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HomeMy WebLinkAboutZahoruiko Ltr to BOA re Endorsement Plans 2003.10.8 - Correspondence - 0000 Meetinghouse Road 10/8/2003 i 1_ r MEETINGHOUSE COMMONS LLC 185 Hickory Hill Road North Andover,MA 01845 978-687-2635 fax 978-689-2310 October 8, 2003 Mr. Robert Nicetta, Zoning Officer, and Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA- 01845 RE: Endorsement Plans for Meetinghouse Commons at Smolak Farm Dear Mr.Nicetta and Zoning Board of Appeals: Per our discussion last Friday, October Yd, attached.is the mylar endorsement set of plans for Meetinghouse Commons. As we discussed,I am hoping that these plans can be endorsed at the October 14, 2003 ZBA meeting, so that we can commence work shortly. Please contact me with any questions or concerns, or if I can help in any way in expediting this endorsement. Thank you for your timely response and attention to this matter. Sincerely, as D. Zahoruiko,Manager eetinghouse Commons LLC OCT ' f 2003 '1 BOARD Or APPEALS Ul.I . G,Gq�73 .7•cr rl'I V!'lo 3 Ev,auu i .c. Transportation Land Development Envir©nmenta! Services a rma'ainatson I innovation I enemy creertng reauEcs for ourdicnts and bocA4 4or our tw%mi iitieo October 2,2003 ' Ref: 06716.49 Mx.Robert Nitetta Building Commissioner/Zoning Officer Community Development&Services Town of North Andover 27 Charles Street NorFf►Andaver,MA 01845 Re: C-Omprxehansive Permit Application Review for Meefing House Corrimom North Andover,NfA Dear Bob, Varmse 1-3=190n Brustlirt,Inc.(VHB)has received a final set of plans prepared by MHF Design Consullanls,TAc,(dated November 12,2002)for th above referenced project. As you are aware,VM issued a letter dated May 9,2002 stating that no additional engineering i review was required at that time. You have requested that VH$provide a final review of the design prams. VHS also received additional correspondence from the applicant. This eerretpndence appears to have addressed comments made by the North Andover Department of Public Works after VHB's May 9'''letter. VkM leas reviewed the plans,our previous engineering reviews and the applicant's ,responses. The applicant appears to have adequately addressed all of'V'HB's comments. There do not appear to be any siglifieant changes to the plans thaf require additional engineering review at this time. If you have any questions or ca ncerns,please call me at your*Onvenience, Very truly yours, VANASSE HANGEN BRUS LIN,JINC, Timothy B.McIntosh,F.E. Project Manager—Highway&Municipal Br%Aneering 101 Walnut Street Post QffiGe Box 9151 MterkmTm MnssCCttusetu 02471-9151 \\Maw�tr\h�44TiW\�onVerk \rn 1ALI�LRNSO47 dns 617,924.7770 s FAX 617.924.2286 F H IV"'Lcb E l t r► ram,y n ��. �,r��.gw� [Oct.9,20011 Zoning Board of Appeals 27 Charles Street North Andover,MA PUBLIC HEARING: Meetinghouse Commons, South Bradford Street Ray read the legal notice to open the Public Hearing.The applicant requested a continuance until the October 16,2001 meeting. Upon a motion by Ray Vivenzio,seconded by John Pallone,the Board voted unanimously to continue the public Hearing until the October 16,2001 meeting. Voting in favor; WJS/WFS/JP/RV/RF/GE/EM Zoning Hoard of Appeals Pagel of 5 Minutes of the Meeting October 16,2001—Senior Center,120 R Main Street,North Andover,Massachusetts 01845 Meetinghouse Commons at Smolak Farm,South Bradford Street—The hearing was opened at the October 9,2001 meeting with the reading of the legal notice and the request that the hearing be continued to this meeting. Thomas D.Zahoruiko,manager,introduced himself and the project,and began presenting evidence for the petition. The proposed site as farmland is no longer economically viable. The ABA(7) state buys land. Most aspects of the farm have been preserved,including the acreage. The farm now totals 157 acres; l 1 I acres would remain as farmland,leaving 30 acres behind the Christmas tree field available to the project. Residential development would be the most feasible usage of the land. Goals for development are; preserve the Smolak farm,preserve the values of town and farm,provide a development that the Smolaks and Zahorulkos will enjoy as neighbors,provide badly needed housing options to older residents. The 40B part of the application requires 25%of the proposed units must be affordable.10% low/moderate;80%of$64,000. The property is not near a lake the lake. They will have provided a traffic study. There have been revisions on the submitted plans,such as the proposed connection to Coventry. North Andover Fire and Police Safety officers did a time travel study to see which is the fastest route to the site,Dale Street or Coventry Lane? They found that Dale Street would be quicker. Therefore, Meetinghouse Commons has decided not to connect with Coventry Lane. They will shorten the cul-de-sac to reduce travel time for emergency vehicles,and there will be a 200-220' buffer zone between the closest house to a Meetinghouse building. Mr. Sullivan asked if anyone else would like to speak in favor? I. Joseph Pelich,725 Boxford Street. 2. George Barker,Barker Farms, 1267 Osgood Street 3. David C. Rand,280 Dale Street 4. Randall F.Hart,22 Raleigh Tavern Lane—Tom Zahoruiko's reputation as a builder is favorable. 5. Alfred M.Perry, 548 South Bradford Street—He was is on the Task Force for,and believes that the project is good. Against? I. John L.Foley Jr.,522 South Bradford Street—He is not against,but he does have concerns. 2. Some Body, Winter Street—wants 15 houses. 3. Barbara Mackay 24 Coventry Lane 4. Gregory K, Johnson,7 Hidden Court—He is against the connecting road. 5. Donna R. Lind,575 Winter Street—She has flooding concerns,given that the Maritimes gas pipeline will cross Mosquito Brook, 6. William M, Porteous,90 Lancaster Lane—He questions where it is and other concerns. 7. Susan Dennett,20 Ironwood Drive 8. Mark J.Riemont,36 Lancaster Lane 9. James P.Protopapas,221 Blue Ridge Road 10, Swartz,655 South Bradford Street—Had concerns about connecting road. 11. Thomas C.Browne,679 South Bradford Street } 12. Judith A.Epstein,200 Blue Ridge Road—connected 13. Steven K.Ladd,235 Blue Ridge Road 14. Roger C.Boucher,245 Blue Ridge Road 15. John DePippo,795 Dale Street 16. Who Knows, 183 Lancaster Lane 17. Larry Fixler,25 Hollow Tree Lane 18, Chicerchia,560 South Bradford Street. Upon a motion by Walter F.Soule and 2nd by John M.Pallone,the Board voted to continue the hearing to November 13,2001, Voting in favor: William J. Sullivan, Walter F. Soule,Raymond A. Vivenzio,Robert P. Ford,John M. Pallone,Ellen P.McIntyre,and George M.Earley. 2001-033. Minutes for November 13,2001 Meetinghouse Commons,at Smolak Farm South Bradford St. Application for a Comprehensive Permit present for the application was Thomas Zahoruiko. Mr. Zahoruiko showed the lay out of the project for the Comprehensive at Smolak Farms. He identified areas of concern from the neighbors and had held several meetings with them to address their particular concerns with regard to safety,traffic easements,drainage. Mr. William Sullivan asked if the plan showed the location of Mosquito Brooks. The discussion continued regarding drainage issues in that area and the effect to that area. Mr. Zahoruiko explained that the North parcel contain wetlands that drain into Mosquito Brook. Michael Howard from Epsilon Associates further addressed wetland issues,and drainage to Mosquito Brook is not in the vicinity of this project therefore,has not affect on the area. The closet drainage to the Brook is at Winter St&Foster St.D.Lynn,resident,expressed her concern of for surface water would affect water in basements and that additional development would increase drainage in that area, Mr. William Sullivan addressed an article that appeared in the local paper about wetland and drainage concerns in the community affected by development. Mr. Zahoruiko explained that a Notice of Intent needs to be filed in Conservation and that scientific calculations would be submitted as part of the filing with Conservation..Mr.Sullivan said that to address concerns of wetlands is a matter that is not the Zoning Board of Appeals responsibility. Discussion continued with regard to I I I acres and the agricultural restrictions as well as the Preservation Act restrictions, Mr. Soule questioned the entrance on the Westside or So Bradford Street,which has restriction. Mr. Soule asked if a traffic study would be conducted for the narrowness of So Bradford St. Mr. Sullivan suggested to meet with the Director of the DPW to discuss traffic condition,lights etc, Mr.Soule would like to see a Traffic Study expert to identify the issues and made a suggestion that speed bums be used to address some of the traffic concerns, Mr. Soule questioned open space easement and the possibility of walking trails as part of the project.April Foley,abutter from 533 So Bradford St,said that there were several meetings held with abutter and local residence for open discussion of the project and that Mr.Zahoruiko was very responsive to the concerns of the neighbors and was instrumental in reducing the number of units from 13 to 6 that would accommodate potential low income residence for the Comprehensive Permit. Mr.Zahoruiko explained that Coventry Lane would be preserved as a buffer zone. W. Sullivan asked that Mr.Zahoruiko have all the legal verb age to identify the Comprehensive Permit Project. Mr. Soule brought up the possibility of trails and how the parking and traffic on Date St could hamper and affect the area. Susan Haltmaier, Selectman, further pointed out that parking and traffic could be an issue. Mr.Zahoruiko explained that Smolak Farm already had areas for parking and that Dale St parking would not be a major issue. However,Mr.Zahoruiko would explore these concerns. Sam Martin of 137 Lancaster Rd,wanted to be recognized as a dissenter for more parking or traffic on so. Bradford St due to the narrowness of the road. Upon a motion by Walter Soule and 2nd by John Fallone to continue the petition until the December meeting. Mr. Sullivan requested of Mr.Zahoruiko to produce a profile and come up with a document specific to the conditions and variance that will be determined. Also,that a bond should be issued to protect the town. The vote was unanimous to continue until December. Voting in favor: WJS/WFS/JP/EM/GME. 1 Zoning Board of Appeals Page 3 of5 Minutes of the Meeting March 12,2002 Senior Center,120R Main Street,North Andover,Massachusetts 01845 6. Meetinghouse Commons at Smolak Farm,South Bradford Street—Thomas D. Zahoruiko and Atty. Brian Levey represented the petition. Mr. Zahoruiko said that Meetinghouse has filed a notice of intent with the Conservation Commission, Mr.Ford asked when the hearing would be and Mr. Zahoruiko said before the next Zoning meeting. Mr.Zahoruiko and Atty. Levey requested Vanasse Hangen Brustlin [the ZBA's consultants]to respond to the Huntress Associates report of March 12,2002 in the next couple ofweeks. Atty.Levey began a detailed discussion of Meetinghouse's draft conditions and exemptions.The condominium documents will state that the affordable units will stay so for 99 years. The 55 age restriction, provided it meets legal approval,the condominium will assume water and sewer costs,traffic mitigation measures suggested by the traffic study, if approved by DPW,will be written into the permanent document,etc. They propose to follow the Kittredge Crossing model. Ms. McIntyre asked about safeguards for affordable units. Atty.Levey said Citizens'Housing and Planning Association would monitor them,and CHAPA would ensure affordable for whole term. Mr.Earley suggested a special meeting. Mr.Ford said that when all evidence had been presented,and the hearing was closed then the 40- day written-decision-to-Town Clerk clock starts. The Board is depending on VHB,and we would like the Town Counsel's response,as well. Atty. Levey said that turnaround response time has been 30 days. He would like to see a shorter response time. The Board and the petitioners discussed the sewer connect fees, the use of the community center as a sales office until most units were sold,the VHB response time,and responses from other Town departments. Mr.Nicetta said he received the Huntress report March 12,at 2:OOPM;had VHB received a copy? Would Mr.Zahoruiko forward a copy of the Conservation Commission decision? Mr.Zahoruiko said that he had asked for comments from various Town departments,and figured that they had no problem if they didn't respond. Mr.Nicetta said that the ZBA decision should include departmental written responses;he suggested that the Board write letters to other Boards,departments,etc. The next topic was April Foley,522 South Bradford Street's concern about the proposed safety connection to South Bradford Street. Chief William Dolan's letter said that Public Safety vehicles would not save time if the South Bradford street parts were connected so she wanted to ensure that the connection would not occur at some later date. Ms.Foley asked if the Town could take the land in eminent domain? Does she need to go to Town Meeting? Mr. Zahoruiko said that Meetinghouse redesigned the plan and they have a no-cut buffer forever restricted written into the agreement. Mrs. Foley's concern is now that the Town may decide to connect. This is now not a Meetinghouse concern,but they are concerned to be good neighbors,he will ask Atty. Brian Levey to help abutters with this concern, Upon a motion by John M.Pallone,and 2"by George M.Earley,the Board voted to continue the hearing to April 9,2002. Voting in favor: Robert P.Ford,John M. Pallone,Ellen P. McIntyre,George M. Earley,and Joseph D.LaGrasse, 2001-033. Zoning Board of Appeals Page 3 of 5 Minutes of the Meeting April 9,2002--Senior Center,12OR Main Street,North Andover,MA 01845 2. Thomas D,Zahoruiko,representing Meetinghouse Commons at Smolak Farm,South Bradford Street,said that he believed that the revised Meetinghouse proposal satisfies all concerned,the Board of Selectmen,the Planning Board,the Conservation Board,Department of Public Works,the Police Department,and the abutters. The only problem has been the outside consultant's response time. RPF— Do you feel that the Board has all the information we need to write a decision with all the numerous necessary conditions? TZ—I think all the information is there. The outside consultants asked for information over and beyond the requirements of40B. RPF-0 Board member,John M. Pallone,could not be here tonight. TZ—All the information is on the record. RPF—Do other Board Members have any questions? GME—Are the DPW concerns in the conditions?TZ We have followed up the DPW letters of March 20 and 27,2002. Mr.Earley-Have you tabbed the by-law sections where you need exemptions? TZ Have draft conditions revised 3-18-02 and have listed exemptions. WFS—Board of Selectman member Susan Haltmeier's 10-16-02 memo requested information in several critical areas,i.e.concerning 1 the specifies of the age 55 requirement,occupant?owner?How many school age children expected? TZ— We responded at the November presentation. Have been at Planning and Board of Selectmen prior to ZBA. RPF—Have studies been done about sight lines to stopping,turning,distances to turning traffic? WFS— 1 On the map it shows South Bradford/Date Street as a town way? TZ--It is a public way. WFS— recommend— 1927 shows document discontinued road south side of Dale Street. EPM—Tie in will be built for Phase 3 Sewer project? What do you plan to do about soil removal? TZ—April 2 letter consultant left blank. No soil removal exemption necessary. This will be a balanced site—not much in or out. RPF— Do Board members have enough information? What about the parking issue at Meetinghouse, Le. people can walk to the Commons vs.7 spaces? TZ—Consultant clarify: Should we add the condition that Meetinghouse will not rent out to outside the community? Therefore, there will be enough parking. RPF— Board can put the condition use is by Residents` functions,only,yes. Others coming from outside the community—where will they park? TZ-Restrict booking the Commons t o residents and their families only? RPF-Where would visiting cars park? TZ—280 spaces is almost double the required 200 spaces for 88 units. Commons building isn't a banquet hall—it contains a meeting room,workout room, conference,etc.; it's not meant for weddings. The Commons building is only 35% larger than average home. WFS—Continue meeting rather than Special Meeting? RPF--Close tonight vs, special meeting. Once this hearing is closed,then there will be 40 days to prepare decision. Are we certain we feel we can close? GE—We could continue to a special meeting date and vote at the special meeting. EPM—He's been here since October,2001. JDL—Amend comprehensive Permit—We can look through permit and list if incorporated by you here this is what MHC thinks you want. Close hearing. TZ—Those amendments are in the March 18th package. RPF----Feel special meeting should include a review of those conditions before Town Council. Does it follow 40B per NAZBA? Anyone else? Close tonight? TZ— Feel that the form and substance of information requests have been addressed. RPF-The vote has to be at a public hearing. Have to give public hearing. My reading is you are not 100%with Town's consultant, VHB. Why do you disagree with consultant? TZ—Confident MHC responded with specific,detailed correspondence to VHB's points;our responses covered more than required by 40B. RPF—If the 3 of us here vote to close,does it cut John Pallone out even w/o new evidence JP has not heard? Even if we 3 were satisfied wouldn't it be better to keep it open? . GE—If we continue MHC to a special meeting in 2 weeks for a couple of hours,we can close evidence in the special,then vote. TDZ—MHC doesn't want to go another month. RPF---3 feel w/op 4—wise to hold special meeting. WFS—Do we need to do a legal notice? If input,then public should be notified. Atty. Levey--The Board can continue and announce date&time. RPF—Anyone make a motion to continue hearing to special meeting in 2 weeks? BN-Bobrowski's Handbook of Massachusetts Land Use&Planning Law, 1993, states that we need to post a notice 48 hours before a meeting on the Town Hall bulletin board. And,we can post a notice on the town's web site when &where because 4 people needed to vote for variances. RPF&WFS—Only 3 Board Members needed to vote for 40B applications. TZ—As far as he's concerned—close tonight if board wants to continue,ok with him. RPF—Wednesday,4-24-02 town hall basement library at 4:OOPM Upon a motion by GME and 2°d by EPM,the Board voted to continue this hearing to April 24,2002. RPF, EPM&GME voted in favor. 2001-033. North Andover Zoning Board of Appeals Page 4 of S Minutes of the Meeting April 24,2002 Special Meeting—Town Hall Library Conference Room 120 Main Street,North Andover,Massachusetts o 1845 Robert P.Ford,Acting Chairman,opened the Special Meeting at 4:11 PM to discuss the latest redraft of the waivers for Meetinghouse Commons at Smolak Form,South Bradford Street, The following Board members were present: Robert P.Ford and John M.Pallone;and Associate Board members Ellen P. McIntyre and George M.Earley, Thomas D.Zahoruiko,manager of Meetinghouse Commons,Atty. Brian C. Levey,and Christian C. Huntress,Landscape Architect,represented the petition. Atty. Levey said that he would review the draft decision,and read the proposed exemptions and waivers in sections. Mr. Ford asked if this was a new packet or new revisions? If there were differences from earlier draft decisions, would Atty. Levey indicate them? Atty. Levey and the Board then reviewed the draft decision, item by item for the greater part of the meeting. Some of the issues the Board asked clarification for were: The Meetinghouse response to Vanasse Hangen Brustlen's last report is covered by Mark West of Epsilon Associates, Inc. He re-addressed VHB's comments and pointed out earlier correspondence from Town ' departments provide for more clarification. Mr.Ford—Does the Board have any questions? Mr.Nicetta? Go ahead,Atty. Levey. The proposal is substantially the same. The no-cut buffer document has been accepted by the affected abutters,and will be recorded along with the Restrictive Covenant{copy to ZBA files]. It is a concession to the South Bradstreet neighbors. Mr. Earley—Are the abutters happy? Mr. Levey—Yes. Mr. Pallone asked if the Building Commissioner sees substantial change,what happens then? Mr.Earley—Any change to any of the plans? Atty.Levey said that it is up to the Building Commissioner to draw the line between minor and substantial. Mr.Zahoruiko said that Mrs.Foley is ok with the agreement about the end of South Bradford Street. Mr.Nicetta—Is a larger%of affordable than 25%open to negotiation? Atty. Levey—We haven't heard this suggestion in 10 months of hearings. Mr.Nicetta—It is possible under 40 B to ask for more than 25%. A greater%of affordable units is better for the Town. Atty.Levey We don't disagree,but it is an issue of economics. Boards usually don't go above what the law requires. Mr, Earley—We never can catch up. The Town will be built out before we catch up. Mr. Ford—Where does the excess profit from a 40B development go? Atty.Levey—Excess profits go to the Town. Ms. McIntyre--How does HUD determine 80%of annual average? Atty. Levey—HUD uses annual figures,not the 10 year Census,so we will use the latest available figures when Meetinghouse units are ready to market. Mr. Sullivan suggested that we use the Kittredge Crossing decision as a model;this language comes from it,that's where the 99 year affordable restriction clause comes from. Mr. Ford asked what was included in costs,Mr.Zahoruiko's salary,etc.,who determines where the 20%profit starts? Atty, Levey said that would be part of the Regulatory Agreement. The 55-age limit and restrictions on rental/resale of affordable units were discussed. Atty. Levey said the restriction is allowed under the Federal Fair Housing Act of 1988. Mr.Ford asked about changes in the law,would they need to conform to future changes,or would this April 200Ts laws still be in effect? Ms.McIntyre asked if a 30 something could buy and lease to a 55-year-old? Atty.Levey said that would be for the Condominium Association to decide. Meetinghouse would follow 40B guidelines about income changes of affordable unit owners. Landscaping, street lighting, utility connections,now and fixture,were discussed, Meetinghouse will work with DPW on Dale Street lighting, warning signs,utility conduits, Mr,Zahoruiko said they don't think they will need soil removal permits,if anything,they will need to bring soil in. Atty. Levey said the waiver was belt and suspenders. The Board discussed the section waiving permit fees—did the Board have the power to do so? Mr.Nicetta mentioned the current fiscal situation of the Town. He couldn't see waiving the fees. Mr. Pallone said they balked at the catchall general waiver paragraph,"deemed granted",in the Kittredge decision,and it was removed. Mr.Earley agreed. Mr.Ford suggested that the fee waiver must be discussed with the Board of Selectmen and Town Manager; should the under advisement hearing be continued? Atty.Levey and Mr.Zahoruiko said they had time pressures and would like a decision this night,therefore,they would pay the fees,work out the DPW bond,and remove the general waiver. Atty. Levey said the project should have no impact on North Andover schools. Upon a motion by George M. Earley and 2"a by John M. Pallone, the Board voted to close the discussion of the conditions and exemptions as discussed subject to modification of items 14,23,and 43 of the proposed waivers. Voting in favor: Robert Ford,John Pallone,Ellen McIntyre,and George Earley. The Noah Andover Board of Appeals held one public hearing in four regular sessions (10-16 & 11-13-01, 3-12 &4-9-02)and one special session (4-24-02)for the Town Boards and for Citizens' input. The public gearing was concluded and decision was taken at the special session,April 24,2002 at 4:00 PM in the Town Hall Library Conference Room on the request for a Comprehensive Permit by Meetinghouse Commons, LLC, d/b/a 185 Hickory Hill Road, North Andover, Massachusetts, This application was originally for 93 housing units (later reduced to 88 housing units)per MGL Chap, 40B, Sections 20-22. The housing is to have 25% of the units set aside as "affordable", located on South Bradford Street, southeast off Dale Street,in the Residential 1 zoning district of North Andover,Massachusetts. The following members were present and voting: Robert P.Ford, John M. Pallone,Ellen P. McIntyre, and George M.Earley. Upon a motion by John M. Pallone and 2"d by Ellen P. McIntyre, the Board voted to grant the Applicant a Comprehensive Permit pursuant to MGL Chap. 40B, Sections 20-22 for 88 housing units of which 25%will be affordable per the following preliminary plans: Plan Titled: Site Development Plans for Meetinghouse Commons at Smolak Farms, South Bradford Street, North Andover, Massachusetts 01845 Prepared for: Meetinghouse Commons, LLC, 185 Hickory Hill Road, North Andover, MA 01845 Prepared by: Huntress Associates, Inc., 17 Tewksbury Street, Andover, MA 01810, MHF Design Consultants, Inc., 103 Stiles Road, Suite One, Salem, NH 03079; & Epsilon Associates, Inc., 150 Main Street, Maynard, MA 0175, Date: 7/20/01, rev. 2/14/02 (Sheet 3A); 12/3/4, rev. 2/14/02 (Sheets 2, 4- 8,11-12,15,17,21-26,29-30,36,40,45) 12/03/01, rev, 2/14102 & 4117/02 (Sheets 1,3,9-10,13-14,16,18- 20,27,31-35,39,42,44) 12/03/01,rev. 4/17/02 (Sheet 43)& 12/20/01 (Sheets 37-38). Voting in favor were I Geor .2001-033. a Earle Robert Ford,Jofui Pallone,Ellen McIntyre,and y Upon a motion by Ellen P. McIntyre,and 2" By George M.Earley,the Board voted to adjourn the Special meeting at 7: 05 PM. Voting in favor: Robert Ford, John Pallone, Ellen McIntyre, and George Earley. Approved by: Robert P, Ford,Acting Chairman i } 1