune 5/24/00

Family Still Suffers from Sewer Leak:  Eagle Tribune 5/8/00

Sewage Overflows into River from Heavy Rains April 22nd: ET 5/8/00 

Message Develops: Townsman Editorial  5/8/00

Voters Want to Box Out PMS: Eagle Tribune 5/8/00

Sound off: Eagle Tribune   5/4/00

Complicated Project Continues: Andover Townsman  4/27/00

Planning Board Gives OK: Andover Townsman   4/26/00

Town Meeting May Have Effect on PMS: AT  4/26/00

Message:Leave Town Bylaws to Town: Andover Townsman   4/26/00

Luxury Complex OK by Town: NOT NEIGHBORS! ET   4/22/00

Selectmen OK Stevens St. Expansion: Andover Townsman  4/8/00

Letter to DEP:   3/25/00

DEP Visits PMS: Andover Townsman   3/23/00

Residents Appeal Approval of PMS: Andover Townsman   3/16/00

Neighbors Aflood with Fears: Eagle Tribune   3/16/00

PMS Needs Variance: Andover Townsman   3/1/00

100 Year Floods More Frequent: Andover Townsman  11/24/99

Cons Com looks at PMS: Andover Townsman   11/4/99