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Home My WebLink About2020-07-14 Zoning Board of Appeals Minutes approved Town of Worth Andover ZONING BOARD OF APPEALS Members l� dd��l Associate Members� ,I D.Raul Koch,Jr.,Esq.,Chairman °, �f Michael T.Lis Ellen P,McIntyre, Vice-Chairman Steven R. Seid'e Allan Cuscia Frank J.Killiiea Alexandria A.Jacobs, Esq, Zoning Enforcement Officer Ronn R.Faigen Raul G.Hutchins MEETING MINUTES Date of Meeting: 'Tuesday, July 14, 2020 Time of Meeting:. 7:30 PM Location of Meeting: Virtual Meeting Signature: Jennifer Battersby Town Clerk Date Stamp: 1. Call to Order called at 7W30 p m Members present: D. Paul Koch, Jr., Ellen P. McIntyre,Allan Cuscia, Alexandria A. Jacobs, Ronn R. Faigen, Steven R. Seide, Michael T. Lis and Frank J. Killilea Staff Present: Jennifer Battersby Gavel given to: D. Paul Koch, Jr. j Pledge of Allegiance 1 Chairman makes preliminary announcement that this is a meeting of public record, is being broadcast and recorded, and that anyone watching may email ZBA administrator with any questions, comments, or opinions. 2. Acceptance of Minutes Motion made by Allan Cuscia to approve the June 09, 2020 meeting minutes. Seconded by Rorm R. t Faigen. The vote to approve is unanimous 5-0. { 3. Withdrawal of Petition Without Prejudice for ZBA Petition Number 2020-04 30 Union Street Request for Withdrawal of Petition Without Prejudice of Kevin and ]Holly Breen for:property at 30 Union Street (Map 014, Lot 0036),North Andover, MA 01845 in the R-4 Zoning District. Motion made by Allan Cuscia to approve the withdrawal of Petition Number 2020-04 without prejudice. Seconded by Steven R. Seide. The vote to approve is unanimous 5-0. i 4. New Public Hearing of 505 .Sutton Street The petition of Sutton Street Redevelopment, LLC for property at 505 Sutton Street (Map 074.0, l Parcels 0023, 0024, 0025, 0054),North Andover, MA 01845 in the B-2 Zoning District. The Applicant is requesting Variances pursuant to Town of North Andover Zoning Bylaws, Section 195- 7.3(B) `wards (setbacks), Table 2 (Dimensional Requirements) for construction of 136 multifamily rental units in three buildings. Notices and agendas are to be Hosted 48 lionr•s in advance of a meeting excluding Saturdays,Sundays,and legal holidays. Please keep in mind tine "Torun Cler-k's hout•s of opea•ation paid make necessary arrangements to be sire that posting is made in an adequate amount of time. A listing of topics the Chahl i-einsonibly anticipates will be discussed at a meeting are to be listed on tine Agenda, Note: 1lratters InM be called out of ou•dea•acid riot as they appear-in the Agenda. Pagel of4 Town of North Andover ZONING BOARD OF APPEALS Allan Cuscia reads the Legal Notice into the record. Eric Loth Minco & Sutton Street Redevelopment, also present are Karen Pallestrino, Rob Schaefer, Architect, and Scott Cameron, Civil Engineer. Applicant went through Zoning Board last year and had to go before Planning Board due to an overlay district. Originally proposed to put the taller building to the rear of the property. The abutters preferred to have the taller building on the street side. The Zoning Board approved the variances last year with conditions but leaving the four story building to the rear of the lot closest to the neighbors and the three story building street side which was Minco's preferred layout. The Planning Board approved the height of the buildings opposite what Zoning approved. Applicant is now requesting that the Zoning Board approve the switch in building heights to match with what the Planning Board approved. All the variance requests have stayed the same, however, the height of building I and 3 are being switched and the shorter building will be next to the residential neighborhood and the taller building will be street side. Ms. McIntyre states that the ZBA had requested the shorter building be residential side and the taller building be street side and asks why Mr. Loth told ZBA last year that it could not be done. Mr. Loth answers that Applicant strongly preferred to have the shorter building along the street, feels as though it is a gateway into North Andover. Rob Schaefer Building is approximately 200-220 feet. Discussion continues regarding the dimensions of the three buildings and why building number 2 could not be the larger one. Scott Cameron Building 2 is connected to building 3 subsurface, There is one large garage that allows a lot of the parking to be underground. Gaining access into the garage in regards to topography presents challenges (elevations of the sewer on the street, to avoid a pump). The way the site is configured is driving the building layout. Mr. Cuscia concerned that if this is not approved, the developer will request a 40B. Discussion continues regarding senior center, process, and financials. Andrew Shapiro, Director, Community&Economic Developingnt speaks on behalf of the Town. The project went through an extensive process with Planning Board and Planning saw fit to approve the project. The Town feels comfortable with the project having been vetted publicly by the Planning Board and is hoping Zoning will make it a congruent process. The Town has not purchased the property for the senior center and is waiting for the project to be approved. The Town has contracted a general contractor and if this project is not approved, will have to pull out of said contract and rebid the senior center project. The Town would like to move forward as expeditiously as possible. Page 2 of Town of North Andover ZONING BOARD OF APPEALS Chairman agrees that the Planning Board had a robust public process and adds that the Zoning Board had a robust public process, as well, and vetted this application before the Planning Board. The change was made by the Planning Board after Zoning Board approved it. Eric Loth states that there is no difference in variances and that Applicant is just asking to affirm the building height change. Scott Cameron confirms there is no change in request for variances and is only requesting the height on buildings 1 and 3 be switched. Discussion continues regarding changes. ZBA does not have a modification process, therefore it was necessary for Applicant to re-file a new application. Mr. Faigen confirms this is not a zoning change. Chairman explains that plans that are attached to a decision are just as important as the granting of the relief. ZBA is not changing the zoning relief but is changing the conditions on which the relief was granted. Motion made by Allan Cuscia to close public comment. Seconded by Ronn R. Faigen. The vote to close public comment is 4-1. Alexandria A. Jacobs voted against closing the public comment. The Board Deliberates. Motion made by Allan Cuscia to approve the variances. Seconded by Ronn R. Faigen. The vote to approve is 4-1. Alexandria A. Jacobs voted against the approval. The following plans and exhibits were referenced: (1) Memorandum in Support of Variance Petition by Applicant dated June 11, 2020; (2) Multifamily Site Development Plans, 505 Sutton Street,North Andover, Massachusetts prepared by Morin-Cameron Group Inc., dated May 16, 2019 and revised August 13, 2019,August 29, 2019, September 03, 2019, September 10, 2019, November 15, 2019, and January 31, 2020, containing thirteen (13)pages (C.I - C.13); (3) Planting Plan, 505 Sutton St.,North Andover, MA prepared by Radner Design Associates, file., dated May 14, 2019 and revised July 25, 2019, August 20, 2019,November 15, 2019, and January 31, 2020, containing one (1) page (L 1.1); (4) Site Lighting Plan, 505 Sutton St.,North Andover, MA prepared by Radner Design Associates, Inc., dated May 14, 2019 and revised July 25, 2019, August 20, 2019,November 15, 2019, and January 31, 2020, containing one (1)page (L1.2); and (5) Exterior Elevations, Sutton Street Apartments, 505 Sutton Street, North Andover, MA prepared by R. A. Schaefer& D.M. White, Architects, dated October 1, 2019 and revised January 31, 2020, containing six (6) pages (PA.05, PA.06, PB.06, PB.07, PC.06, PC.07). Page 3 of 4 Town of Noah Andover ZONING BOARD OF APPEALS 5. Discussion and Vote reparding_New Variance Application roan Motion made by Allan Cuscia to continue until August 11, 2020. Seconded by Ronn R. Faigen. The vote to approve is unanimous 5-0. 6. MHournrnent inecting adjourned at 9:09 m Motion made by Allan Cuscia to adjourn the meeting, Seconded by Steven R. Seide. The vote to adjourn is unanimous 5-0. Page 4 of 4