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Home My WebLink AboutRecorded Decision 505 Sutton Street - Decision - 505 SUTTON STREET 4/30/2021 i tl Town of North Andover ''E C=,N lE D ZONING BOARD OF"PEALS D.Patti Koch)r.,Esq•,C"17,,v Iaim�Ckrlc'It;naSt27 01H 7: 2 f E Men F.McIntyre,Vief.ch tmrau Allan Curcla,CknE Alexandria A.jacobs,Etq. AnodaleUmbiIr Th1e f0 to o,x N"twonty(20)days h ichsel T.Us ha"Glapaed from data of deddot! Steven M$ewe tvktlOtd fulny a a pal' r b Frank).Killllea TRZ L. Tom!clerk Any appeal shall be filed within twenty Notice of Decision days after the date of filing of this notice Calendar Year 2020 in the office of the Town Clerk pursuant to 1vi.01.c.40A,§ 17 i APPLICANT, APPLICA170N DATE: Sutton Street Redevelopment,LLC June 12,2020 PROPBRTY: 14BAPMG DATE: 505 Sutton Street July 14,2020 North Andover,MA 01845 Map 074.0,parcel 23,24,25,and 54 PETITION: i 2020-05 L PR CED R ANDSTAXORK10FLACTS Applicant,by application fled June 12,2020("Application"),requested variances pursuant to Town of North Andover Zoning Bylaws("Zoning Bylaws")Section 195-7.3(B)and Section 195-7.6 in order to construct threw(3)multi-family residential structures containing one hundred thirty-six(136)residential units,associated parking,and other amenities at the Prop arty. Upon application made by Applicant filed June 13,2019,hearings before the North Andover Zoning Board of Appeals("Board")on July 9,2019, August 13,2019,and September 10,2019,and Notice ofbeclsion 2019-08 filed on September 24,2019 ("201,9 Proceedings"),the Board granted variances identical to the variances requested by this Application;however,during subsequent permitting processes on this project,the North Andover Planning Board issued three(3)Notices of Decision,and its Notice ojDecfsion filed February 26,2020 for the Petition of Sutton Street Redevelopment,.L.LC at 505 Sutton Street,North Andover,MA, 01845 (Map 74,,Lots 23,54)required Applicant to change the height of the buildings within this project by increasing the height of the northern building at the front of the Property(Building 1--along Sutton Street)to four(4)stories(from three(3)stories)and reducing the height of the southern building at the rear of the Property(Building 3)to three(3)stories(from four(4)stories). No change was made to the height of the eastern building(Building 2--China Blossom side), Although Applicant is not seeking any additional relief or different relief from the relief granted in the 2019 Proceedings,the Planning Board's changes to the site plan regarding building heights'require Applicant to return to the Board to request that the variances be applicable to the new site plan because the Board does not have the authority to modify a decision that it has filed. The variances previously granted by the Board In the 2019 Proceedings and again requested by Applicant for the above-described revised site plan are: A Variance from Section 195-7.3 Yards(setbacks),Table 2(Dimensional Requirements)of the Zoning Bylaws, for one side setback in the B-2 Zoning District to construct 136 multifamily rental units. Side setback proposed is 20 feet,the required aide setback is 25 feet,the relief variance needed is 5 feet(China Blossom Side); ATTM � V Af ik'aeop Cy MUM 2024 p5 Pqc 1 of4 �.:;,, `, TOM MA Town of Not:th Andover ZONING BOARD OF APPEALS A Variance from Section 195-7.3 Yards(setbacks),Table 2 (Dimensional Requirements)of the Zoning Bylaws, for one side setback in the B-2 Zoning Districf to construct 136 multifamily rental units. Side setback proposed is 0 feet, the required side setback is 25 feet, the relief variance needed is 25 feet (Senior Center Side);and A Variance from Section 195-7.6 Floor Area Ratio,Table 2 (Dimensional Requirements)of the Zoning Bylaws,to Increase FAR in the B-2 Zoning District to construct 136 multifamily rental units. Floor Area Ratio proposed is 1.2,the maximum FAR is 0.75,the relief variance needed is 0.45. The Application requires a hearing before the Board,and due notice of the hearing was given by mailing and publication. Legal notices were sent to all certified abutters provided by the Assessor's Office of the Town of North Andover and were published in The Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 29,2020 and July 06,2020. Due to the COVID-19 pandemic and as authorized by Executive Orders of Governor Charles D.Baker, specifically including but not limited to(i)Order Suspending Certain Provisions of the Open Meeting Law,G.L.,Chapter 30A,Section 20 dated March 12,2020 and(ii)COVID-19 Order No.44,Second Revised Order Regulating Gatherings throughout the Commonwealth dated July 2,2020,the Board held a public hearing remotely via conference call on Tuesday,July 14,2020 at 7:30 PM with respect to the Property which is located In the B-2 Zoning District. The following plans and exhibits were submitted with the Application.or at the public hearing; (1) Memorandum in Support of Variance Petition by Applicant dated June 11,2020; (2) Multifamily Site Development flans,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.1-C.13); (3) Planting flan,505 Sutton St.,North Andover,MA prepared by Radnor 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(LI.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,P13.07,PC.06,PC.07). X )rINDINGS/DISCUSSION/CONDITIEONS The Board has made careful study of the materials submitted and the Information presented at the hearing and has taken into consideration that it previously reviewed the materials,held three(3)public hearings, heard Applicant's testimony,heard public comment,and granted the same variances during the 2019 Proceedings. The Board has considered the materials presented showing the L-shape of the Property,the site plan demonstrating that the residential complex will share access with the adjacent North Andover Senior Center project which creates site constraints,the steep topography of the west side of the Property which abuts the China Blossom restaurant,and the high water table. The Board also considered that this pro Jeot will provide much needed smaller-scale housing as there Is a dearth of studio,one-bedroom,and two- bedroom units in North Andover. PETITION 2020.05 Page 2 of4 1 i Town of North Andover ZONING BOARD OF APPEALS The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of the Zoning Bylaws will involve substantial hardship, financial or otherwise,to Applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaws. i Therefore,the Board finds that Applicant has satisfied the provisions of the Zoning Bylaws to allow the j requested variances in order to construct one hundred thirty-six(136)multifamily rental units in three(3) buildings pursuant to the Town of North Andover Zoning Bylaws Section 195-7.3(B)Yards(setbacks), Table 2(Dimensional Requirements)and Section 195-7.6 Floor Area Ratio,Table 2(Dimensional Requirements)in the B-2 Zoning District in accordance with the plans,other materials,and testimony at the public hearing. M. MOTION.VOTE.AND DECISION ' On July 14,2020,the Board voted to close the public hearing. A motion was made by Allan Cuscia and seconded by Ronn R.Faigen to grant the following variances; A'V'ariance from Section 195-7.3 Yards(setbacks),Table 2 (Dimensional Requirements)of the Zoning � Bylaws,for one side setback in the B-2 Zoning District to construct 136 multifamily rental units. Side setback proposed is 20 feet,the required side setback is 25 feet,the relief variance needed is 5 feet(China Blossom Side); A Variance from Section 195-7.3 Yards(setbacks), Table 2(Dimensional Requirements) of the Zoning Bylaws, for one side setback in the B-2 Zoning District to construct 136 multifamily rental units. Side setback proposed is 0 feet, the required side setback is 25 feet, the relief variance needed is 25 feet (Senior Center Side);and i A Variance from Section 195-7.6 Floor Area Ratio,Table 2(Dimensional Requirements)of the Zoning Bylaws,to increase FAR in the B-2 Zoning District to construct 136 multifamily rental units. Floor Area Ratio proposed is 1.2,the maximum FAR is 0.75,the relief variance needed is 0.45; to allow the construction of one hundred thirty-six(136)multifamily rental units in three(3)buildings, parking,and other amenities in accordance with the following plans and other materials: (1) Memorandum in Support of Variance Petition by Applicant dated June 11,2020,containing ten (10)pages; (2)Multifamily Site Development Plans,505 Sutton St.,North Andover,prepared by Morin-Catneron 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) Exterior Elevations,505 Sutton St.,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); (4) Site Lighting Plan prepared by'Radner Design Associates,Inc.,dated May 14,2019 and revised July 25,2019,August 20,2019,and November I5,2019,containing one(1)page(L1.2);and (5) Planting Plan prepared by Radnor Design Associates,Inc.,dated May 14,2019 and revised July 25,2019,August 20,2019,and November I5,2019,containing one(1)page(LIA). PETITION 2020.05 Page 8 of 4 i E Town of North Andover ZONING BOARD OF APPEALS The voting members in favor of the variances: D.Paul Koch,Jr.,Esq.,Ellen P.McIntyre, Allan Cuscia,and Ronn R.Fatgen The voting members against the variances: Alexandria A.Jacobs,Esq, The non voting members present- Michael T.Lis,Steven R.Seide,and Prank J.Killilea The Chairman declared the Board's vote to be 4-1 to G -THE'V'ARL4N•CES, 1 North Ln o r oning]Board of Appeals D.PaulWdph r., q.,Chairman Ellen P.M Intyre,Vice Chair Allan Cuscia,C1er Alexandria A.Jacobs,Esq. Ronn R:Faigen Michael T.Lis Steven R.Seide Frank J.Killilea Decision 2020-05 w� u�e_nnaaemwamW.UpOdua Notes: 1, A decision granting a variance or a special permit shall not be in effect until a certified copy of the decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's expense. Further provided that if the Property is registered land then a certified copy of the decision shall also be filed with the Land Court, 2. A decision granting a variance or special permit as requested by Applicant does:not necessarily ensure the granting of a building permit because Applicant must abide by all applicable local,state, and federal building codes and regulations prior to the issuance of a building permit as required by the Inspector of Buildings. 3. Generally,if the rights authorized by a decision granting a variance are not exercised within one(1) year of the date of the grant then such rights shall lapse and may be re-established after notice and a new hearing pursuant to the provisions of M.G.L.c.40A,§ 10,and the rights authorized by a decision granting a special permit shall be deemed to have lapsed after a two(2)year period from the date of the grant unless substantial use or construction has commenced, THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK END OP I)OCUMENT PETITION 2020.05 Page 4 of 4