HomeMy WebLinkAbout10.01.2013 Toivn of North Andover A101
ZONING BOARD OF APPEALS
43
Albert A Manzi 111,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
S C14US
Gerald A. Brown
DRAFT MINUTES
Tuesday, October 1st, 2013 at 7:00 PM
Senior Center 120R Main Street, North Andover, Massachusetts
Members present: Ellen McIntyre, Richard Byers D. Paul Koch Jr.,Esq., and Allan Cuscia
Associate Members Michael Liporto and Deney Morganthal
Also in attendance: Curt Bellavance
McIntyre called this special meeting to order at 7:01
North Andover Holdings,LLC 16 Berry Street/Riding Academy Preserve, North Andover,MA
(Map 106.1), Parcel 0032).
M.G.L. Chapter 40B, Section 21 for a Comprehensive Permit
McIntyre stated tonight that the topics will be the review for Sewage, presented by Weston and Sampson
and also an update to get everyone up to speed from Curt Bellavance regarding this project.
With that being said Tara McManus,project manager from Weston and Sampson out of Peabody walked
up to the podium.
McManus stated that they reviewed the development in regards to sewage and did not find any negative
impact. The present system was adequately sized with no major concerns. McManus briefly spoke of the
calculations used, flow rates, and present pipes and that the review and calculations were based on 250
units.
McIntyre asked the Board if they had any questions.
McIntyre also stated that Tim Willet, Operation Manager for the Town of North Andover is also here
and has a detailed report with regards to sewage.
McIntyre asked Curt Bellavance, Director of Community Development in North Andover to bring
everyone up to speed.
Bellavance stated that the last meeting we had with evidence presented was July 23,d
Bellavance also spoke of the meeting in July between various departments in town to make sure
everyone was on the same page with this project.
He also spoke of the August 13th work-shop with the staff and the applicant. At that workshop they
talked of various issues and concerns that the Board and the Berry Street Association raised at various
meetings.
Page I of 5
October 1, 2013
Town of North Andover
ZONING BOARD OF APPEALS
OORTH
Albert A Manzi III,Esq. Chairman
Associate Member
Ellen P.McIntyre, Vice-Chairman Michael P. Liporto
Richard J Byers,Esq. Clerk Deney Morganthal
D. Paul Koch Jr. Esq. Doug Ludgin K.
Allan Cuscia Zoning Enforcement Officer
A US Gerald A. Brown
Bellavance stated that they had a follow up workshop on September 9t" with staff and applicant.
Bellavance spoke of the various conceptual plans that were proposed and also stated that the applicant
had work-shops with some of the Berry Street Association. Bellavance spoke of how the staff gave
feedback to the applicants regarding the plans.
Bellavance also spoke of Conceptual Plan#3 that was submitted last week at the office.
Bellavance stated in summary that this is what has been happening in the last few months regarding the
Berry Street project.
McIntyre stated that originally the applicant wanted to continue this hearing for another night,but
McIntyre felt it was important to bring in this new evidence they had in regards to Sewage, workshops
and meetings to everyone.
Koch questioned how the workshops went with the neighborhood and the applicant. Bellavance stated he
has talked to some of the neighbors about various issues and concerns, but did not attend the meeting
between the applicant and the neighborhood, so he did not have a sense of what these meetings were
about.
Byers questioned Bellavance on the number of affordable units and how they were calculated and added
into the town's calculations. Bellavance stated we have about 7% units that are affordable,that is once
all the units from Stevens Comer are added into the calculations. Bellavance stated that the town is still
under 10%.
Bellavance spoke of the differences between rentals and home ownership. Rentals are counted in as
100%towards the affordable calculation, but owner affordable homes, only count in the affordable units
and not the total development.
McIntyre turned over the floor to the applicant.
Atty. Regnante walked up to the podium and wanted to discuss with the Board the newest conceptual
plan and compare the other conceptual plans.
McIntyre spoke up and stated that she was not planning on, or was she or the Board prepared on hearing
about the new design(s), since it was not on the agenda. She reminded Regnante that he originally
wanted to cancel the meeting, so that is why this hearing tonight was just on sewage and getting
everyone up to speed on what has been taking place at these workshops and various meetings.
McIntyre reiterated that she at least wanted to present and get the Board up to speed with the information
that they had already.
Eric Loth immediately walked up to the podium and wanted to answer Koch's question regarding the
workshop.
McIntyre stated that she would like to hear from the neighborhood first,with regards to the workshops.
Page 2 of 5
October 1, 2013
Toi4,n of North Andover
ZONING BOARD OF APPEALS
ttORTFi
Albert A Manzi III, Esq. Chairman 6��o Associate Member
Ellen A McIntyre, Vice-Chairman to Michael P. Liporto
Richard Byers,Esq. Clerk V ^ Deney Morganthal
D. Paul Koch Jr. Esq. xo IA, # Doug L udgin
Allan Cuscia A Zoning Enforcement Officer
A tjsf Gerald A. Brown
With that being said, Jeff Moon, of 141 Berry Street, President of the Berry Street Association walked
up to the podium and spoke briefly of what took place at some of the meetings (workshops) with the
applicant. He spoke of the conceptual plans that were presented at these workshops. Moon also stated he
did appreciate that the applicant accommodated them and took time to listen to their feelings, concerns
and suggestions.
Moon stated that we have had discussions with the applicant and they've been frank discussions. Moon
said the applicant has what they want but we have our concerns.
Moon stated that he and the neighbors still have some genuine concerns with this project. Moon listed a
few of the concerns such as height, number of units, environment, traffic, safety as well as the impact on
the neighborhood and community and the appropriateness of the project itself. Moon went on to say that
we have residents who have lived in this area a long time and are concerned about the impact.
Moon stated that he wants to have continued dialogue with the applicant. Moon wanted the Board to
know that this information was reported back to the rest of the neighborhood (since not everyone
attended these workshops). Moon is hoping that they could eventually share a common ground that
everyone will be satisfied, between the neighborhood and the applicant.
McIntyre asked Moon when they met for these meetings. Moon responded in June, August and
September.
Cuscia asked Moon what kind of feedback did he get from the neighborhood, Moon responded that it
was a healthy feedback, but it is also an emotional issue as well for some of the residence.
Cuscia then asked where the meetings were held, Moon responded at the office of North Andover
Holdings.
Koch praised Moon for using positive words and also wanted to thank him for taking the effort to
represent the neighborhood. Koch felt encouraged and please by what he heard from Moon.
Moon stated that there is still a divide amongst the Association. Moon stated he is trying to bring the
voice of others to the applicant, since be represents the Association
McIntyre asked if another workshop was planned, Moon responded that they would most likely have one
in a week or two.
Koch thought that Loth may want to respond back to the Board regarding the workshops with the Berry
Street Association and neighborhood.
Page 3 of 5
October 1, 2013
Town of North Andover
ZONING BOARD OF APPEALS
V%ORTH
Albert P.Manzi III, Esq. Chairman 0 Associate Member
Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto
Richard J. Byers, Esq. Clerk Deney Morganth(it
D. Paul Koch Jr. Esq. Doug Ludgin
Allan Cuscia Zoning Enforcement Officer
Ac U Gerald A. Brown
Loth walked back to the podium and spoke of the work-shops and also various designs that possibly
would give the property more open space. Loth spoke of the concerns with Conservation. He also spoke
of a second conceptual plan that Eggleston and Conservation gave a favorable feedback. Loth spoke of
opening up a vista and how various building would be relocated.
Loth showed that conceptual plan to the abutters, but they did not share the same feeling as Eggleston
and Conservation. With that the applicant felt that they should go back to the drawing board. Loth stated
that all these plans are conceptual. Loth stated that the 3`d plan seemed fairly positive with the
neighborhood, but they still had concerns with safety and traffic.
Loth stated not only does everyone around here have to live with what we build, but we're going to have
to live with it too.
Cuscia asked of the number of units of the newest conceptual plan along with how many units for 1, 2 or
3 bedrooms (what would the breakdown be).
Loth responded to Cuscia that their will be about 216 units, but could not give a definite answer on how
many 1, 2 and 3 bedroom units would be available.
Byers asked Loth to point out on the conceptual map where the cemetery was located. Loth showed the
Board the exact spot of the cemetery on the plan.
Loth stated that they want to minimize the impact of this project to the neighborhood, and town.
Hopefully it is something that everyone can get behind and agree upon.
Byers expressed concerns with the rest of the property, and if they intended to build further into the
property in the future.
Loth stated that Conservation talked of restrictions on the open land, this is still under consideration.
McIntyre stated that they could add conditions to the Decision.
Loth spoke of meeting with the Town and neighbors for further workshops before the October 22 d
meeting.
McIntyre and Byers spoke of trails with Loth.
Cuscia expressed his concerns with having one entrance on the property. Cuscia stated that the traffic tie-
up on Berry Street will be a nightmare.
Cuscia spoke of the traffic coming and going from the property, during high peak times. Cuscia did not
buy into what the Traffic Engineers presented regarding the traffic flow. Cuscia had his doubts
regarding these reports that were discussed and presented at past meetings.
McIntyre talked of the next meeting, Tuesday, October 22°d and also that Edith Netter will be attending
Page 4 of 5
October 1, 2013
Totij,n of North Andover
ZONING BOARD OF APPEALS
00RTly
Albert P.Manzi III,Esq. Chairman d�ti o Associate Member
Ellen P.McIntyre, Vice-Chairman 0 Michael P.Liporto
Richard J. Byers,Esq. Clerk * Deney Morganthal
D. Paul Kocli Jr. Esq. no �� Doug Ludgin
Allan Cuscia �SS g
�*.a c Zonin Enforcement Officer
ACwu���
Gerald A. Brown
Acceptance of Minutes July18,2013 and July 23, 2013 and Sent 17tf,2013
Byers made the motion to approve the Minutes for July 18, 2013,July 23, 2013 and Sept 17`x', 2013
Koch second the motion.
Those voting in favor to approve the minutes; McIntyre, Byers, Koch, Cuscia, Liporto and Morganthal
Byers made a motion to continue till October 22nd at 7:00 pm
Koch second the motion
Those voting to continue till October 22nd; McIntyre, Byers, Koch, Cuscia, Liporto and Morganthal.
Adjourn Meeting
Cuscia made a motion to adjourn the meeting.
Byers second the motion
Those voting in favor to adjourn were McIntyre, Byers, Koch, Cuscia, Liporto and Morganthal
Adjournment: 7:45
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October 1, 2013