HomeMy WebLinkAboutDecision for Variance - Recorded - Decision - 315 TURNPIKE STREET 1/3/2024 Doc: 129 ,519 01-03-2024 1 : 01
Ctf# : 3281
Town of North.Andover
ZONING BOARD OF APPEALS
rllcsandria A.Jacobs,Esq.,Chair Town Clerk Tune Stamp
Michael T.Lis,Vice-Chair J
Frank J.Killilea,Clerk = '
Ronn R,Faigen `
Stcven R.Seide `^
_3.trociate Members _
Laura Craig-Corn in = i 0 yr r''
'C
James M.Tcsta
s is cc;ti`;that twenty(20)days
Any appeal shall be filed within twenty Notice of Decision have elapse'i from date of decision
without filing of an peal
days after the date of filing of this notice Calendar Year 2023 Date Jl..� vt� >"
in the office of the Town Clerk pursuant Carla Da 'ne Warren
to Mass. Gen- L. ch. 40A, § 17 Town Clerk
APPLICANT: APPLICATION DATE:
Merrimack College(Owner)&Greystar September 13,2023
Development East,LLC(Developer)
PROPERTY: HEARING DATES:
315 Turnpike Street October 10,2023 and November 14, 2023
North Andover, MA 01845
Map 025.0, Parcel 0013 PETITION:
` .,.1-? r �. "I 2023-012
I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
Applicants, by application filed September 13, 2023,have requested a Variance pursuant to Town of
North Andover Zoning Bylaws, Section 195-7A Building Height, Attachment 3,Table 2: Summary of
Dimensional Requirements for building height in the R-3 Zoning District.
Specifically, Applicants have requested a building height for Building No. 1 needing a relief variance of
12.1 ft. in height(building height proposed is 47.1, building height required per Table.2 is 35 ft.); and a
building height for Building No. 2 needing a relief variance of 11.9 ft in height(building height proposed
is 46.9 ft., building height required per Table 2 is 35 ft.) for the purpose of allowing the construction of
two buildings to be used as academic space and residential dormitories on an undeveloped portion of the
Property.
The Application requires a hearing before the North Andover Zoning Board of Appeals ("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 the Assessor's Office of the
Town.of Andover and were published in The Eagle-Tribune, a newspaper of general circulation in the
Town of North Andover,on September 25, 2023 and October 2,2023.
Due to a clerical error by the Town of Andover's certified abutter list process,the mailing information for
a portion of the Town of Andover abutters was not included in the original notice of the project. Th,- lEgal
notice was subsequently mailed out to the missing abutters from Andover on October 28,2023 via
certified mail,return receipt requested. '
o _ s
The Board held public hearings at North Andover Senior Center at 481 Sutton Street,North Arndover, R
MA on Tuesday, October 10, 2023 at 7:30 p.m. and at North Andover Town Hall, 120 Main StYcet,North
Andover,MA on Tuesday,November 14, 2023 at 7:30 p,m. with respect to the Property, whioh is located
in the R-3 Zoning District,
M. PAUL IANNUCCILLO, REGISTER
PETITION 2023-012 ESSEX NOLYW k2biSTRY OF DEEDS
E-RECORDED
Doc: 129 ,519 01-03-2024 1 : 01 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The hearings:
following plans and exhibits were submitted with the Application or at the public h 1 n
(1) Certified Plot Plan prepared by Comer Development dated August 17,2023, containing one(1)
page;
(2) Addendum to Petition for Variance booklet prepared by Johnson &Borenstein,undated,
containing six(6)pages and Exhibits A-F;
(3) Comer Development Project at Merrimack College PowerPoint Presentation Package dated
October 10,2023,containing nineteen(19)pages; and 0
(4) Comer Development Project at Merrimack College PowerPoint Presentation Package dated
November 14,2023, containing thirty(30)pages,
The Property is located at 315 Turnpike Street,North Andover,MA 01845 in the R-3 Zoning District.
The Property is non-conforming due to the proposed building height.
11. FINDINGS/DISCUSSION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at the
hearings. The Board also notes that among the most significant issues that arose at the hearings is the
standard of review for reasonableness as it applies to educational purposes pursuant to M.G.L,0.40A,
Section 3 (the "Dover Amendment").
Where Applicant has requested a variance under M.G.L.c.40A, Section 3 (the"Dover Amendment")the
standard of review in determinino,whether to grant a variance for a Dover use is not hardship,but rather
reasonableness.
Therefore, the Board finds that Applicants have satisfied the provisions to allow the requested variances
in order to allow the construction of two buildings to be used as academic space and residential
dormitories on an undeveloped portion of the Property pursuant to the Town of North Andover Zoning
Bylaws Section 195-74 Building Height Attachment 3, Table 2: Summary of Dimensional Requirements
in the R-3 Zoning District in accordance with the plans, other materials, and testimony at the public
hearings.
1JJ- MOTION,VOTE,AND DECISION
On November 14, 2023,the Board voted to close the public hearing.
A motion was made by Frank J. Ulilea and seconded by Steven R. Seide to grant the variances requested
under Section 195-7.4 Building Height,Attachment 3,Table 2: Summary of Dimensional Requirements
in the R-3 Zoning of the Zoning Bylaws. Specifically,Applicants have requested a building height for
Building a relief variance of 12.1 ft. in height(building height proposed is 47.1,building
.,No. I needino,1'
height required per Table 2 is 35 ft.); and a building height for Building No.2 needing a relief variance of
11.9 ft in height(building height proposed is 46.9 ft.,building height required per Table 2 is 35 ft.)to
allow the construction of two buildings to be used as academic space and residential dormitories on an
undeveloped portion of the Property in accordance with the following plans and other materials submitted
with the Application or at the public hearings:
(1) Certified Plot Plan prepared by Comer Development dated August 17,2023, containing one.(1)
page;
(2) Addendum to Petition for Variance booklet prepared by Johnson&Borenstein, undated,
pages containing six(6)
C� ges and Exhibits A-F;
PETITION 2023-012 Page 2 of 3
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Town of North Andover
ZONING BOARD OF APPEALS
(3) Comer Development Project at Merrimack College PowerPoint Presentation Package dated
October 10,2023,containing nineteen(19)pages; and
(4) Comer Development Project at Merrimack College PowerPoint Presentation Package dated
November 14,2023,containing thirty(30)pages.
The voting members in favor of the variances: Michael T. Lis,Frank J. Killilea,Ronn R. Faigen,and
Steven R. Scide
The voting member against the variances: Alexandria A.Jacobs,Esq.
The non-voting members present, Laura Craig-Comin and James M.Testa
The Chair declared the Boards vote to be 4-1 to GRANT THE VARTANC�s.
//'
f
n over Z Ing Board of Appeals
A�I�exandt A. L rots,Esq., Chair
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk
Ronn R. Faigen
Steven R. Seide
Laura Craig-Comin
James M. Testa
JDecision 2023-012
NX1,40.4(w v�w-3 15 runoikc 54
Notes:
1. A decision granting a variance or a special permit shall not be in effect until a certified copy of
the decision is r-ecorded 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, (a)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 Mass. Gen. L.ch.40A, § 10, and(b)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 pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-
10.7.
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