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HomeMy WebLinkAboutAbutter letter - Joanne Cavallaro - 4.15 - Correspondence - 45 THIRD STREET 4/15/2025 ZBA MEETING 4/8/25 45 Third Street My name is Joanne Cavallaro and I live at 12 Milton Street. I am an abutter. Good Evening Board Members, My neighbors and 1, oppose the Conversion of 45 Third Street to a multi-family of 3 units. We respectfully request that the Board DENY the Special Permit applied for by the developer. When applying the Bylaws, boundaries, Use, consistency, character, the neighborhood, density, traffic, etc., need to be established and understood. If these are unknown, it cannot be determined if any project presented, is in harmony with any of these requirements. The developer submitted his application for the proposed project at 45 Third Street as meeting the requirements in the R4 District Bylaws. We are here to say that this Project does not FIT and is NOT in harmony with the criteria listed in the Bylaws for which the Developer is seeking "Relief." Establishing Boundaries and What's Behind the Numbers Exhibit B Plan Identifying Nearby Multi-Family Properties., Let's take a quick look at the Exhibit B Map provided by the Developer with his application. This map is intended to identify multi residential property in a radius around 45 Third. The map does show predominantly multi-residential use behind Third Street and on Main Street. What you can't see, is the highlighted properties on Third and headed down towards the Library are two families not Multi-residential. And the map also tells us that from Third Street towards the Stevens Memorial Library, there are fewer two-families and predominately single-family homes. Here is what you can't see in the numbers. The two families on Third were built as single families except for 11-13 which was built in the late 1800's as a DOUBLE HOUSE by George Smith and was the only two-family, until the 70's. So, what happened? 1 Most Special Permits for two families on Third were approved prior to 1987. These projects did not impact the properties, the streetscape, the density, nor the character of Third Street and that is the reason they were approved. Here are a few examples. ( adding: The was not a measurable change in density unit/people because these were small cjanges see bullets. The biggest change was unfortunately a change of hands to an uncaring landlord. 6 cars parked on Maple and Third with another 4 in driveways. No one always parks in their spot. 4- 6 more cars is HUGE not nothing as the lawyer states) • One two family, built as an in-law and in use by the Owner. Special Permit approved in the 80's. No exterior changes • A Special Permit was approved in 1970 for a small apartment in an owner-occupied home where only 1-2 people were allowed to lease the unit. No exterior changes. • 11-13 granted a Special Permit in the 80's with the condition of No exterior modifications. This property is owner onsite. • A single house that has gone back and forth from a one family to a two back to a one and back to a two in 2009, Owner occupied. No exterior alterations. A last look at the Exhibit B Map submitted with the application. Third Street is primarily single- family homes, and Third Street headed towards the library is also primarily single-family homes. The Neighborhood One can't just look at a map or a list of abutters to understand the character of neighborhoods. I'm going to use an example. In 2012, plans for a project at 41 Second Street were submitted to the Building Department for a single structure conversion to a 3-unit multi/condo. All the units were attached. The application was denied by the Building Department because 41 Second Street is in the R4 district and that project without a Variance, could not move forward. Per procedure, that Denial went to the Zoning Board of Appeals. Per procedure and by law, Abutter notices went out to Abutters, on two different dates, notifying them of the time, date, and location of the proposed Project. On the date of the Appeals meeting, no one showed up to object to the project, and the board Approved the project which was completed in 2015. That area behind Third is not our neighborhood. The area behind Third is primarily made-up of leased properties with absentee landlords. In stark contrast, the Third Street neighborhood is in attendance tonight represented by Third, Richardson, Milton, Middlesex, Pilgrim and many more as you head towards the Library. . ...We are mostly, Single and two family owner occupied homes. We are not a multi-residential neighborhood. THIS is the character of our neighborhood. 2 And, our neighborhood is in the Library Area. Third Street and streets that intersect towards the library from Third, are all considered by North Andover residents to be the Library Area. I'm on Milton Street and I'm the first house that intersects with Third, about 125 feet from 45 Third Street. When I purchased my home, 39 Years ago, the real estate listing described the house as being in the Library Area. Most of us who purchased homes on Third, Richardson, Milton, Middlesex etc., also had real estate listings for their homes described as being in the Library area. When I say I'm on Milton, the answer is oh, You're in the Library Area. When 45 Third Street was listed in 2024, it too, was described as in the Library Area....... in plain view ....... right at the top.......... of every potential buyer, including the Developer. Please see Exhibit C Real Estate Listing. The letter submitted with the Developer's application states 'It is noted that many of the surrounding homes to the subject property on High Street, and neighboring roadways, are two family or larger multi-family homes. Many surrounding homes are larger multi-family homes and the proposed new structure will not result in a derogation of the neighborhood.' THAT'S NOT THIRD STREET—That's HIGH STREET and that statement is true for High, maybe, but it isn't true for Third. This is a cut and paste, of a development, on High Street. Third Street has its own characteristics as does High, but we are not the same. The North Andover neighborhoods and the Library Area each have their own characteristics, AND the Bylaws state, these need to be taken into consideration. Special Permits As I said previously, the Special Permitting on Third was mostly granted prior to 1987. These were thoughtfully done by the Owners and the Zoning Board of Appeals, with guidance from our Bylaws, protecting the character and streetscape of the neighborhood. The last one applied for was in 2015 for 33-35 Third Street, an existing two-family home that was granted a Special Permit in 1970 for a small apartment of an owner-occupied home. In 2015, the house was sold to an owner who makes a business of two families in multiple towns in Massachusetts and has multiple properties in North Andover. Said landlord applied to the Building Department for a multi residential conversion to a 4 family. The Application was DENIED by the VERY same Bylaw that this Appeal is being made. He needed a variance. He went before the Zoning Board of Appeals. After much discussion between the Board, the Owner, and a room full of abutters and neighbors who were objecting to the project, the Chairman advised the Owner to go back and resubmit his application for his project for a 3- family. At the second meeting of the Zoning Board of Appeals, the landlord was 'Denied' specifically under the same bylaw that the 45 Third Street owner is requesting 'Relief'. Additionally, he was not allowed to 3 increase the curb cut for entrance to the driveway to his existing two family. Why? Because of the traffic problem. That decision by the Zoning Board of Appeals said no. Sadly, 33-35 Third Street is THE eyesore of the street. While Third and the surrounding neighborhood do not like the way 33-35 is being kept by the Landlord and the tenants, it is appreciated that the Zoning Board of Appeals in 2015, paid close attention to the use, streetscape, density, traffic, and the neighborhood. This property was not granted ANY ability to increase units. We cannot imagine how much worse things could be at 33-35 with a 3 or 4 family. Third Street cannot possibly add one more unit of housing, one more curb cut...and this was recognized. Streetscape Many of the homes on Third street are stately Victorians and have distinctive architecture which are important to the town's history. ...including 45 Third Street. This is in stark contrast to the proposed project which includes 4 garage doors facing Third and another on Dudley. Third has one or two garages and they are so far back and so small they are hardly noticeable. At least 3 are behind the homes, and not all have garages. Third Street does not have concrete parking areas all around homes. The homes on Third are nowhere near the 120-foot stream of housing and concrete across the front property line together with 35 to 38 feet of elevation! This project brings a big dose of COMMERCIAL to Third Street. A BIG CHANGE. Third street has original character all while housing single and two families. There are no external modifications to these homes. MASTER Plan and HISTORY The Lawyer's Letter states that the proposed project is consistent with the Master Plan. Anything can fit into the MASTER PLAN it's so BIIIIIIGGGG. When the bylaws say 'provide a range of housing types'.... We know that needs to be done in conjunction with the requirements of the Bylaws. Third is in an R4 Zone, with many homes of historic value, in a neighborhood that is primarily single family homes and with two family homes, in the Library Area. The Historic Preservation Plan includes exploring potential local historic Districts or Neighborhood Conservation Districts? Included in those areas to pursue are the Library Area, Downtown, and Additional Farms. The Historic Commission has cautioned against development of homes on this street. Why would the Historic Commission be interested in our neighborhood, and particularly Third Street? They are an important part of North Andover history. Most of the homes on Third Street and Milton were built with a purpose of single-family residences for senior executives, 4 managers and administrators of the Davis and Furber Mills, officers in the military, reverends and more. Here are just a couple of examples, abbreviated. • 45 Third Street - Built c. 1890, owned by Miss Nellie Stillings, Executive Secretary who worked at the Davis & Furber Mills for over 72 years. She used to walk to work. Her family lived next door. • 54 Third Street - Built in 1905, owned by Oscar Milton Gottfried, once President of the Davis & Furber Mills. He built the house as wedding present for his wife. If you look at the house from the front standing across the street, the house looks like a wedding cake. These homes are stately Victorians that have unique architecture. They are important to the town's history. In the book, A 'Good Inland Town,' written by Stephen Roper with photographs by Gayton Osgood, many of these stately homes, and not so stately homes but equally important, are listed as examples of unique architecture built in the time of late 1800's and early 1900's. That's what the architecture is..unique. Although they were built 175 years ago, ALL these homes on Third look just as they did when built in late 1800's and early 1900's. And ALL the property around these homes has remained intact, well, for over 100 years with no exterior modifications that can be seen from the street.. WOW! Now that's remarkable! It would be wiser to not throw away an area of historic homes due to their distinctive features of architectural, cultural and history of the town. An area such as Third Street, promotes the town. Third Street makes the town a more attractive and desirable place to live and work. It's a favorite street within the area to walk, take the dog out, run, or make your way to Water Street, High Street and Downtown restaurants and businesses. This project DESTROYS North Andover Third Street, more than it supports North Andover. This project does NOTHING to add value. The only thing this project does is put money in the Developers pocket. He's gonna make a killing at the expense of the town... The losers are North Andover, Third Street, the Library Area, neighbors, and ultimately businesses. I'd like to ask the Board Members to 'take a view' of Third Street during the day, walking from the Main Street side to the terminus at Middlesex. Go halfway down Milton, turn around, and walk towards Third. So much of what the neighbors are trying to convey to you, can be seen visually. 5 THIS project IS the catalyst that will change this street, neighborhood, and area FOREVER. Third Street will never be original again and its USE and Neighborhood Characteristics will have been changed. And, all those seeking Special Permits in the future will point to this one.... Because there's 1 in the neighborhood, .......... The lawyers will say,.... there's one right here, how can you deny my client. How do we know this, its what the lawyers map Exhibit B is trying to say and it is what is attempting to be conveyed in the lawyers letter submitted with the plan. In Conclusion, I would like to review these key points Bylaw, 195-4.3 (4) — states, In making a decision, the Zoning Board shall consider the following criteria in addition to those listed in 195-10.7A • Consistency with the North Andover Master Plan — Is a negative plan ....Historic Preservation and Downtown Plan • The degree to which the application addresses the following design standards: Achieve compatibility with the established pattern of uses in the district. The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off Massachusetts Ave, and more compact neighborhoods with a mix of residential uses toward Waverly Road. New construction or substantial alteration of buildings MUST compliment and reinforce the design features of the NEIGHBORHOODS. Cant explain this any more than I have. • Achieve design compatibility with architectural features and exterior materials of surrounding structures. • Preserve existing structures of historic value. • Preserve established, mature vegetation AND Section 195-10.7 A. (1) the granting authority shall not approve any such application for a Special Permit unless it finds that in its judgment ALL the following conditions are met. 10.7 A (1) (a) —The specific site is an appropriate location for such use, structure, or condition. 10.7 A (1) (b)—The use as developed will not adversely affect the neighborhood. 6 10.7 A (1) (c) —There will be no nuisance or hazard to vehicles or pedestrians. 10.7 A (1) (e) —The Special Permit granting authority shall not grant any Special Permit unless it makes a specific finding that the use is in harmony with the general purpose and intent of this bylaw. The Proposed 45 Third Street Project has not met the criteria stated in the Bylaw, 195-4.3 nor has it met ALL of the conditions in 10.7 as required as a condition of approval. We respectfully request that the Board DENY the Special Permit applied for by this Developer. Thank you for your time. 7