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Home My WebLink About2019-09-17 Recorded Decision- Height Waiver Special Permit ' Town of North And�� Office of the Planning De aria �EID Community Development and Servi:f%� 120 Main Street North Andover,MassachusettleE$SEp 23 AM I i: 39 .. NOTICE OF DECISION TOWN of, HEIGH`i<'WASV'TR SPECIAL P AND it Any appeal shall be;filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: September 17,2019 Public Hearings, July 18,2019,July 30,2019, August 20,2019,September 3,2019, September 17,219 ]late of Decision: September 17,2019 Petition of. Sutton Street Redevelopment,LLC 231 Sutton.Sheet,Suite 1B North Andover,MA 01845 Premises.Affected: 505 Sutton.Street North Andover,MA 01845 Map 74 Lots 23,54 Referring to the above petition for a Height Waiver Special Permit from the requirements of the North Andover Zoning Bylaw,Article 7 DimensionabR.equirements Section 195-7.4.h`,and 195-10.7. So as to allow a height waiver for construction of two four-story residential,garden style structures,not to exceed 55 feet in Building Height,as part of the overall construction of a multi-family,market rate rental residential community consisting of a total of 136 units;28 studio,55 one-bedroom and 53 two-bedroom units to be contained widi,in two(2)four-story buildings and one(1)three story garden-style buildings, stonzrwater management facilities,landscaping,signage and other improvements to be located on approximately 3,98 acres of land on at the former sito of the Knits of Columbus.This project is located within the B-2 Zoning District. After a public hearing given on the above data,and upon a motion by P.Boynton and 2m by K. Barguesl to APPR•O'VEfDENK a Height Wavier Special Permit for the following multi-family,residential garden style structures; Building 1 Building 2 as amended,and based upon the following conditions.Vote was 5-0 in favor of the application. Planning Board Eitan Goldberg,Chairman Kate Bargaesi Peter Boynton Thls Is to OW4 that Monty(20)days ; - Aaron Preston have o apsed from data of dooWw John Sin-ions wf 0A 19ling of an appealDate . , �)z a pp1yaCopy L.Rsld ,Town Glaris TO"Clerk .� Bk 16233 Pg288 #6886 Haight Waiver Special Permit 505 Sutton Street September 17,2019 The Planning Board hex6iu APPROVES th.a Special Permit to grant a height waiver for the following multi- family,residential garden style structures: Building 1 and Building 2,as depicted on the Plans, so as to allow for the construction of two four-story residential,garden style strictures,not to exceed 5S feet in Building Height, as part of the overall construction of a multifamily,market rate rental residential community consisting of a total of 136 units;28 studio, 55 one-bedroom and 53 two-bedroom units to be contained within two(2)four-story buildings and one(1)three story garden-style buildings, stormwater management facilities, landscaping, signage and other improvements to be located on approximately 3.98 acres of land on at the former site of the Knights of Columbus.This project is located within the B2 Zoning District.This Special Permit was requested by Sutton,Street Redevelopment,LLC. The application was filed with the planning Board on May 31,2019. The public hearing on tiro above referenced application was opened on July 18,2019,and closed by the North Andover Planning Board on September 17,2019. The Applicant submitted a complete application,which was noticed and reviewed in accordance with.Article 7 Dimensional Requirements Section 195-7.4.F,and 195-103. of the Town of North Andover Zoning Bylaw and MGL c.40A,Sec.9. The Applicant is hereby notified that should the applicant disagree with this decision.,the Applicant has the eight under MGL Chapter 40A Section 17,to appeal this decision within twenty(20)days after the date this decision has been filed with the Town Clerk. In accordance with Article 7 Section 195-7.4.F and Article 10 Section 195-10.7 the Planning Board snakes the finding that the intent of the Bylaw, as well as its specific criteria, is ,net. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) Permit Definitions: a) The "Locus" or"Site"refers to a 3.98 acre parcel of laud with land fronting on Sutton Street as shown on a portion.of Assessors Map 74 Lots 23,54, and also known as(awa)505 Sutton Street,North Andover,Massachusetts;and as more specifically depicted as Lot 2 on the Plans. b) The"Plans"refer to the plains prepared by The,Morin-Caaneroa Group,Inc.dated.May 18, 2019 and revised to August 29,2019 consisting of Sheets C.1-13,L1.1,L1.2,P.14,P.15, P.25,P.26,P.35,P 36,titled"Multifamily Site Development Plans, 505 Sutton Street,North Andover,Massachusetts. e) The "Project"refers to construction of two four-story residential, garden style structures, not to exceed 55 feet in Building Sleight, as part of the overall construction of a multi-family, market rate rental residential con=unity consisting of a total of 136 units;28 studio, 55 one- bedroom and 53 two-bedroom units to be contained within two (2) four-story buildings and. one (1) three story garden-style buildings, stormwater management facilities, landscaping, signage and other improvements to be located on approximately 3.98 acres of land on at the former site of the Knights of Columbus.This project is located within the B 2 Zoning District. d) The "Applicant" refers to Sutton Street Redevelopment, LLC, 231 Sutton ,Street, Suite 1B, North,Andover,MA 01845. e) The'Troject Owner"refers to the person or entity holding the fee interestto the title to the Locus from time to time,which can include but is not limited to the Applicant,Developer, and Owner 2 Bk 16233 Pg289 #6886 Height Waiver Special Permit 505 Sutton Street September 17,2019 2) Article 7 Section 195-7.4.P of the North Andover lr3ylaw defines Building Height as the vortical distance as measured from the average finished grade level adjoining the building at all exterior walls to the highest roof surface,but shall not include chimneys,spires or mechanical equipment or penthouses used for enclosures bf mechanical equipment." 3) At the May 2018 Norlh Andover Town Meeting,The Town voted to Amend the zoning Map to rezone 505 Sutton Street(Map 74 Parcel 23)and 0 Sutton Street(Map 74)parcel 54) from- General Business(GB)to Business 2(332)and 477 Sutton Street(Map 74 parcel 24)from Residential 4(R4)to Business 2(B2). 4) Building 3, a three-story building,is located at the rear of the project site which abuts Surrey Drive to minimize massing along the residential neighborhood. High and low canopy landscaping and offset wooded buffers between the developed portions of the residential lots allows for appropriate screening for the Surrey Drive neighborhood. Buildings 1 and 2,the four- story buildings, are located to the east of the site and along a Sutton Street, a major road in a commercial area, across from an airport. 5) The specific Site is an appropriate location for such a use,structure or condition.The Site is appropriate due to its location in a mixed-use neighborhood and at the junction of two major roads,Route 125 and Sutton Street. It is within proximity to commercial shopping,lifestyle and job amenities and is within walking distance to a public park. 6) The use as developed will not adversely affect the neighborhood character.The proposed multifamily use is compatible with other noarby residential and commercial uses,such as those .found in downtown North Andover(Commercial,residential and governmental)and along Routes 125 and 133 (commercial,multifamily residential, and educational). 7) There will be no nuisance or serious had to vehicles or pedestrians.Vehicular access to the Site has been,reduced to a single shared driveway and there are sidewalks alorpg much of Sutton Street. 8) The Landscape.Platt reflects extensive discussions in regards to providing screening to the residences at the rear of the project.The Applicant has provided detailed imagery describing the natural screening that would be provided. 9) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. Upon reaching the above findings,the planning Board approves this Special Permit based upon the following Special Conditions: 10)Any obanges made to these Mans must be approved by the Planning Director. Any changes deemed substantial by the Planning Director would require a public hearing and a modification by the Planning Board,, Revised Plains with building elevations shall be submitted to the Planning Board for review. 11) All special permits granted under,Article 2 Definitions,Article 8 Supplementary Regulations, Article 7 Dimensional Requirements, and Articlo 10 Administration for this Site shall also be considered as part of this Deoision. 3 Bk 16233 Pg290 #6886 Height Waiver Special Permit 505 suttoa fleet September 17,2019 PRIOR TO ANY SITE WORK,CONSTRUCTION,BUILDING PFlt2wr 12)kevised plans with building elevations must be submitted to the Planning Board for review. 13)The decision of the Planning Boaxd must be recorded at the Northern Essex k7.egistry of Deeds and two(2)certified copies of the recorded decision must be submitted to tho Planning Office, 14) This Site shall have received all necessary permits and approvals from the North Andover Board of Health,Conservation.Cozznmission.and the Department of Public Works, I5) A construction,schedule must be provided to the Planning Department, PRIOR TO THE CERTMCATF OF OCCUPANCY 16)The Applicant shall submit a certified letter from a licensed Surveyor confirming they final average grades and Budding Heights for each,building on Site. GENERAL CONDITIONS 17) Any plants,trey,shrubs,or fenriug that have been iaxcorpoxated,into the Landscape Plan approved in this decision that die,or fall.into disrepair must be replaced by the project owner in perpetuity. 18) The contractor shall contact Dig Safe at least 72 hours pxior to commencing any excavation. 19) Gas,telephone,oable,and electric utilities shall be installed as specified by the respective utility companies. 20) The hours for construction shall be,limited to between 7.00 a.m., and 5:00 p.m.Monday through. Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 21)No open bumiaag shall be done exoepi as is permitted during the burning season under the Pare Department regulations. 22)No underground fuel storage shall be installed except as may be allowed by Towzz kegulations. 23) The owner shall apply to the Board of Health for the appropriate dumpster permit. 24)The provisions of this conditional approval shall apply to and be binding upon the Applicant,its employees and all successors and assigns in Interest or control. 25)Any action by a Town Board,Commission,or Department,which requires charges in the plan or design of the building,as presented to the Planning Board,may be subject to modification by the planning Board. 26)Any revisions shall be submitted to the Planning Director for review.If•these revisions are deemed substantial,the developer must submit revised plans to the Plaun.Wg Board for approval using the process outlined its.Article 8 Section 195-8.17(Revision to Approved.Site Plan)ofthe Zoning Bylaw. 27)Pursuant to the North Andover Zoning Bylaw Section 195-10.7.A(3)this Site Plan Review Special Permit shall be deemed to have lapsed after September 17,2021 (two years f'ronn the date the permit is&ranted),exclusive of the time xecluixed to pursue or await dotortain.ation of any 4 Bk 16233 Pg291 #6886 Sleight waiver Special Permit 50S Sutton Street September 17,2019 appeals,unless substantial use or construction has commenced within said two-year period or for good cause as detennined by the Planning Board. 28)The following shall be deemed part of this decision; Plan titled: Multifamily Site Development Plans 505 Sutton Street North Andover,MA Prepared for.- Sutton Street Redevelopmant,LLC. 231 Sutton Street North Andover,MA 0I 845 Prepared by: The Morin-Cameron Group,Inc. 66 Elm Street Danvers,Massachusetts 01923 Scale 1"=:30' Date: May 28,2019 and revised to August 29,20 19 Sheets: cc: Applicant Abutters 5