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HomeMy WebLinkAbout05.16.2013 Toi,vii of North Andover fi ZONING BOARD OF APPEALS LS %AORTH Albert A Manzi 111,Esq. Chairman Associate Member V6 2 e)13 Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk Dene y Morganthal D. Paul Koch Jr. Esq. a^a a . Doug Ludgin 11 Allan Cuscia TIP S Zoning Enforcement Officer AC S Gerald A. Brown DRAFT MINUTES Tuesday, May 16,2013 at 7:00 PM Town Hall 120 Main Street,North Andover,Massachusetts Members present: Ellen McIntyre,D. Paul Koch Jr.,Esq., and Allan Cuscia Associate Member: Doug Ludgin and Deney Morganthal Also in attendance, Edith Netter Excused Absence: Michael Liporto and Richard Byers McIntyre called this special meeting to order at 7:03 Pledge of Allegiance Acceptance of Minutes for February 26 2013, April 4,2013 and April 25,2013 Koch made the motion to approve the Minutes for February 26, 2013, April 4, 2013 and April 25, 2013 Cuscia second the motion. Those voting in favor to approve the minutes were McIntyre, Koch, Cuscia, Ludgin and Morganthal 5-0 North Andover Holdings, LLC 16 Berry Street/Riding Academy Preserve,North Andover, MA (Map 106.1), Parcel 0032). M.G.L. Chapter 4013, Section 21 for a Comprehensive Permit McIntyre introduced and welcomed Advisor, Attorney Edith Netter who is provided to us by MassHousing (technical assistant program) and paid by the Commonwealth of Massachusetts. McIntyre also wanted to welcome the two peer reviewers/consultants from VHB, Timothy McIntosh (Site Design) and Howard Muise (Traffic) who were hired by the town to review Traffic and Design. McIntyre talked of the upcoming meetings regarding this project, the topic for June 13t"will be Stormwater, Conservation and Drainage, and Lisa Eggleston will be the peer reviewer/consultant and that meeting will be held at the Town Hall. The topic for June 27"'will be Sewage and Open Space and Weston and Sampson will be the peer reviewer/consultant and that meeting will be held at the Senior Center. Another meeting for July will be confirmed soon and will be put on the website. That discussion will be on the explanation and wrap up of the process. McIntyre discussed that the last meeting was continued because some abutters were never notified. Page 1 of 10 May 16, 2013 Toim of North Andover ZONING BOARD OF APPEALS VkORT#1 Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael A Liporto Richard J Byers,Esq. Clerk # Y it Deney Morganthal D. Paul Koch Jr. Esq. DongLudgin Allan Cuscia Zoning Enforcement Officer C Gerald A. Brown Atty. Regnante, representing the applicant stated that now the two abutters have been notified by mail and he gave the receipts to the Zoning Assistant. McIntyre stated if anyone who missed a meeting, and would like to hear what happened at any of the meetings,they are all recorded and can all be viewed, or you can read the minutes available. McIntyre asked if the applicants had any new material to present. McIntyre also stated that she along with the Board determines the agenda and also how the meetings should be run, and with that being said she called up VHB to speak. Tim McIntosh walked up to the podium and stated that he is with VHB and with him tonight is Howard Muise. VHB was hired by the Town of North Andover to provide a peer review of the Traffic Impact Study and Design of the Comprehensive Plans. VHB has received the following plans and documents to review: -Comprehensive Permit,prepared by GPR&dated March 26, 2013 -Traffic Impact and Access Study by MDM Transportation Consultants dated March 2013 -Traffic Impact and Access Study by Dermot J. Kelly Associates, Inc Dated December 2012 McIntosh also talked of the following two plans received and prepared by Huntress and Associates dated April 12, 2013 with regards to the Buffer Zone and also the recreation Pathway Plan. Another plan that was reviewed by VHB was the Riding Academy Development Plan-Architectural Plans, prepared by David White, dated, December 24, 2012. VHB prepared a report dated April 24, 2013 and VHB received a written response by GPR dated May 8, 2013, VHB also prepared a report dated May 14, 2013 McIntosh stated he had highlighted various points with regards to his review. McIntosh also wanted to mention that he has not seen any updated plans, only written responses. McIntosh commented on the exemption that the applicant has asked for regarding the 3 signs they are proposing. VHB suggested that these exemptions be brought to the Board for review. Page 2 of 10 May M,2013 Town of North Andover ZONING BOARD OF APPEALS t%ORTfl Albert P. Manzi III,Esq. Chairman '0 Associate Member Ellen P.McIntyre, Vice-Chairman 0 a 0 Michael P.Liporto -A Richard J Byers,Esq. Clerk Y Deney Morganthal D.Paul Koch Jr. Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer Gerald A. Brown McIntosh spoke of the vehicles turning on Berry Street onto Route 114; he also spoke of vehicles turning within the site including larger vehicles such as fire trucks, busses and dump trucks. McIntosh spoke of the amount of parking provided, and then commented that it did not meet the required standards. McIntosh spoke of the applicant's request for exemption regarding surface drainage and curbing. McIntosh also questioned and commented on the Historical Cemetery and how it will be protected, especially during the time of construction. McIntosh also spoke of the sharp curve on a portion of Berry Street and also the stone wall that is on the site and the reinstall of the stone wall. McIntosh also commented on the level of improvements and resurfacing on Berry Street. McIntosh commented on the applicants proposed plans such as, site elements, building size, and layout as well as the design. McIntosh talked of the proximity of each building to each other,the cemetery with regards to a buffer, common house and its location, how parking underneath each building should be considered, rather than just one of the buildings. McIntosh talked of the open space and various elements, regarding such things as the proposed recreational path. He also questioned landscaping and the overall intent of the project from the applicant. McIntosh asked if the Board had any questions or comments for him. Cuscia stated that he had a problem with the 21 foot setback,parking and height and felt that the applicant should reduce the size. Koch asked if McIntosh could point out on the plan where the wetlands were located on the property. Cuscia commented on the cemetery and the difficulties that could take place during a very bad snow storm, and felt some of the stones may be compromised during snow plowing. McIntosh could only comment on some of these questions. McIntosh stated some of these questions should be really answered by the applicant. Page 3 of 10 May 16, 2013 ToNm of North Andover ZONING BOARD OFAPPEALS Albert A Manzi III,Esq. Chairman ; *�°T 6 do Associate Member A. Ellen P.McIntyre, Vice-Chairman o 4 Michael P. Liporto Richard Byers,Esq. Clerk # Deney Morganthal J D.Paul Koch Jr.Esq. *' ,.°"�* Doug Ludgin Allan Ctrscia Zoning Enforcement Officer SACHU`F Gerald A. Brown McIntyre thanked Tim McIntosh and requested that the applicant can now come up to the podium and respond to these questions, comments, and suggestions fromVHB and the Board. With that being said, Cal Goldsmith, from GPR, site engineer for this project walked up to the podium. Goldsmith started by saying that he is going to discuss the site design,process and intent and also stated that they are also going to discuss the restraints they were faced with. Goldsmith stated that he hopes to answer some of the questions and comments that were raised at tonight's meeting. Goldsmith discussed in a general fashion the project along Berry Street and pointed out on the map the vernal pools and wetlands on the site. He talked of the habitat study, and also how they want to preserve an area near the wetlands for the turtles. Goldsmith talked of the area on the map that they need to stay away from. Goldsmith mentioned at one time the abutters expressed their concerns with the applicant and that they did not want to look down at a sea of buildings and that is why they decided to locate these buildings where they did. Goldsmith talked of the history of this site and past proposed projects. One proposed plan considered was a development with condos for seniors and the other was a proposed single family home development. McIntyre asked how many units were intended for these projects. Goldsmith responded 57 for the senior development and 9 for the single family Goldsmith talked of the reason for the number of parking spots and that it would give each unit a little more than 1.6 parking spots per unit. Goldsmith talked of the restraints on the land, and the areas restricted,non-disturb areas, as well as buffer zones. This is what they used as a guiding principle of where they could put the project. Also Goldsmith stated that they did try and keep a chunk of open space for this project. Goldsmith talked of why there is less parking then what is required. They stated that stormwater is a bigger issue and felt that they did not need additional parking so why put it in, it will eat into the open space, so why put pavement we don't need. Ludgin asked if this was just Phase one, Ludgin stated that maybe there are other buildable areas still remaining on the land. Page 4 of 10 May 16, 2013 Town of North Andover ZONING BOARD OF APPEALS %AORTH Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D.Paul Koch Jr. Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer CHU Gerald A. Brown Goldsmith stated no,this is it, you are looking at it. They did not want to scatter the buildings throughout the site. Cuscia asked of the setbacks and felt that they should go with a 30 foot setback, Goldsmith stated that it would be tight if they went back further because of non disturb areas, and buffers zones. Cuscia responded to Goldsmith's answer and commented that they should make these buildings smaller. Goldsmith responded no, that is not their purpose. Goldsmith talked of how tight the cemetery is and how they plan on maintaining it and allowing for a public access to it. Goldsmith talked of how they needed to apply for a permit for an archeological dig at the cemetery to investigate and determine and look to see if there are any grave shafts. The results proved none and they will be soon handing over a written report to the Board once they receive it from the company they hired to do the dig. Goldsmith talked of proposed plans on widening Berry Street and making it straight. Goldsmith talked of the highest place on the land, where the buildings would be located all the way down to where the land drops. The highest part of the land is the only place where they can accommodate a garage underneath the building. McIntyre asked if the trails are private trails or are they closed to the public. Goldsmith stated that they are for the use of those who will be living on the property, but it would be difficult to control who goes on the trail. McIntyre then asked if the Trail Committee had been contacted, or told of these trails. Goldsmith responded no,they had not contacted them as of yet. McIntyre stated she has a letter from the Housing Partnership. They are in favor of this project, but had concerns with recreation and amenities that they wanted offered to those living in this area. Goldsmith stated that they are aware of this, and will be discussing this at a future meeting. David White, architect for the applicant (GPR)walked up to the podium to discuss the buildings, elevations of the building would be 52 feet to 60 feet. He talked of those buildings with or without garages, and how the garages would be exposed. White stated that some would be 4 story buildings. He presented pictures of what these building would look like to the board. He also spoke of building codes, standards and heights. White also talked of various materials and elements used in the construction and how it fits in with the area/neighborhood. White spoke of gables, dormers and balconies that would also be built. Page 5 of 10 May 16, 2013 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III,Esq. Chairman o� 'p°v m:'ao Associate Member Ellen P.McIntyre, Vice-Chairman 0 ��� Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D.Paul Ifoch Jr. Esq. ^�q s Doug Lndgin Allan Cusci(t r' ° a*�aW"`" < Zoning Enforcement Officer ACHU$� Gerald A. Broivu McIntyre asked how this project's design would fit in with the area. White responded that it is more of the materials and elements being used. Howard Muise walked up to the podium and stated he works at VHB and is the Transportation Planner. Muise stated that he reviewed the differences in the MDM plan and the DJK Plan. Both studies were done in a professional manner. Muise stated he was going to talk of"Level of Service" and also wanted to explain to the Board first what that term, "Level of Service" means. Muise explains it is somewhat like a grade that one would get on a report card. In this case it is the measure they use to evaluate how well an intersection is operating. It is used on a scale of A-F. Acceptable would be A-D, unacceptable would be E and F. Anything E-F would be looking for improvements. Muise compared both studies and discussed the differences. Left hand turns onto Route 114 were discussed and MDM gave this level of service a D, and DJK gave it an F. Muise also talked of the projected distribution of project generated traffic. The DJK study assigns 52%of the project to the North on Route 114 and 48%to the south. The MDM study uses 80% to the north on Route 114 and 20%to the South. Muise stated that VHB had various questions regarding the level of service analysis for this intersection. Such as peals hour factor 1.00 used for all approaches. A peals hour factor of 1.0 would tend to result in less delay and better level of service. Muise questioned if heavy vehicle factors were used in this analysis. Muise questioned the width of the Sutton Hill Center drive way and finally questions regarding left hand turns, both north and south bound, along with the two way left hand turn. McIntyre asked how they can make the level F grade better. Muise answered traffic signals would help. Koch asked of the grades received by both MDM and DJK. Cuscia asked where they look at accident counts in the area. Muise responded that they look at 3 years of MassDot. MassDot gets reports of accidents. Based on a question that McIntyre asked regarding traffic, Muise stated that they used data based on a 2000 Census. Page 6 of 10 May 16, 2013 Town of North Andover ZONING BOARD OF APPEALS ttORT#1 Albert P.Manzi III,Esq. Chairman Associate Member A, Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto Richard J Byers,Esq. Clerk Den ey Morganth a/ D.Paul Koch Jr.Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer A U Gerald A. Brown Muise talked how they hire people to manually count the number of people on the road, as well as the turns taken, and time it takes to make the left turn. Morganthal asked of the wait on the turn to Muise and grades given. Ludgin asked if there was adequate room to widen the road. Muise thought they did and possibly could widen it. Ludgin also asked of the kink in the road on or near Berry and Route 114. Muise stated that they plan to pull that part of the road back to make it straight. Muise stated in that area Route 114 was relatively straight. McIntosh walked back to the podium and answered some question regarding traffic within the site. Ludgin was concerned with maneuverability, dumpsters, and pedestrian traffic. Ludgin asked how pedistrians could get around within and outside of this complex. McIntosh stated they looked into this with various sizes of vehicles and they made some suggestions to the applicant. Edith Netter spoke up and wanted to make sure Ludgin got his questions answered regarding pedestrians access within and outside of the property. McIntosh stated that there are no sidewalks on Berry Street but they will have sidewalks within this site. Robert Michaud,Managing Principle and Consultant of MDM walked up to the podium. Michaud stated that their study went along with industry standards. Michaud stated that they don't rely just on computer studies and models but take what they call a Reality Check. Michaud stated that he feels very comfortable with his study. He talked of taking left hand turns and the time it takes to take a left hand turn. On an average it takes about 30 seconds to take the turn. Michaud showed a conceptual drawing to the board and the audience and the difficulties in making a left hand turn at a specific area on Berry Street. Michaud discussed the visibility, maneuverability and also the curve on Berry Street. He also spoke that safety is a very important element to this project. Michaud spoke of how they want to make improvements with the suggestions from MassDot. He compared the improvement to Johnson Street. He talked of just taking an exclusive left hand turn, also having a two way left hand turn. He also talked of a raised island on Berry Street. Page 7 of 10 May 16, 2013 Town of North Andover ZONING BOARD OF APPEALS t%0RTFj Albert A Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairnian 0 I. Michael A Liporto Richard-1 J. Byers,Esq. Clerk Deney Morganthal Doug Ludgin D. Paul Koch Jr. Esq. Allan Cuscia -T.P Zoning Enforcement Officer Ss Gerald A.Brown Michaud thought that some of these changes would create a"D" level of surface. Michaud thought they might be considering a specific driveway with only access for only emergency vehicles. He also stated that this applicant wants to have solutions to make this project better and safer, such as to widen the road. They have also discussed these issues and suggestions with Town Engineer. McIntyre asked of the grade given, Michaud stated it was a D. Michaud also asked of the differences in both the studies. McIntyre also asked of the traffic signal, Michaud stated that there are procedures and guidelines they need to go by with MassDot when installing traffic lights. McIntyre was talking of other various traffic flows and patterns other than Route 114. Michaud stated that they did not think there would be any measurable impact that is worthy of study on this part of the road that would require a study. Michaud stated that it is difficult to make studies with every instance. Morganthal asked of large vehicles and safety vehicles and how they can turn on to Berry Street from Route 114. He wanted to know Michaud's thoughts on it. Michaud stated that they ran models on this and that these vehicles have specific maneuverability, what they want to provide for, is for this to actually occur. He also stated that safety vehicles can encroach on the road especially if a safety vehicle has their sirens going. Koch questioned the signal warrant analysis, Koch said that based on what we were told regarding traffic signals, we don't seem to have enough left hand turns to warrant a traffic signal, is that correct Koch asked Michaud. Michaud agreed. McIntyre stated that we will have a 5 minute recess. When the Board returned McIntyre said it is now time for the abutters to speak. Richard Mazzocchi, of 15 Stonewedge Circle stated that he felt that this project is not appropriate for the site. He showed pictures of the neighborhood and of the area stating that this project is not characteristic at all, or consistent for an area that is on a rural country road with single family homes. He disagreed with the person who said that this project fits in with the area. He also talked of all the waivers requested on this project. Page 8 of 10 May 16, 2013 Town of North Andover ZONING BOARD OF APPEALS OoRra Albert P. Manzi III,Esq. Chairman ��,"P.0 " Associate Member Ellen P.McIntyre, Vice-Chairman o� ,..6 we Michael P. Liporto Richard J. Byers,Esq. Cleric it Deney Morganthal D. Paul both Jr.Esq. a Doug Ludgin .x«uwwx.a 4. Allan Cuscia � ' Zoning Enforcement Officer S C"'US Gerald A. Brown Mazzocchi also stated that he was not happy with the setbacks that they are planning. Mazzocchi also stated that he was frustrated and felt that the applicant has not worked with the abutters. Kathleen Szyska, Chairwomen of the Historical Commission spoke of her concerns with the old burial ground. Szyska spoke of the need of a 25 foot buffer Zone on all four sides. Szyska also was concerned if water got into this cemetery. She requested that the applicant maintain this area with low maintenance shrubs and also requested an access into this burial ground for the public to honor these soldiers. Szyska respectfully requested the buffer zone, low maintenance shrubs and access (egress) with pavement or stone leading into the burial ground. Szyska also asked the applicant to take an interest in honoring these soldiers that fought in three different wars, French and Indian War, Revolutionary War, and Civil Wars. Koch asked Szyska what her vision was for the cemetery's buffer zone, Szyska responded back saying she wanted a buffer zone and low maintenance shrubs to absorb any water problems. Szyska stressed her concern about water damage within this 1 acre cemetery. Ludgin asked Szyska how she supports her 25 foot buffer zone at the cemetery. Szyska spoke of what was called an `Antiquity Law"and it is not exactly written as a 25' foot buffer, but does request that "a good healthy buffer zone" is needed. Judy Ferres, of 31 Oxbow Circle talked of where she lived as well as the traffic study. Ferres spoke of the many people who travel these roads and the traffic conditions, as well as various intersections. She wanted a full traffic study of the area as well as Colonial Ave. She felt Colonial Ave will be impacted especially when they take a left turn. Ferris felt many considerations must be taken and feels it is extremely unsafe and wants the peer reviewers to also look at the impact in other areas, and various intersections in the neighboring area and especially Colonial Drive. Steve Gordon, 133 Campbell Road spoke of the traffic and evidence used on the traffic study from peer reviewers. He questioned the safety record model, (Johnson Street). Patrick Levey, of 259 Campbell Road commented on traffic study and the very high volume on Route 114. Levey stated that Route 114 is considered to be one of the highest traffic volumes in the Merrimack Valley. He mentioned the left hand turns that have been discussed throughout the meeting as well as the double left hand turn that was talked of and discussed by the consultants. He stated that he and a group of people with concerns about this project did their own traffic study with regards to turning onto Route 114. The results were a much longer wait time then what was stated by the consultants. More information should be provided from other intersections in the nearby area as well. Page 9 of 10 May 16, 2013 Toii,n of North Andover ZONING BOARD OF APPEALS 00RT#1 Albert A Manzi III,Esq. Chairman 0 Associate Member 4 Ellen A McIntyre, Vice-Chairman Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. Doug Ludgin Allan Cuscia 'V0 Zoning Enforcement Officer V US Gerald A. Brown He also thought the idea of putting an island in as suggested earlier would only make the street narrower than it already is today. He asked that the applicant come up with a better solution. Gene Sullivan, 28 Stonewedge Circle, stated that he is also a Civil Engineer, and has worked on 40B projects. Sullivan stated that this project is way too much for this area. Sullivan talked of the setbacks and all of the waivers that have been requested form the applicant. He felt that this applicant has not tried to meet some of the Zoning requirements. Monica Carpenter, 72 Windsor Lane stated she is very concerned with the safety of the children and all of the neighbors. She felt that financial gain should never come in front of safety. Eric Loth, Project manager for North Andover Holdings LLC, thanked the Board and audience as well. Loth stated that they feel it is an appropriate project for the site, but they also take into consideration the concerns of the abutters very seriously regarding traffic and safety. McIntyre wanted to remind everyone that the next meeting is June 13th at 7:00 and will be here at Town Hall and the topic will be Conservation and Drainage. Koch made a motion to continue the hearing till June 13, 2013, Ludgin second the motion All in favor to continue the meeting were McIntyre, Koch, Cuscia, Ludgin and Morganthal 5-0 Adiournment: 9:56 Page 10 of 10 May 16, 2013