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Home My WebLink About2020-02-25 Recorded Decision MOD Height Waiver SP F4< 16233 68 8 2 5 cierr Town of North AndoVqr3-19-2020 a 02ZO'- Office.of the Planning Dept-A-0-hv>C Mc:Ir-Uh Rc__4 Community Development and Sex-vices Division p- V E -ICE 120 Main Street VF North Andover,Massachusetts 01845 Id2d FEd NOTICE OF DECISION HEIGHT WAX"R SPECIAL PERIMT "J It MODMCATION Any appeal shall be filed within(20) days after the date of filing this notice in the office of the Town Clerk. Date- February 25,2020 Public Hearings: FebruM 25,2020 Date of Decision: February 25,2020 Petition of: Sutton Street Redevelopment,LLC 231 Sutton Street,Suite 11B North Andover,MA 01845 Promises Af�cted: 505 Sutton Street North Andover,MA 01845 Map 74 Lots 23, 54 Referring to the above petition for a Height Waiver Special Permit Modification from the requirements of the North Andover Zoning Bylaw,Article 7 Dimensional Requirements Section 195-7.4.F, 195-8.17, and 195-10.7. So as to modify the original approved Height Waiver Special Permit dated September 17,2019 and associated site development Plans to reflect the location and elevations of the proposed 3-stony building to the rear of the parcel(Building 3 on the Revised Site Plans)and a 4/3-story building to be situated along Sutton Street(Building I on the Revised Site Plans)to allow for the construction of a 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 one 4/3-story building,one 4-story building,and one 3-story garden-style buildings, stormwater management facilities, landscaping, signage and other improvements to be located on approximately 3.24 acres of land on at the former site of the Knights of Columbus.This project is located within the B-2 Zoning District. After a public hearing given on the above date, and upon a motion by J. Simons and 2" by P. Boynton to APPROVE a Height Waiver Special Permit Modification for the 11xreo (3) multi-family, residential structures with elevations as depicted on the Revised Site Plans, as amended, and based upon the following conditions.Vote was 5-0 in favor of the application. This is to oar*that twenty(20)d" have elapsed from date of dedalm Planning Board mho'd Ming of a"ate' app0q, Dale OZO Eitan Goldberg,Chairman Trudy L Rold Kate Bargnesi Town CWk Peter Boynton Aaron Preston John Simons ATWO COPY jut'A- .� Height Waiver Special Permit Modification 505 Sutton Street Map 74 Lots 23, 54 February 25, 2020 The Planning Board herein APPROVES the Height WU fiver Special Permit Modification to allow for construction of the three multi-family,residential structures as depicted on the Revised Site Plans,so as to allow construction of a 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 one 4/3-story building,one 4-story building,and one 3-story garden-style buildings,stormwater:management facilities,landscaping,siguage and other improvements to be located on approximately 3.24 acres of land on at the former site of the Knights of Columbus.This project is located within.the B-2 Zoning District.This Special Permit Modification was requested by Sutton Street Redevelopment,LLC. The application was filed with the Planning Board on January 16, 2020. The public hearing on the above referenced application was opened on February 25, 2020, and closed by the North Andover Planning Board on February 25,2020. The Applicant submitted a complete application,which was noticed and reviewed in accordance with Article 7 Dimensional Requirements Section 195-7.4.1~,and 195-10.7 of the Town of North Andover Zoning Bylaw and MGL o.40A, Sec. 9. The Planning Board voted unanimously(by a vote of 5-0) to grant the Height Waiver Special Permit Modification. A special permit issued by the Planning Board,as special permit granting authority,requires a vote of at least four members of a five-member Board. The Applicant is hereby notified that should the applicant disagree with this decision,the Applicant has the right 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 195-7.4A 195-8.17, and Article 10 Section 195-10.7 the Planning Board makes the finding that the intent of the Bylaw,as well as its specific criteria, is met. This decision specifically stated by the Planning Board;makes the following la'MINGS UP PACT: 1) Permit Definitions: a) The"Locus"or"Site"refers to a 3.24 acre parcel of land with land fronting on Sutton Street as shown on a portion of Assessors Map 74 Lots 23, 54, and also known as(a.Wa) 505 Sutton Street,North Andover,Massachusetts b) The"Revised Site Plans"refer to the Revised Site Plans prepared by The Morin-Cameron Group,Inc. dated May 18,2019 and revised to January 31,2020 consisting of Sheets C,1-13, L1.1,L1.2,PA.05,PA.06,PB.06,P13.07,PC.06,PC,07,titled"Multifamily Site Development flans, 505 Sutton Street,(Assessor's Map 74,Lets 23,24,54),North Andover, Massachusetts. e) The "Project" refers to the construction of a 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 one 4/3-story building, one 4-story building, and one 3-story garden-style buildings,stormwater management facilities,landscaping,signage and other improvements to be located on approximately 3.24 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, its successors and assigns. 2 I "K LUZ�Jj .egz4y f'uisuz i Height Waiver Special permit Modification 505 Sutton Street Map 74 Lots 23, 54 February 25,2020 e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the Applicant,Developer, and Owner 2) Section 2.27 of the North Andover Bylaw defines Building Height as the vertical 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 of mechanical equipment. 3) At the May 2018 North 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(B2) and 477 Sutton Street(Map 74 Parcel 24) from Residential 4(R4)to Business 2(B2). 4) At the May 2016 North Andover Town Meeting the Town voted to amend Section 7.4 of the North Andover Zoning Bylaw to grant the Planning Board the authority, as Special Permit Granting Authority,to waive the maximum height for residential multifamily dwellings and town houses on a parcel or parcels collectively comprising at least five(5)acres of land located within a Business 2(B-2)Zoning District,provided that such height waiver shall not permit a structure to exceed more than four(4) stories and 55 feet in height, and further only after the Planning Board has made a determination based on consideration of the special permit criteria described under Section 10,31 of the Zoning Bylaw. 5) On September 17,2019, the Planning Board approved a Site Plan Review,Multi-Family Housing,Reduction in Parking Special Permit, and Modification of Screening and Landscaping Special Permits to allow for the construction of a market rate rental residential community to be known as, consisting of a total of 136 studio,one-bedroom and two-bedroom units to be contained within three(3)separate four-story garden-style buildings, storrawater management facilities,landscaping, signage and other improvements to be located on approximately 3.24 acres of land on at the former site of the Knights of Columbus. This project is located within the B-2 Zoning District, 6) On September 17,2019,the Planning Board approved a Height Waiver Special Permit 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 within two(2)four-story buildings and one(1)three story garden- style buildings, stormwater management facilities, landscaping,siguage 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. 7) On September 17,2019,The Planning Board approved a Common Driveway Special Permits to allow a shared driveway allowing access to a Multi-family development located at 505 Sutton Street through a single curb out at 477.505 Sutton Street. The Property is located in the Business 2(B2)and)Zoning District. 3 .tsx IbZJJ rgZOV ffUU Z Height Waiver Special Permit Modifcatiop 505 Sutton Street Map 74 Lots 23, 54 February 25,2020 8) The September 17, 2019 approved Height Waiver Special Permit Conditioned"PRIOR TO ANY SITE WORK, CONSTRUCTION,BUILDING PERMCT: Revised plans with building elevations must be submitted to the Planning Board for review". 9) The Revised Site Plans and Elevations herein reflect the September 17,2019 approved Height Waiver Special Permit FINDING OF FACT 44,"Building 3, a three-story building,is located at the rear of the project site which abuts SwTey 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". 1 Q)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,a 413-story building, and Building 2, a 4-story building,are located to the east of the site and along a Sutton. Street,a major road in a commercial area,across from an airport. 11) 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. 12)The use as developed will not adversely affect the neighborhood character.The proposed multifamily use is compatible with other nearby 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). 13) There will be no nuisance or serious hazard to vehicles or pedestrians.'Vehicular access to the Site has been reduced to a single shared driveway and there are sidewalks along much of Sutton Street. 14) The Landscape Plan 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. 15)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: 16)Any changes made to these Revised Site flans 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 plans with building elevations shall be submitted to the Planning Board for review. 4 Height Waiver Special Permit Modification 505 Sutton Street Map 74 Lots 23, 54 February 25,2020 17)All special permits granted under,Article 2 Definitions,Article 8 Supplementary Regulations, Article 7 Dimensional Requirements,and Article 10 Administration for this Site skull also be considered as part of this Decision, PRIOR TO ANY SITE WORK,, CONSTRUCTION,BUILDING PI';RYfIT 18) The decision of the Planning Board must be recorded at the Northern Essex Registry of Deeds and two(2)certified copies of the recorded decision must be submitted to the Planning Office. 19) This Site shall have received all necessary permits and approvals from the North Andover Board of Health,Conservation Commission and the Department of Public Works. 20)A construction schedule must be provided to the Planning Department, PRIOR TO THE CERTIFICA Y,Olt OCCUPANCY 21) The Applicant shall submit a certified letter from;a licensed Surveyor confirming the final average grades and Building Heights for each building on Site. GENERAL CONDITIONS 22) Any plants,tree,shrubs,or fencing that have been incorporated into the Landscape Plan approved in this decision that die or fall into disrepair must be replaced by the project owner in perpetuity. 23) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 24) Gas,telephone, cable,and electric utilities shall be installed as specified by the respective utility companies. 25) 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. 26)No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 27)No underground fuel storage shall be installed except as may be.allowed by Town Regulations. 28) The owner shall apply to the Board of Health for the appropriate dumpster permit, 29) 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, 30) Any action by a Town Board, Commission, or Department,which requires changes in the Revised Site Plans or design of the building,as presented to the Planning Board,may be subject to modification by the Planning Board. 31) ,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 Planning Board for approval using the process outlined in Article 8 Section 195-8.17(revision to Approved Site flan)of the Zoning Bylaw, 5 Bk 16233 Pg252 #6882 Height waiver Special Permit Modification 505 Sutton Street Map 74 Lots 23, 54 February 25,2020 32)Pursuant to the North.Andover Zoning Bylaw Section 195-10.7.A.(3) this Site flan Review Special Permit Modification shall be,deemed to have lapsed after February 25,2022(two years from the date the permit is granted), exclusive of the time required to pursue or await determination of any appeals,unless substantial use or construction has commenced within said two-year period or for good cause as determined by the Planning Board. 33) The following shall be deemed part of this decision: Flan titled: Multifamily Site.Development Plans (Assessor's Map 74, Lots 23,24, 54) 505 Sutton Street North Andover,MA Prepared for: Sutton Street Redevelopment,LLC. 231 Sutton Street North Andover,MA 01845 Prepared by: The Morin-Cameron Group,lnc. 66 Elan Street Danvers,Massachusetts 01923 Scale 1"=30' Date: May 28,2019 and revised to January 31,2020 Sheets: C,1-13,L1.1,L1.2,PA.05,PA.06, PB.06,PB.07,PC.06,PC.07 CO, Applicant Abutters 6