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HomeMy WebLinkAbout1974-01-14Monday - January 1~, 197 2 Hearings The BOARD OF APPEALS met on Monday evening, January 1~, 197~ at 7:30 P.M. at the Middle School Auditorium. The following members were present and voting: Frank Serio, Jr., Chairman; Dr. Eugene A. Beliveau, Clerk; William N. Salea~ae, Louis DiFruscio and Associate Member Alfred E. Frizelle, .Esq. who sat in place of regular member Arthur R. Drummond. Associate Member James D. Noble, Jr. was also present to observe. There were approx. 200 people present for the meeting. 1. H~ING: Joseph J. Flynm. Dr. Beliveau read the legal notice in the appeal of Joseph J. 'FI~ who requested a Special Permit under Sec. &.122 (iL) of the Zoning By-Law so as to permit the conversion of the third floor to another apa~ment$ located at 70 & 72 Pleasant Street, at the corner of Clarendon Street. Mr. and Mrs. Flyrm were present. Mr. Flymn said he had nothing to add except that he wanted to convert the third floor of his dwelling to another apartment, which would then make five apartments. Building Inspector Foster said he inspected the premises and explained that he doesn't have to do any work that would require floor plans; he is ~ot going to change the room sizes. He said there is a large vacant area of land which would provide more than enough room for parking. Chairman Serio read Mr. Foster's letter which expl~ued"that' the main partition between the stairways lead~-~g to the third floor must be covered on one side by 5/8 fire-code sheetrock, firestopping must be installed at the second floor level between partition studs and two 1-hour rated fire doors must be installed at the bottom of the stairways leading to the third floor apartment. These requirements will meet the BOCA Code regulations for safe means of escape from the proposed third floor apartment. Additional light and ventilation by means of windows must be provided to meet Section 507.2 of the BOCA Code." Dr. Beliveau made a motion to take the petition under advisement and the Board will view the premises; Mr. Salemme seconded the motion and the vote was unanimous. LINCOLN GILES PETITION: A hearing was held last month on the petition of C. Lincoln Giles for a special permit to extend the General Business use 100 feet on his property on Chickering Road. Mr. Frizelle made a motion that the petition be withdrawn without prejudice and that the' plans be revised for submission at a new hearing to be held at our next regular meeting. Mr. Salemme secondea the motion and the vote was unanimous. 2. P~I~: Archdiocese of Boston Chairman Serio gave the order of presentation for the hearing as follows: Reading of the petition and legal notice by the Clerk; presentation of exhibits, if any; the applicant's presentation; reports of the various town agencies; opponent's presentations; questions of those seeking information and then the applicant's rebuttal. January 12, 197~ - cont. Dr. Beliveau read the legal notice as follows: "Notice is hereby given that the Board of Appeals will give a hearing at the North Andover Middle School Auditorium, on Monday evening, January 14, 1974 at 7:30 P.M. to all parties interested in the appeal of the PZ~NNI~G OFFICE FOR URBAN AFFAIRS, INC. (ARCHDIOCESE OF BOSTON), for a Comprehensive Permit pursuant to Chapter ~OB, Section 21 of the Massachusetts General Laws, so as to permit the erection of 230 low and moderate income dwelling units on a site of approximately thirty- one acres located on the easterly side of Waverley Road adjacent to the Holy Sepulchre Cemetery. Atty. James G. Dolan, Jr. spoke as General Counsel.for the PlarmzLmg Office for Urban Affairs, Inc. and attorney for the Roman Catholic Archbishop of Boston owner of the 31-acre parcel of land adjacent to the Holy Sepulchre Cemetery which is the site of this application. This application is for a Comprehensive Permit to permit the construction of 92 1-bedroom apartments, 69 2-bedroom, (~6 3-bedroom) and 23 ~-bedroom townhouse unitsi making A total of 230 dwelling units. Ail will be made available to iow and moderate income families. It is their conviction that townhouses are the most desireable multi-family living and a form of home ownership will be provided. Under the existing zoning this could not be done. Meeting the requirements of the Subdivision Control Law make the project uneconomical. The Board of Appeals are given the power to override the Zoning By-Laws and any other regulations which are not consistent with local needs. Atty. Dolan cited the Haaover and Concord cases which went before the Housing Appeals Committee. He quoted from Section 20-23, Chapter ~OB of the General Laws. They will show that there is a local and regional need for iow and moderate income housing. The Housing Appeals Committee has established that local Boards of Appeals may override Zoning By-Laws and that the granting of a Comprehensive Permit does not constitute spot zon~g. ~He quoted from Section 20, Chapter ~OB which states requirements that have to be met. Re stated that 1. The number of iow and moderate income housing units occupied or availabe for occupancy in North Andover is not in excess of ten percent of the total number of housing units reported in the latest decennial census. 2. The land area occupied by low and moderate income housing units in North Andover doe not comprise one and one-h~le percent or more of the total land area zoned for residential, commercial, or industrial use, excluding publicly owned land. 3. Approval of this application would not result in the commencement, in any one calendar year, of construction of iow and moderate income housing units on sites comprising more than three tenths of one percent of land in North Andover zoned for residential, commercial, or industrial use, excluding publicly owned land, or comprising more than ten acres, whichever is greater. Atty. Dolan's presentation gave the same information that is in the letter of application to the Board, which is on file with the Board of Appeals and the Town Clerk. January 14, 1974 - cont. Steven Diamond, Architect and Planning Consultant for the Archdiocese, spoke next and showed plans of the development and an aerial photograph of the site. He gave a description of the apartments and townhouse units. The buildings will be of standard wood frame on concrete slab. The units will be grouped into clusters and each cluster will have about 30 units. 79% of the area will be available as open space after the project is completed. In addition, there will be a community building; playground area, basketball , tennis courts and a swimming pool. The density of thAs proposal compares favorably with other multi-family developments in the area. This proposal is 7.~ dwelling units per acre, Heritage Green is 12.1, Village Green is 9.6 and Royal Crest is 7.7 dwelling units per acre. The setbacks exceed the requirements of both the R-~ and R-5 districts. The total building coverage of the site is 8.7%. Access will be on one road from Waverly Road and will open into the parking areas of each cluster. with turnarounds and emergency access drives for police and fire vehicles. Parking will be provided in lb parking spaces for townhouses, 1b spaces for the one bedroom apartments. They have considered the traffic problem on Waverly Road and they have compared the traffic to the Village Green apartments, which is being operated successfully onto Chicker/-ug Road, which has more traffic than Waverly Road. Pavlo Engineering made a report in 1972. There is a problem at Rte. 114 and Waverly Road which exists independent of this development. They will make use of the town's water and sewer system. He showed the dr~age and utilities plan. The road will be privately built and maint_~ined. He explained how the water and sewer system would be connected to the town's systom~ on Waverly Road. He said the pls.u being presented offers a solution to the drainage problem. Member Atty. Frizelle asked Atty. Dolan if the Secretary of Stat~s Certificate of Incorporation was still in effect and also if their status under the Internal Revenue Service was still the same as had been presented in the enclosures attached to the application. Atty. Dolan said it was the s&me, that he did not have the latest copies with him. Atty. Frizelle asked if they had any specific codes that they wished to deviate from besides the ones asked for since their letter of application requests permission to deviate from any and all other local rules, regulations, etc. Atty. Dolan said they are uncertain about some of the rules and regulations. It is ~impossible to build this development in view of the existing zoning, and it would be necessary to seek relief from all of the provisions of the R-~ district. It would be uneconomic. Mr. Diamond said they are requesting the use of the BOCA Code and will build strictly in accordance with those controls. They want deviation from the Board of Public Works requirements of separate services and the vitrified clay pipe re- quirament. They are trying to make sure there are no other ones. Member Frizelle said it would be impossible to make a decision to issue a permit based on this strong request. Atty. Dolan said they are seeking the ones they have enumerated and of any others that could come up later that ~ould make the project uneeonomie. The Mousing Appeals Committee has ruled that a comprehensive permit is in a form of a feasibility study. Plans do not have to be detailed. If the permit is granted, the applicant must still work with the town officials. These are preliminary plans showing January lA, 197~- cont. basically what they intend to do. If the permit is granted, they they will continue the normal development process. Their requests are consistent with other cases. They don't want any rules or regulations to be raised at a later date to prohibit what is being presented tonight. Member Salemme asked if that particular paragraph could be deleted from the application - it covers a tremendous amount of territory. Atty. Dolan said it could not be because they would have no protection whatso- ever. They have to know if they can have relief from local rules and regulations. They are seeking permission to'proceed on a proposal, which they feel has been presented in detail as much as possible. They would not be opposed to discussing the re-worebing of it. They would need protection to prevent an interpretation -by a town official, either arbitrary or in good faith. However, they know of no other, deviations that are not specifically listed, Member Frizelle said he thinks it is unreasonable to ask. for such a broad, pro- tective,blanket of deviation. He does not think the statute is that broad. You are really asking for permission to deviate from everything. Atty. Dolan thinks they are following the intent of the statute as interpreted by the court and are asking the Board to act on that proposal. He said they had a bad experience in town previously as to interpretation and don't want to be put in that position ag~t~ - specifically, the Building Inspector's interpretation of the townhouse unit being capable of being sold with its own lot ..... There was a contrary opinion from Town Counsel. It is not their position to adjudicate legal derivations in the courts. Member Frizelle asked if these were the same plans that had been submitted to the Planning Board and the M~FA for site approval? Atty. Dolan said no and that plans are not necessary for site approval. He said they did not have to indicate any specific number of housing units - only the site was approved. Discussion was held as to the number of housing originally applied for to the Planning, Board (]46 units) and the 230 units they are presently applying for, and the MHFA requirements. Atty. Frizelle asked if the emergency access ways go across public or private property. Atty. Dolan and Mr. Diamont explained that it is shown to their lot line and then the nearest public way is shown. Member Dr. Beliveau as Atty. Dolan to expl-iu the equity of the development. Atty. Dolan said that the plan they are trying to work out would permit the accrual of equity. He can't be more specific because they are still working with the finance agency. The matter is complicated and they cannot state anything definite yet. It is their intention that the cooperative would provide an accrual of equity. Me said the down payment would be sm~11 (a few hundred dollars) and the mortgage would be for kO years. It is a workable thing. January 14, 197~ - cont. Member Beliveau asked if they have any projects completed and occupied that the Board could look at. Atty. Dolan said there is nothing under the Archdiocese program. That there is a similar project in Boston but with a number of differences. It is an operating cooperative, with townhouse design but there are 20 units per acre; with large units of ~, 5 & 6 bedrooms. He could tmke the Board through that development. Atty. Dolan gave his concluding statement which was a summary of everything he had previously presented, and which were also included in the letter of application. He stated the regional need fOr low and moderate income housing outweighs any objections to this proposal. North Andover is far short of meeting any statutory criteria.with respect to Iow and moderate income housing. Rev. James Keller, 127 Giencrest Drive, spoke in favor of the proposal. He said this is an opportunity for the town to be involved in helping to plan this. Nothing is being rammed do~n our throats - there is still opportunity to meet with officials for consultation. There is a need for iow and moderate income housing for the people of North Andover. Rev. David Hollenbeck, 666 Great Pond Road, Feels North Andover is not well balanced. The town can use more people of different walks of life - he supports this kind of housing. Chairman Serio read a letter from Rev. Kenneth Jones, St. Paul's Episcopal Church, which stated he was in favor of the proposal and that there is a need for this housing in town. Chairman Serio then proceeded to read the several letters and reports from various town officials, departments and boards; all of which are a matter of record and may be referred to in the Board of Appeals files. 1. Board of Selectmen - have no comment to make as a Board. Selectman Chairman Joseph Guthrie spoke and explained that they were not knowledgable as a Board on this matter in order to make a reco~waendation but that he would give his own personal co~,ents and not the feeling of the Board. There is no doubt that there is a need for housing for low and moderate income people. He is concerned that the petitioner wants to substitute his opinions and his judgments for those of the town of North Andover and of the officials of the town. He feels that the town's By-laws and regulations and good one and rules that everyone in town abides by. This petitioner wants to play under different ground rules. He said if the Board, the Building Inspector, or any town official feels it is necessary to take other action by going to court or getting counsel, he, as a Selectman, would support that request. 2. Board of Public Works: The plans are not complete enough 'to give an intelligent report. If the Board's requirements are not met, they will not be allowed to connect to the townts system. 3. Conservation Commission: A Notice of Intent must b~ filed for this develop- ment if a permit is issued. They cannot be exempted from this Commission's requirements since it is a State department. January 1~, 197~ - cont. &. Highway Surveyor: Disagrees with the drainage plans as shown. Would not consent to their tying in to the newly constructed & ft. culvert 1,000 feet to the north on WaverlyRd. The road has a 10% grade and intersects ~ith an already dangerOus road, there would be hazardous conditions especially during the winter months. 5. Planning Board: Arc~$n~anthat was before the Planning Board was not disapproved for soci°a~n~Cbut for the incompleteness, vagueness, and omissions on the plan. Me feel that our Zoning By-Laws are reasonable, equitable, and consistent with our local needs and conditions. ~r. Chepulis elaborated on the contents of the letter. He said there is a need for subsidized housing but we should know Just what is going in. The petitioner made a poor presentation of a project of such magnitude, scope and impact on the town. Disregard for town requirements could result in substandard housing. 6. 'Fire Chief Daw: Memo states only 3 hydrants shown- should be 5. Chief Daw stated that the fireprotection is totally inadequate for the number of dwelling units there. 7. Board of Health: Do not have enough data to make a recommendation at this t~me. 8. Police Chief Lawlor: Objects to the development - there is only one access way and there is an already dangerous intersection at WaverlyRd. & Rte. 9. Building Inspector: His letter stated that his interpretation of Chapter 77~ was ~hat requirements for traffic, drainage, access for safety and service vehicles, need not be waived by local authorities. Mr. Foster asked where they got the figures for the 0.3%land availability. He feels they should prove their figures. Member Frizelle also said the Board wo~ld like supporting data figures for the Board to analyze. John Truslow, Project Director on the staff of the Planning Office, did not have the information available with him. Atty. Dolan said they would be glad to sit down with the Board and explain how they derived the figures. Mr. Foster also pointed out that the State Sanitary Code requires two exits frOm the dwelling unit to ~he ground and noted that their plans show the second floor apartments with one stairway. He also asked if it was their intention to waive the building permit fee. Atty. Dolan said it is their intention to pay whatever the normal fee WOuld be. It is their interpretation of the law that the comp- rehensiVe permit takes the place of any other building permit certificate. It is not their intention to ask for any exemption frOm any normal fee to the town. Mr. Foster asked for clarification of th® income levels that would be eligible for this housing. Atty. Dolan said the range for the low income group would be frOm $~,800 for a single person to $?,750 for a family of 8. Moderate income would be $6,550 for a single person to $10,~50 for a family of 8. Exceptional limits would be $7,050 for a single person to$13,100 for a family of 7 or more. Mr. Foster asked who would administer the selection of the applicants; who would determine who is going to live there? January 14, 197~ - cont. Atty. Dolan expl~1~ed that it is not proposed to sell the units in~vidually; it will be developed as a cooperative. The maximum income eligibility limits are established by the state and federal government and will be administered by the Archdiocese Planning Office. The moderate income will be determined by the Archdiocese and approved by MHFA (Mass. Housing Finance Agency). The low income would be determined by the North Andover Housing Authority. Under the program proposed, if their income rises, they need not leave the unit but the subsidy decreases. SuBject to the open occupancy laws, it is intended for the occupants of this community - there can be no discrimination; however, it is possible to carry priorities. The residents of North ~ndover will be ex- tended a priority. They will work with any responsible local group, clergy, social workers, sub-committee of the Selectmen, etc., to insure that local residents are given a priority. Speaking in opposition were the following: Alfio ?omaselli, 315 Greene Street. Can't understand why the church Wants this housing when the land was given to them for a cemetery. Atty. Dolan said this is a non-profit venture. Mr. Tomaselli was concerned because the people pay taxes and the Archdiocese pays no taxes. Kay Hoar, 667 Waverly Road, asked if there was a law prohibiting the use of cemetery land for other purposes. She said this has been tax free for 80 years; will they pay taxes if the Archdiocese holds the mortgage? Atty. Dolan said upon the transfer of title at the initial closing of the mortgage, it will become taxable. Land owned by the Planning Office would be separate from the Arch- diocese. This property will be tax paying upon the close of the mortgaged land. James Beattie, 655 Waverly Road, mentioned the traffic problems in the area and stated that the traffic report submitted by the Archdiocese was not a good comparison with the traffic in this area. He also asked how the MHFA could loan money to a non-profit organization when the requirements state otherwise. Atty. Dolen said he is wrong, that money has been loaned to non-profit organi- zations. Mr. Beattie stated that MNFA also states that they do have to meet the require- ments of the local boards. Dem. Cannava, 19 Meadow Lane, stated he was opposed because the project would devaluate the surrounding properties. Mrs. Patricia Lyons, 193 Cotuit St., was concerned with the traffic problem, children waiting for the school bus, etc. Mrs. Hoar asked how was the Archdiocese going to get lights at the intersection of Waverly Rd. and Rte. llA? The town has been trying to get them for 20 years with no success. Mr. Diamond said they would help us getit. Mr. Beattie stated that the sewerage tie-in would not be adequate, as the Arch. had claimed. Re knows of several people present that are on that sewer line and human sewerage is backing up into their cellars. Board of Nealth and Board of Public Works have been notified of this. January lA, 1974 - cont. Michael Schema, 102 Hillside Rd., said the major point of this petition is being lost - the question is are we going to get this built with our approval or with state approval and not meeting any regulations. If the Bos_~d denies this, the State can take over and they won't have to meet any local regulations. Any uneconomic factors are considered and can be ruled in favor of the petitioner. James Barman, Court Street, is opposed and stated it is the Board's duty to protect the town of North Andover and hopes the Board will vote its conscience and consider whether or not you can believe the people that presented this thing. Mr. $chena asked the petitioner if they would be receptive in negotiating with the town to try and work together in alleviating some of the problems to make this project come under local control. Atty. Dolan said they have worked with the town for a long time without any re- suits. They expect to keep working with town officials and departments and are trying to prevent people from working a~gainst them. They are willing to work with the local boards if the permit is issued and will try to meet whatever concerns are expressed. They are not wi]14ug to waive the statutory time limit in which the board must make a decision. They are not opposed to working with the board in preserving local control. If the permit is granted, they would continue to work with the various boards. They are not willing to keep the matter unresolved. He resents any implication that this is substandard housing. MHFA requirements are high and there are some fine developments. Atty. Frizelle said that in the light of just receiving some of the letters from the various town departments toaight and because the Board' has not had a chance to evaluate them he would make a motion to continue this hearing until the next regularly scheduled meeting of this Board in order to give the Board a chance to review their comments. Mr. Salemme seconded the motion and the vote was umanimous. Chairman Serio announced that the hearing will be continued until the next regular meeting, which is the second Monday in February (Feb. llth). Atty. Dolan objected - he felt everyone that had anything to say had spoken and all evidence had been submitted. He said it is contrary to the statutory intent to continue to keep this hearing open. Atty. Frizelle said there are many questions that have been raised by various town departments and the Board would like to have an opportunity to read them over and cross examine. Atty. Dolan said the board is obligated to close the hearing if no further testimon~ is to be heard. Chairman Serio said the Board may request more testimony to be given at the next hearing. Motion was duly made, seconded and voted to ADJOURN~ The meeting adjourned at 10:30 P.M. (This meeting was taped.) (Frank Serio, J'r~