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HomeMy WebLinkAbout1981-04-22April 22, 1981 S. peci al Meetin~ The BOARD OF APPEALS held a SPECIAL MEETING on Wednesday evening, April 22, 1981 at 7:30 p.m. '~n the Selectmen's Meeting Room to continue the public hearing on the North Andover Housing Authority's request for a Comprehensive Permit in order to construct an elderly/ handicapped project at the corner of Waverly Road and Greene Street. The following members of the Board were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Augustine W. Nickerson. Associate Members Maurice S. Foulds and Raymond A. Vivenzio, Esq. were also present. CONTINUED PUBLIC HEARING - No. Andover Housing Authority Mr. Louis Minicucci again represented the Authority. He also introduced Mr. Patrick Siatta from Charles Construction Co., Inc. to the Board. The clerk read a letter from the Fire Chief, dated April 22, 1981 and an attached memorandum from the Housing Authority, also dated April 22, 1981. This correspondence is on file. 'Chairman Serio informed those bresent that Mr. Jame~ Noble 6f the B6ard of Public Works has informed him that his Board has no problems installing a fire hydrant on the 12" main. Mr. Minicicci added that there is a fire hydrant located across the street from the proposal which they previously did not know about, but that they still would like to have one installed on the premises. In response to questions from several Board members about fire protection, Mr. Siatta said that the road will be widened and go around the entire project and will be able to acComodate the fire apparatus. Note: The plans will have to be revised to reflect the widening of the road. Mr. Minicucci added that they (The Housing Authority) will have a complete set of plans and "specs" by July 1, 1981. A second memorandum from the Housing Authority was sent to Mr. William Cyr, Highway Surveyor, and read tonight. To date, the Board has not received any input from Mr. Cyr. Member Sullivan asked about lighting, and Mr. Siatta replied that there will be exterior lighting around the project. A discussion followed on state codes v.s. town codes, and Mr. Minicucci salad that in the case of a Comprehensive Permit, the State Code would outrule the town building code in a conflict. However, he added that the Housing Authority would be the party to appeal any decision, and he do~s not forsee any problems. April 22, 1981 -2- Special Meeting No. Andover Housing Authority - continued Motion: by Mr. Frizelle that the Comprehensive Permit be granted, subject to the following conditions: I. PRELIMINARY STATEMENT The North Andover Housing Authority, the "Applicant", has sub- mitted to the Board of Appeals, the "Board", an application recieved by the Board on'March 18, 1981 under the provisions of Massachusetts General Laws, Chapter 4OB, Sections 20-23, for a Comprehensive Permit for the construction of sixty (60) dwelling units upon land now owned by Herbert F. Hayes, located on the Westerly side of Waverly Road and the Southerly side of Greene Street, con- sisting of approximately 133,000 square feet. The applicant, and/or Charles Construction Co., Inc., or their nominee, has entered into a Purchase and Sale Agreement for the premises. Charles Construction Co., Inc. is the proposed contractor for the proposed turn-key project. The Board understands that the project will ultimately be under ownership by the North Andover Housing Authority. The dwelling units will be made available only to elderly and handicapped persons of low and moderate incomes. Construction will be subsidized by the U.S. Department of Housing and Urban Development. II. CONSIST'ENCY WITH LOCAL AND REGIONAL NEED Pursuant to the provisions of General Laws, Chapter 4OB, Section 20, the Board must determine whether the application is consistent with the local and regional need for low and moderate income housing. The applicant has submitted evidence to the Board which shows that at present the Town of North Andover presently does not meet the criteria set forth in Section 20 of General Laws, Chapter 40-B. The Board, based upon the evidence submitted by the applicant, makes the following findings: T~e number of low and moderate income housing units occupied ]or available for~occupancy in North Andover is not in excess of ten percent of the total number of housing u~s reported in the 1970 decennial census or in the 1980 decennial census. Low and moderate income housing units would have to exceed 494 of 4943 housing units (1970 census) or 704 of of 7040 units (1980 census) before exceeding the maximum criterion of local need. April 22, 1981 -3- Special Meeting The land area occupied by low and moderate income housing units in the Town of North Andover at the present time (prior to this development) does not comprise one and one- half percent or mbre of the'total land area zoned for residential, commercial, or industrial use,-excluding publicly owned land. · '~ The total land area zoned for such use in North Andover is 17,043 acres. Approximately 4,043 acres of land are pu61icly owned, as defined in Section 20, so that 13,000 acres remain against which the one and one-half percent standard may be applied. To satisfy this criterion of-local need, the land area~occupied by low and moderate income housing units should comprise in excess of 200 acres. Presently, low and moderate income housing units in North Andover occupy some 43.60 acres, leaving about 146.40 acres of land which might be developed fore, low and moderate income housing before the criterion would be exceeded, prior to this development. Approval of this application will not result in the commence- ment, in any one calendar year, of construction of low and moderate income housing units on sites comprising more than three tenths of ten percent of land in North Andover zoned for residential, commercial, or industrial use, excluding publicly owned land, or comprisin§ more than ten acres, whichever is greater. III. DEVIATION FROM NORTH ANDOVER BY-LAWS AND REGULATIONS The prop~erty is located in an R-4 zoning district. The North Andover Zoning By-Law, Section 4.122 does not provide for multi- family dwellings. Pursuant to the provisions of General Laws, Chapter 4OB, the Board grants a deviation from'the R-4 use re- quirements of the By-Law. Further, the Board grants the applicant permission to deviate from the dimensional requirements of an R-4 district and any other district as set forth in Section 7 or Table 2 of the Zoning By-Law and also from the provisions of Section 8 of the Zoning By-Law applicable to off-street parking requirements subject to the condition that the proposed construction be in conformance with the plans attac~ed to the application, dated March 18, 1981, as amended, which are attached hereto and made a part hereof. The Board reserves the power to authorize further deviations from any North Andover By-Law or regulation if it deems such deviation to be consistent with the purpose of the app- lication. The Board finds that the deviation from the North Andover By-Laws and Regulations is necessary in light of the fact that the property is located in an R-4 district and the requirement to change said zoning district and to seek and purchase similar property in a zoning district where such a use ds allowed would be inconsistent with the local and regional need for subsidized housing for the elderly and handicapped persons of low and moderate incomes and would tend to make the proposed construction u~economical. April 22, 1981 -4- Special Meeting IV. MISCELLANEOUS PROVISIONS - Drainage Plans - The applicant will submit for review by the Board definitive plans specifying adequate drainage for the site, said'plans to include: that the bituminous paved parking area, other than the 12' wide access way, would have an underground drainage system, constructed in accordance with standard North Andover Highway standards; that the/existing open ended drainage line entering the project site from Waverly Road be piped into the above mentioned drainage system; and, all drainage shall be tied into the 30" storm drain on Greene Street. - The applicant will amend the plan submitted with the Ma~ch 18, 1981 application to provide a 12' wide access way to allow access around the entire project. The plan amendment is to be approved by the Board. The applicant will construct or has constructed a 12' wide access way to allow access around the entire project. - The applicant will submit a final set of working plans prior to commencement of construction. - The applicant shall use the sewer piping required by the North Andover Board of Public Works. - The applicant shall construct said project in accordance with all applicable State and North Andover Rules and Regulations, unless otherwise specified herein or unless otherwise provided by this Board. Second: by Mr. Trepanier. In discussion, Mr. Minicucci told the Board that there will be some additional parking, which is not on the plan. Vote: Unanimous in favor of the motion. 'The meeting adjourned at 8:15 p.m. Frank Serio, Jr., airman Jean E. White, Secretary