HomeMy WebLinkAboutVariance Application - Application - 315 TURNPIKE STREET 9/13/2023 TOWN OF'NORTH ANDOVER VARIANCE`'
ZONING BOARD OF APPEALS 13 j
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NAME: Merrimack College (owner)&Gre star Development East, LLC(Developer Jr="TT
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ADDRESS OF APPEAL:315 Turn lke Street(Map 25, Lot 13
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty OJO days prior to the first public hearing, for a hearing date and prepares the legal notice for mailing to
Failure to submit the required information within the time (lie parties in interest(abutters)and for publication in the
periods prescribed may result in a dismissal by the Zoning newspaper. The petitioner is notified that the legal notice has
Board of an Application as incomplete, been prepared and the cost of the Party in Interest fee,
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and STEP 7: DELIVERY OF LEGAL NOTICE TO
Regulations and is not meant to supersede them. The NEWSPAPER:
petitioner will complete items that are underlined. The petitioner picks up the legal notice from the Office of the
Zoning Board of Appeals and delivers the legal notice to the
STEP 1: ADMINISTRATOR PERMIT DENIAL: local newspaper for publication.
The petitioner applies for a Building Permit and receives a
Zoning Bylaw Denial form completed by the Building STEP 8: PUBLIC HE, BEFORE THE ZONING
Commissioner. BOARD OF APPEALS:
The petitioner should appear on his/her behalf,or be
STEP 2: VARIANCE APPLICATION FORM- represented by an agent or attorney. In the absence of any
Petitioner completes an application form to petition the Board appearance without due cause on behalf of the petition,the
of Appeals for a Variance, All information shall be completed. Board shall decide on the matter by using the information it has
received to date.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as cited STEP 9:DECI8ION:
in page 2,section 9 of this form. After the hearing and decision,a copy of the Board's decision
will be filed in the Office of the Town Clerk and sent to the
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: petitioner and all Parties in Interest.Any appeal of the Board's
The Petitioner requests the Assessor's Office to compile a decision may be made pursuant to Massachusetts General Law
certified list of Parties in interest(abutters). chA0A, § 17,within twenty(20)days after the decision is filed
with the Town Clerk,
STEP 5: SUBMIT APPLICATION:
Petitioner submits one(1)original and eleven(l 1)copies of all STEP 10: RECORDING THE DECISION AND THE
required information to the Town Clerk's Office to be certified PLANS.
by the Town Clerk with the time and date of filing, The The petitioner is responsible for recording certification of the
original shall be submitted to the Town Clerk's Office,and the decision,and any accompanying plans at the Essex County,
1 l copies will be submitted to the zoning Board of Appeals North Registry of Deeft.1 Union Street, Lawrence MA 01840
secretary. and shall complete the Certification of Recording form and
forward it to the Zoning Board of Appeals and to the Building
STEP 6: SCHEDULING OF HEARING AND Department.
PREPARATION OF LEGAL NOTICE:
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IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev.&Services 978-688.9503 Town Clerk's Office
North Andover Town Hall 978-688-9566 Assessor's Office
120 Main Street
North Andover,MA 01845
978-688-9542 Fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
i
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Merrimack College(Owner)&Greystar Development East, LLC(Developer)'
i
IN111 }RTANT: AI'PLIC_'ANTS l-H)ST C Oi1•IPLETE, ALL ITf.klS ON Till's F012i4t
PETITIONER INFORMATION
NAME: Merrimack College(Owner)&Greystar Development East,LLC(Developer)clo Johnson&Borenstein, LLC
ADDRESS. 12 Chestnut Street,Andover, MA 01810
PHONE: 978.475-4488 EMAIL; mark@jbllclaw,com
If the petitioner and/orproperty owner 1s a company,corporation or other erttliy,a list of the rrorrres and addresses of the
principals,officers anrbor managers must he attacirerl to this form,
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 315 Turnpike Street
ZONING DISTRICT: Residence 3 ASSESSORS PROPERTY MAP NO.:25 ,
LOT NO.: 13
OWNER OF RECORD: Merrimack College flkla The Augustinian College of the Merrimack Valley
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: NIA PAGE NIA OR CERTIFICATE NO.:3281
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner,abutter,etc.):
Owner& Developer
CURRENT USE: The Property is used as a school, the Project Site Is predominately lawn.
PROPOSED USE: The proposed use is as a school: academic space and residential dormitories.
PREVIOUS VARIANCE GRANTED; YES NOX DECISION NOJDATE:NIA
OTHER REGULATORY REVIEW: YES x NO IF YES,DESCRIBE STATUS:
Petitioners have filed contemporaneously herewith a request for a finding under Section 195-7.4(Building Height)of
the-Nort rAndover-2:onfng-Bylaand Sectio i i 195,Attach n ent 3—'1 abie��ummary-of-Dimenssvrrat-itegnirements- —
(Building Height). Said finding request Is Intended to operate as an appeal of the Building Commissioner's
denial dated August 30,2023,and enclosed herewith,such appeal brought under Section 195-40.8(B).
EXISTING CONDITIONS DESCRIPTION;
The approximately 57-acre Property€S1tIl ved by nurnernriS StruchlreS comprising a school; the Proirrt
Site comprises roughly 4-acres of the Property and Is predominately lawn with an existing one-way
-campus slte--drive and-associated-head-inpai khgspaces.
Page 2of7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Merrimack College.(Ow.her)&Greyste.r Development East, LLC.(Developer)
PROPOSAL DESCRIPTION
1, Briefly describe all proposed changes to the structure(s)and/or use(s):
Merrimack College.(theproperly.pwraer).ad G[eystar l7eveloprtterl_last. I.L,C(deve-taper)propose..t-o,conslr-tictlwo.foar_-:story__...
structures at the Project Site on the Property.The first floor of each structure Is proposed as mixed residential/academic space,
•comprising approximately21;291-square-feet In Building=1-and 15;016 square-feet-in Building 2;The upper floors of-each-- - -
structure are proposed as residential dormitories,with Building 1's upper floors comprising approximately 58,362 square feet
and 366-stUderlt'bads and with-Bulldlrig-2`5 upper floors'co prising apptoxirYiately 46,-464 sc tta�e feet aril 174 student beds,
Building 1 is.proposed to be situated along Turnpike Street,_while Building2 is proposed to be situated along Andover Street.
The use of the Property will not change from its current school use.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
195,A._ttachment3. Table..2:..Summar_y_of-DimensionalRequirements(Building_Height);_195.-Z4_Building•.Height.__... .._.._.___.__.
195-10.8(A)Variances; 195-10.8(B)Building Inspector Appeal
3. State the specific relief being sought front the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
.Petitioners seek a-determination.from.the S.oard.of Appeals-under-Mass. Gon._Laws.eh._40A,Section.3_(i.e.,.the...
"Dover Amendment")that no variance is required for the proposed project. Instead, the Board need only issue a
'finding ofTeasonableness-as-ta-the proposed heights-of Building-1 and-Bailding2.As such; Petitioners hereby -
,reggg; t,_pursuant to Section,195-10.8(B)of_the„North Andover Zoning,Bylaw,_that the Board.of Appeals issue such a ,
finding of reasonableness and thereby overturn the Building Commissioner's denial dated August 30, 2023. Petitioners
submit-this Application-and-the separate Finding-Application as a-"Notice of Appeal"-under-Section 195-10;8(B), -
Inthe alternative, Petitioners respectfully request file Board of Appeals issue tfi folfowing variances - ------
- for the Property,
4oncerning-Sections,l95;Attachment 3—Table.2:.Summary-of.Dimensional.Requirements.(Building•Height)and - -
195-7.4 Building Height of the North Andover Zoning Bylaw, and pursuant to Section 195-10.8(A)of the north Andover
Zoning-Bylaw and"the Feasonableiiess"standard of Mass:Gen:Laws dh'-- 10A;Sedt1dh-3-(i,e.,-tile"Dover-_--_
Amendment"):_1).Building..I.height of.,approximately 47,V,.where_the.Zoning.l3ylaw has.a_maxim um.height.
requirement of 35';and 2) Building 2 height of approximately 46.9%where the Zoning Bylaw has a maximum height
,requirement of 35'.Please-see-attached Addendum to Petition.....
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
.Please see-attached Addend um,to Petition
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Merrimack College(Owner)&Greystar Development East, L.L.0(Developer)
SUPPORTING STATEMENT
r..W11 FOR r 1:.S`/Al;I.LS•lrlil):I:\'!)SVT F•'011I'lr IN '01111' i77i I)ri r.€r/, rf Y
7'llri.4PPLI('.J;\''I'1;\',fC'COItrJ.t.1'iYi r['rTH G.L. C 40.4,§111.
1. Describe the special circumstances related to soil conditions, the shape or the topography of the land or
structure that are unique to the parcel:
.Please see attached Addendum-to Petition:
2. Specify how the circumstances do not generally affect other properties in the zoning district:
-Please,see-attached Addendum to Petition;
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
,Please-see attached Addendum to-Petition.,
4. Explain how the proposed variance is the ►ulnlnnurn change that is necessary to allow the reasonable use
of the land or structure:
.Please see attached Addendum to Petition, _
S. Explain why granting the proposed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
Page 4 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Merrimack College(Owner)&Greystar Development East, LLC(Developer)
Please see attached.Addendum,to Petition: _.. _
G. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
-Please see-attached-Addendum to-Petition;
7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq,Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
%
BE9I0
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq. Ft, Covera e Feet Spaces Front Side A Side B Rear
2,480,742 NIA NIA % >125' 1 ,881 NIA NIA NIA NIA
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feet S aces Front Side A Side B hear
2,480,742 NIA N/A % >125' 1 ,881 >30' >20' >20' >30'
7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq,Ft. Coverage Feet Spaces Front Side A Side B Rear
25,000 NIA NIA 125' N/A 30' 20' 20' ]30'
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Mle;ti7rtlaGfc Coliege;(avrner)`$�C�r !s1ar,[ ellelopment�ast,=L kC'(DeveloPer�
SA,.Existing Building(s):
Ground Floor Sq. Number of Total Sq. .Number
Vt. Moors Height Ft, Use of Building* of Units*
N/A
NIA
*Reforonm Usos firm Uto Zoning Bylaw d.Tnblo 1.
'*Stato number of units in building(s).
SB.Proposed Building(s):
Ground Floor Sq. Number of Total Sq, Number
Ft. Floors Height Ft. Use ofl3ui[din * of Units*
—21,291 4 —47.1' —79,653 Educatlonal Use-Dover Amendment 188
—15,018 4 —46.9' —611482 EducaVonat Use-Dover Amendment 48
+[teferences Uses fiom the Zoaing Bylaw&TAW 1.
•*Stato number of units in building(s).
PROPERTY OWNER CONSENT,CERTIFICATION&SIGNATURE
(Signatures ofPetitioner(s)are required)
I am(we are.)the owners)of the property subject to this variance petition and I(we)consent and certify as
follows:
1. I(we)grant permission for officials and employees of the Town of North Andover to access my property
for the purposes of this petition;
2. I(we)certify that I(we)have read the Board's Rules and Procedures before submittal to ensure the
completeness of my(our)petition;
3. I (we)certify that all the statements within this application and attachments are true and accurate to the
best of any(our),knowledge and belief,
X l z3 TeX r
titionor Signature) ((Date)
9/13/23 Jeffrey Doggett
X JafBu,3:Mt[5zn 1].:U2]irJ:7G LPl! .
(Petitioner Signature) (Date)
If Applicable,
Name of Attorney/Agent for Applicant:Mark B.Johnson, Esq.
Address of Attorney/A.gent:12 Chestnut Street,Andover,MA i
Phone Number of Attorney/Agent:978-475-4488
email Address of Attorney/Agent: mark@)bllclaw.coln
Page 6 of 7
NORTH ANDOVER ZONING 60ARD OF APPEALS petition for a VARIANCE '
Merrimack College(Owner)&Greystar Development East, LLC(Peveloper)
9. PLAN OF LAND 6. Names addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or
be accompanied by the following described plan. record,and land surveyor.
Plans must be submitted with this application to the T Locus
Town Clerk's Office and the ZBA secretary at least
thirty(30)days prior to(lie public hearing before the 9. D. Minor Project
Zoning Board of Appeals. Minor projects,such as decks,sheds,and
garages,shall require only the plan information
A set of building elevation plans by a Registered as indicated with an asterisk(*). In some cases
Architect may be required when the application further information may be required.
involves new construction/conversion/and/or a
proposed change in use. 10. APPLICATION PILING FEES
10.A. Notification fees:Applicant shall provide
9.A. Major Projects a check or money order to:"Town of North
Major Projects are those, which involve one of the Andover"for the cost of first class,certified,
following whether existing or proposed: return receipt x ll of all parties in interest
1). Five(5)or more parking spaces, identified in M.G.L ch.40A§I 1 on abutters list
ll). Three(3)or more dwelling units, for the legal notice clieck. Also,the applicant
111).2,000 square feet of building area. shall supply first class postage stamps for each
Major Projects shall require,that in addition to the 9B address listed on the abutter's list,plus an
&9C feature,that the plans show detailed utilities, additional two(2)for the decision mailing.
soils,and topographic information. 10. B. Mailing labels: Applicant shall provide
*9. B. Plan Specifications: four 94)sets of mailing labels no larger than
1). Size of plan: Teri(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed i 1"x17", one(1)copy for the Decision mailing).
preferred scale of 1"=40'
fl). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or
certified by a Registered Professional money order to:"Town of North Andover"per
Land Surveyor. Please note that plans the 2005 Revised Fee Schedule,
by a Registered Professional Engineer,
Registered Architect,and/or a I► A Variance once granted by the ZBA will
Registered Landscape Architect may lapse in one(1)year if not exercised and a new
be required for Major Projects. petition must be submitted
*9.C. *Required Features On Plan,
1). Site Orientation shall include:
1. North point
2. Zoning district(s)
3. Names of streets
4. Wetlands(inapplicable)
5. Abutters of property,within 300'
radius
6. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,easements,
11). Legend& Graphic Aids shall
include:
1. Proposed features in solid lines&
outlined in red
2. Existing features to be removed in
dashed lilies
3. Graphic scales
4. Date of Plan
S. Title of Plan
Page 7 of 7