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HomeMy WebLinkAbout02.11.2014A To-",n of North Andover /0 ZONING BOARD OFAPPEALS ORTH ,I Albert A Manzi III,Esq. Chairman V% Associate Member -i- Ellen P.McIntyre, Vice-Chairman Michael A Liporto Richard J.Byers, Esq. Clerk Deney Morganthal D. PaulICoch Jr. Esq. Doug Ludgin Allan Cuscia 'q °"ArgD Zoning Enforcement Officer sACMU Gerald A.Bro►vn DRAFT MINUTES Tuesday,February 11,2014 at 7:15 PM Town Hall 120 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 Edith Netter, Curt Bellavance McIntyre called the special meeting to order at 7:15 Acceptance of Minutes for January 28th,2014 Byers made the motion to approve the Minutes Koch second the motion. Those voting in favor to approve the minutes; McIntyre, Byers, Koch, Cuscia, Liporto and Morganthal 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 Tonight will be the drafting of the decision. McIntyre spoke of how tonight's meeting will proceed,we will discuss the Decision for North Andover Holdings. McIntyre reintroduced Edith Netter and stated that she has been our advisor,hired by the Board for these hearings/meetings to guide us. Netter directed the Board to the first proposed Decision Draft that she submitted on February 7"12014 to the Board. Netter went on to say that the way she proposes to do this would be to focus largely on the conditions and waivers, and as we read each one (if everyone agrees)we can discuss and then get the Boards comments and inputs.Netter asked the Board if they felt that this would be acceptable to them. The Board went along with Netter's suggestion. McIntyre wanted the Board to know that no new evidence will be heard tonight. This is the Board time to discuss the Decision. Byers stated he did read something in the Lawrence Eagle Tribune on the Historical Farm House that is located on the property, and asked if it will be discussed tonight. McIntyre stated yes, we will discuss that, and Bellavance may have something to tell us to bring us all up to speed regarding the Historical Farm House. Page 1 of 9 February 11, 2014 Toren of North Andover ZONING BOARD OF APPEALS NoRrw Albert P.Manzi III,Esq. Chairman °��,,as �,ao Associate Member Ellen P.McIntyre,Vice-Chairman a Michael P.Liporto Richard J.Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. ^Q� , „ . ,�"" Doug Ludgin Allan Cuscia ATE 4�y Zoning Enforcement Officer Gerald A.Brown Bellavance stated that he talked to Kathleen Szyska from the Historical Committee. The Committee just met yesterday and this was on their agenda. Since they just met they have not been able to get into the house, the Historical Committee wants to reserve their decision until they are able to get into the house to see if this house holds any historical significance, and also possibly meet with the developer. Procedural History Netter spoke generally of the Procedural History of this project along with all the changes such as the number of units that went from 240 units to 196 units. Netter spoke of all the various submissions and various dates submitted. Netter stressed the process and importance and review of all submissions along with the final plans. Netter also spoke of the conservation constrictions. Netter commented on the applicant's consultant that was originally used,DJK. Netter stated DJK was used by the applicant for the traffic study. McIntyre interjected and stated that MDM eventually took over for DJK because of vacation conflicts. Netter listed in her draft all of the dates of the meetings,Netter stated that this project's hearings closed on January 28th, 2014 but keeping a portion open for the sole purpose of receiving feedback from the North Andover Historical Commission, regarding the historical significance on the Old Farm House. Findings Netter spoke generally of the Findings on her draft, and how the Town does not have 10%of its total housing units available to low and moderate income households. As it stands now it is about 6.12%. Netter spoke of the history of the project in the past year and how it was originally 5 four-stories each with 48 dwelling units. Netter stated that the project is fundable by a subsidizing agency in compliance with 760 CMR 56.04 (1) (b) Netter stated that 25% of the routs will be restricted for rental households earning at or below 80% of the area income. Netter continued on to say that the applicant has stated that the project includes 16.85 buildable acres and that the remaining is wetlands, floodplain and land subject to Conservation Restrictions. Netter spoke of a letter dated October 6, 2011 regarding the habitat of the Blanding Tuttle and 3.98 acres of a conservation restriction is required. Netter spoke of the letter from Weston& Sampson dated September 17, 2013 and that the pumps in the sewer systems are of adequate size and capable to handle the estimated increase. Netter asked to the Board again if they would like her to read all the items to them or would they like to read it on their own. Koch thought the flow would be better if Netter read each one to them. Page 2 of 9 February 11, 2014 Town of North Andover ZONING BOARD OFAPPEALS tAORTH Albert P.Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman Michael P.Liporto Richard J.Byers,Esq. Clerk DeneyMorganthal D. Paul Koch Jr. Esq. Doug Ludgin Allan Cuscia Al' Zoning Enforcement Officer Gerald A.Brown Decision Netter read off the following to the Board; "Pursuant to the Act, the Board, after convening a public hearing and making findings of fact, grants a Comprehensive Permit to the Applicant for the construction of one hundred ninety-six (196 ) units of rental housing, a community house and a swimming pool with associated infrastructure improvements, subject to the conditions listed below." Netter then continued to read each of the conditions to the Board. Conditions Netter wanted the Board to know that Bellavance gave her a lot of helpful input into this Draft. Netter questioned the Board as to what extent does the Board want to give a review and approval, or should it be done by Community Development and appropriate Departments and staff. Byers and Koch agreed that the staff should do the review and approval since they are the experts,but McIntyre stated that she wants to stay in the loop. Netter stated that she will put some language in the Decision to make sure there is some correspondence to keep the Board all abreast on the project. Netter spoke from the draft and the construction of the project; she stated that the plans are subject to review and approval. She spoke of the number of units would now be 196, and parking will have at least 130 underground parking spots, but no more than 231 surface parking spots. Netter read from the draft and listed the number of units; 65 units will have no more than I bedroom, 18 will have no more than I bedroom plus a den, 95 units will have 2 bedrooms and 18 will have no more than 3 bedrooms. Netter questioned to the Board on exactly what type of language to use on listing the units. The Board suggested more exact language and to take out"no more than"in the Decision. Netter continued reading from the draft; "that with respect to the Applicant's request for Waivers from local bylaws and regulations,the Board approves those waivers listed in Attachment I and only to the extent necessary to build the project as shown on the Site Plans" Page 3 of 9 February 11, 2014 Toim of North Andover ZONING BOARD OF APPEALS 00RT#1 Albert P. Manzi III,Esq. Chairman Associate Member Ellen P.McIntyre, Vice-Chairman to Michael P.L iporto Richard J Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. DougLudgih Allan Cuscia Ano Zoning Enforcement Officer ACHU Gerald A. Brown The school bus stop was also listed on the draft and that it will be determined on an annual basis by the North Andover School Department. Housing Netter stated that 49 units will be reserved as affordable units. The town of North Andover will have first preference. Koch stated he wants to be more explicit on the draft as far as the median income.Netter stated it changes every year. Koch suggested she could use an actual date, to make it"as of this date."Netter stated she can do that. Koch thanked Netter. The town of North Andover will have first preference, employee of businesses located in the Town and also those who work in the Town of North Andover or households with children who are attending school in the North Andover School District. McIntyre asked if a preference for renting these apartments could be given to veterans.Netter stated that she would need to look into that. Netter stated that if the lottery is won by a handicap person then the applicant will need to make that affordable unit handicapped and available to that person Architecture Netter spoke of the building and units and that the building and units shall conform to the architectural plans. The exterior material will be subject to review and approval by the Community Development Departments. Netter mentioned materials including clapboard, shingles, and stones, Netter stated that no vinyl siding should be included into the construction. The Board discussed plans, reviews and requirement, as well as the language to be used into the decision that they want to see from Netter. Bellavance stated that the Building Department will need to review the plans before any permits are given. Open Space and Landscaping Netter spoke of the 11.98 acres proposed to be subject to Conservation Restrictions, and also prohibiting restrictions on additional building on actual open space. Netter stated that she still needs to work on the language for the restriction of this open space. Cuscia asked of the 2 lots,Netter stated that they are not part of this project. The Board and Netter questioned and discussed open spaces, impervious surfaces, and the possibility of extra parking, recreation,passive spaces, active spaces, and conservation restrictions. Page 4 of 9 February 11, 2014 Town of North Andover ZONING BOARD OF APPEALS "0R'r#J 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 SS S Zoning Enforcement Officer Gerald A. Brown Infrastructure The following portions of the Project shall be and shall remain forever private and the Town shall not have, now or ever, any legal responsibility for their operation,maintenance and repair. The applicant shall operate and maintain or repair all items listed. Maintenance or repair: such as stormwater management system, interior road, driveways and park-ways, open spaces, including landscaping, snow plow removal, sewer, water connections, lighting, and disposal of trash,utilities, and site utilities including the Berry Street Cemetery. Koch stated he wants a guarantee in place that will prevent the complex from not ever being maintained properly and possibly deteriorating over time. Netter responded that rental property is different from condominiums. Koch was also concerned if the property gets sold. Cuscia stated if there was a problem then either the Board of Health or The Building Department will enforce it. Cuscia felt that this would not happen, and felt that tenants would make sure that the property would be maintained and any problems fixed. The tenants could withhold their rent (in escrow) if they are not maintaining the property. McIntyre interjected stating that if the owner does not comply and meet conditions the board could take legal action. McIntyre stated that the Town could also have some guarantee by requesting a performance type bond from the applicant/developer. Cuscia stated that we cannot control everything. Cuscia stated that it is very likely,that the tenants may form a tenants association, to make sure that this property is maintained and-updated properly. The Board discussed in length how rules and conditions will be adhered to in the future. Bellavance stated that various departments would ensure that things are updated and maintained. Netter stated she will add more language to this to make it more specific. Koch and Morganthal spoke of using a set of standards. McIntyre stated that she was not on board with having a set of standards. The applicant shall provide and pay for all necessary work such as surveys and legal work as needed and would be determined by the DPW. Page 5 of 9 February 11, 2014 Town of North Andover ZONING BOARD OF APPEALS 0oRr#1 Albert A Manzi III,Esq. Chairman v Associate Member Ellen P.McIntyre, Vice-Chairman c � 0 t Michael P.Liporto Richard J» Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr.Esq. "o� . ,a"" Doug Ludgin Allan Cuscia �q�°"Arm r . Zoning Enforcement Officer RCHUSfw Gerald A.Brown The Board discussed and questioned the sewage system, reviews and then also questioned if cost exceeds over $15,000.00. Koch was still concerned with the project declining over time. Koch was very concerned with safeguards being put into the decision. McIntyre stated to Koch that we may find the answer as we read more into the decision. Pre Construction Review Netter spoke of one of the conditions to provide a performance guarantee in an amount to be determined by the Town Engineer which would help to guarantee completion of work in accordance with plans. Bellavance spoke of the bond and explained to the Board and Netter that it would be determined by the Town Engineer and also approved by the Board if they agree with that amount from the Town Engineer. Netter wanted Belevance's thoughts if they want a Performance guarantee in the language or Bond. In the end Netter, Bellavance and the Board thought"Performance Guarantee" would work best. Construction Netter spoke of the conditions during construction and how construction would be limited to days and times (operational hours).Netter spoke of the required erosion control and it was insisted that construction be completed within a certain amount of time. Netter spoke of reducing noise level during construction, dust control, stockpiling and how this should be all fenced off to minimize the dust and other problems Netter spoke of a monthly report be submitted by the applicant to the Building Inspector. Cuscia stated he does not want the neighbors to be stuck with holes in the ground or an incomplete foundation. He stated if the project starts it must be completed fully. Bellavance stated if the Applicant revises any plans it would be up to the Board to decide if the developer/applicant are making a major or minor change. Pre—Occupancy Permit Review Netter read the following to the Board; "Prior to issuance of the Certificate of Occupancy for the final building the Applicant shall submit an as- built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, Page 6 of 9 February 11, 2014 Town of North Andover ZOATJATG BOARD OF APPEALS V%ORTil Albert P.Manzi III,Esq. Chairman "t 20 6 Associate Member Ellen P.McIntyre, Vice-Chairman to Michael P.Lil)orto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. DougLudgin Allan Cuscia Zoning Enforcement Officer 14US Gerald A. Brown including storm water mitigation,trenches and the inverts of all subsurface drainage structures and other pertinent site features. This as-built plan shall be submitted to the Town Engineer and the Inspector of Buildings for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The Applicant shall also submit a letter from the Project architect and engineer stating that the building,landscaping and site layout comply with the Plans as approved by the Board". General Netter recommended that the Board read this on their own,items 29-35 Netter read the following to the Board "This Comprehensive Permit shall expire if construction is not commenced within three years from the date this decision becomes final as provided in 760 CMR 56.05(12)(c), and subject to the tolling provisions of 760 CMR 56.05(12)( c). For purposes of this paragraph, commencement of construction is defined as the construction of the foundation of at least one of the Project's buildings. The Applicant may apply to the Board for reasonable extensions to this Comprehensive Permit for good cause". Again Cuscia commented on this project starting and not completing. McIntyre wanted the wording to be more defined. Completion Bonds were discussed by the Board,Netter and Bellavance. WAIVERS Netter sun-nuarized the waivers to the Board. The Board questioned Netter if they need to vote on each waiver tonight. Netter responded no. Section 5 —Earth Removal Activities: Requested: Allow for removal of material and other earthwork,as required for construction without the requirement of a local permit. Section 6.6 (A)—Permitted Signs,Residential District—Accessory Signs: Requested: Three proposed"entrance signs", one along Salem Turnpike and two at the main entry off Berry Street, each consisting of a 15± square foot main sign with a 61 square foot contact information sign underneath as shown on the"entrance sign" detail on the Permit Plans. Additional site interior signage as shown on the "miscellaneous signage" detail is proposed on-site along with standard traffic signs. Page 7 of 9 February 11,2014 Town of North Andover ZONING BOARD OF APPEALS OORTH Albert P.Manzi III,Esq. Chairman 4, Associate Member - Ellen P.McIntyre, Vice-Chairman 0 Michael P. Upoi to Richard J Byers,Esq. Clerk Deney Morganthal D. Paull(och Jr. Esq. Doug Ludgin Allan Ciiscia 4r.o Zoning Enforcement Officer C U Gerald A. Brown McIntyre expressed her concern with the amount of signage, as well as the sizes of the signs. McIntyre did not mind the 15 foot sign along Route 114, and also the contact information attached to each sign. McIntyre objected to the 2 signs at the entrance way and felt only one sign would be necessary, she also felt the size of the entranceway signs were too large. Koch did not object to the amount of the signs but did not want them to exceed more than 10 feet on the facility. McIntyre wanted to make sure that none of these were internally illuminated signs. Section 8.1 (4) - Off-Street General Parking Regulations: Requested: A minimum of 1.6 total on-site parking spaces per dwelling unit,regardless of bedroom count, to serve the four multi-family residential buildings, common house, compactor/recycling area, and historic cemetery. Section 8.1 (5)(A)—Dimensions of Parking Spaces and Maneuvering Aisles: Requested: Maneuvering aisle width of 24 feet for two-way traffic. Section 8.1(5)(C)—Entrance and Exit Driveway: Requested: A 72±foot width of the driveway at the street line, supporting two 20 foot wide one-way travel lanes, a 12 foot wide landscape island, and a 25 foot curb radii. Section 8.3 - Site Plan Review: Requested: To file no application for Site Plan Review,with review of the proposed development to be by the Zoning Board of Appeals under MGL Chapter 40B. Table 1: Summary of Use Regulations (Also See Section 4.12): Requested: Construction of four multi-family apartment buildings on a single lot consisting of 196 total units. Cuscia stated he has a problem with Table I Table 2: Summary of Dimensional Regulations: Requested: Construction two four-story buildings (Building B &Building D) which measure 59'-0" from finish first floor to the roof peak, and construction of two three-story buildings (Building A & Building C) which measure 48'-0"from finish floor to roof peak. Building height as defined by the North Andover Zoning Bylaw is measured from average finish grade surrounding the building as follows: Building A: 49.51 feet Building C: 51.0±feet Building B: 64.6± feet Building D: 64.81 feet Cuscia stated he has a problem with this as well. Page 8 of 9 February 11, 2014 Tbim of orth Andover ZONING BOARD OFAPPEALS OORTH Albert P.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 twK. Allan Cuscia Zoning Enforcement Officer rap HU Gerald A.Brown Requested: Construction of Common House building located 55.0±feet from the Route 114 right-of- way property line. GENERAL BYLAWS OF THE TOWN OF NORTH ANDOVER: Chapter 82—Demolition Delay: Requested:No review by the North Andover Historical Commission for the demolition of dwelling denoted as#16 Berry Street,which is in part constructed in 1825 per Assessor's records. Board did not want to waive this item. Chapter 154—Sewers': Requested: The connection of a sewer line from the subject site into the common sewer system of Turnpike Street (Route 114), and the construction of public sewer manholes and sewer mains within the Berry Street right-of-way to complete said connection. All work to be performed by a sewer drain layer licensed by the Town of North Andover,to the extent applicable. All work to be performed under the direction of the Director of Public Works,to the extent applicable. Netter stated that she suspects the bulk of the work can be done at the next meeting. Netter pointed out that tonight is a meeting and not a hearing. The next time we meet to discuss this will also be a meeting. Netter felt that the applicant should put something in writing for the Board to continue the hearing. Netter stated that she wants a letter of continuance from the applicant. Byers made a motion to continue this public hearing for Tuesday, 25 February 2014 at 7:00pm at the Town Hall. Koch second the motion Those in favor to continue this public hearing: McIntyre, Byers, Koch, Cuscia, Liporto and Morganthal. No one was opposed Adjourn Meetint!Adjournment: 9:25 Byers made a motion to adjourn the meeting. Koch second the motion Those voting in favor to adjourn were McIntyre, Byers, Koch, Cuscia, Liporto and Morganthal Page 9 of 9 February 11,2014