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HomeMy WebLinkAbout01.28.2014A 4 Town of North Andover ZONING BOARD OFAPPEALS �Albert A Manzi III,Esq. Chairman �°T 6 gtio Associate Member Ellen P.McIntyre,Vice-Chairman 0 2 y~ o� Michael A Liporto J Richard Byers,Esq. Clerk * : * Deney Morganthal D. Paull(och Jr.Esq. nD9 . ,�" DougLudgin Allan Cuscia DRwTED�pP��y Zoning Enforcement Officer SSACHUS Gerald A.Brown DRAFT MINUTES Tuesday,January 28,2014 at 7:00 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 continued with the special meeting around 7:08 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 spoke of how tonight's meeting will proceed, McIntyre stated that the applicant will start off first, and will give us an update on changes and they will also talk of other information submitted. Lisa Eggleston will speak next to give us her final presentation on Conservation. McIntyre went on to say that she will give the neighbors a chance to speak and the applicant can address them if they would like to. Then finally we will go over waivers and conditions. Mathew Bombaci, Engineer from GPR hired by the applicant, spoke of all the changes submitted and spoke of all the responses, feedback and comments received from various Town Board's, Town Department's, Peer Reviewers and Consultants. He also spoke of his responses as well. He spoke at the last meeting with Conservation and it was suggested that they submit a more detailed plan. Bombaci stated that Conservation did not close the hearing because they were waiting to see what would happen at tonight's ZBA meeting Lisa Eggleston, of Eggleston Environmental is the peer reviewer for Conservation and the ZBA on this project. Eggleston walked up to the podium and stated that she has been involved in a series of meetings and reviews with both Conservation and ZBA. Eggleston spoke of detailed reviews and how drainage structure works. Eggleston stated that all her concerns have been addressed to her satisfaction. Eggleston stated that she did have a number of recommendations that she presented to the Conservation Board. Eggleston stated that this project does disturb at least an acre of land and therefore will require coverage under the EPA Construction General Permit. Page 1 of 9 January 28, 2014 Toivn of NorthAndover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman °`NO°T b gtio Associate Member Ellen P.McIntyre,Vice-Chairman or Michael P.Liporto Richard J. Byers,Esq. Clerk * : * Deney Morganthal D. Paullroch Jr. Esq. Doug Ludgin A�4 * 7 AORhTe°�Pp 5 Allan Cuscia 9SSgcHUSE��c Zoning Enforcement Officer Gerald A.Brown Eggleston spoke of a construction Stormwater Pollution Prevention Plan in accordance with the EPA guidance. Eggleston also stated that they should also require a certification by a qualified professional engineer with regards to the drainage system functioning properly, and as designed, and that there are no illicit connections to the system. McIntyre turned the floor over to the neighbors. JefferyMoon, of 141 Berry Street was the first to walls over to the podium. Moon stated his concern with the size of the project was an issue. The residence of the neighborhood recognizes that this is a piece of property that can be developed. Moon went on to say that we have supported past applications in recent years,the association does not object to the construction of affordable housing. Moon stated that it is an oversized development and felt that this project should meet the needs of the Town and not the applicant. Moon wanted the Board to review the project with a pro forma prior to voting on this project. Moon felt fewer units and smaller buildings is what would be fair and right. Netter asked a question to Eggleston regarding Conservation and that they will be the ones to condition the drainage. Eggleston walked up to the podium. Eggleston stated that Conservation will condition it,but the ZBA can condition it as well. McIntyre stated to Eggleston that there should be a condition for Conservation that they should choose the wetland consultant. Cuscia stated that he still has an issue with the number of units. Regnante stated to Cuscia that he knows and understands that is his position. Cuscia asked if Regnante could explain his position in response to the letter from the Berry Street Association's Attorney, Huggins and Wittens. Regnante walked up to the podium and stated that he will summarize the letter and his response. Regnante thought at this point it is inappropriate to have a pro forma review, since they the applicants have covered all the changes,issues and concerns put before them from consultants,Boards, and local concerns, and they have addressed and satisfied these concerns. Regnante quoted to the Board a portion of a letter he had written on January 15t"2014. He directed the Board to page 2, on the middle of the page item #4 (760 CMR 56.05(6)). Page 2 of 9 January 28, 2014 Town of North Andover ZONING BOARD OF APPEALS �Albert P.Manzi III,Esq. Chairman °t �°T b.40 Associate Member Ellen P.McIntyre, Vice-Chairman o2 y.y 6 °� Michael P.Lip orto Richard J. Byers,Esq. Clerk * ; Deney Morganthal D. Paul loch Jr. Esq. }.9 , ,.° Doug Ludgin DRnTtD�PP`y<5 Zoning Enforcement Officer Allan Carscia -vSSgrHUs�� g Gerald A.Brown The Applicant has iis-idicafi tlit it does not agree to the proposed condition(s) or Waiver denial(s) because they would render the Project uneconomic. A Beard inay not conduct review of a pro forrila. in order to I see whether a Project would still be economic if the number of dwelling units were reduced, unless such reduction is justified by a valid health, safety, envirort ental, design, open space, plarmin f , car other local concern that directly results from the size of a Project on a particular site, consistent with 760 CMR 50.07(3). McIntyre asked Curt Bellavance if he could update everyone on what has been taken place within the town,regarding this project. Bellavance spoke of all the various departments, boards, consultants, and their feedback, reviews, memorandums and comments that were submitted. The Board,Netter and the applicants questioned and discussed all the various documents that were submitted to the Board for review. McIntyre asked if another abutter would like to speak. Judy Ferres of 31 Oxbow Circle walked up to the podium stated that she looked at the January letter that was referenced earlier this evening and did not see anything with regards to the safety concerns on Colonial Avenue. McIntyre stated now we have the opportunity to work-on waivers so we should start with the one dated January 27, 2014, from GPR, entitled"Memorandum to assist and Review of Waivers". McIntyre asked the Board if they would like to go over each and everyone and make comments. The Board agreed to go over each one. Bombaci stated he will go to the podium and represent the applicant as each waiver is discussed. Section 4.2 Expired Section 5 Earth Removal Liporto asked for some clarification on the amount of removal on the site. Bombaci stated that their will be some removal and fill. Page 3 of 9 January 28, 2014 Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III, Es q. Chairman o�No°T b qti Associate Member 0 Ellen P.McIntyre, Vice-Chairman o= y y om Michael P.Liporto Richard J. Byers,Esq. Clerk y Deney Morganthal D. Paul Koch Jr. Esau. Doug Lualgin Allan Cuscia �PP��y Zoning Enforcement Officer SSACHUS� Gerald A. Brown Section 6.6 (A)-Permitted Signs. McIntyre stated that she does have an issue with the signs. McIntyre thought it was a lot of signage and thought the size should be reduced. McIntyre wanted them to point out locations of the signs on the plan. Bombaci directed the Board to the plans and pages of where the actual signs, sizes, and locations of the signs. Cal Goldsmith, from GPR explained the purpose of the number of signs, and sizes and that the intent was for visibility. McIntyre thought only 2 signs should be used not 3. Byres stated he understands the need for the 2 signs on the entrance of the project,but thought that this project will not be difficult to find. Liporto suggested that maybe a sign could be located on the center island. Section 8.1(4) Off Street Parking McIntyre wanted to know why they want a relief of 30 spots. Bombaci stated that they are providing 321 parking spots; this is 30 spaces short of the Town requirement. They feel that the parking of 1.64 parking spots per unit is slightly higher than the original plan and feels that this is adequate and reasonable. McIntyre did the calculations and did not agree with the amount of parking spots provided. Bombaci stated that VHB is comfortable with this amount. Byers and Koch agree with the consultant,VHB and felt it was reasonable. Liporto questions if they ran out of parking spots. Loth responded that they have not experienced that yet. McIntyre asked of the handicap spot. Bombaci stated that they will have handicap spots and also a handicap van will fit in these appropriate spots. Byers asked how many handicap spots will be provided. Bombaci stated that their will be 4 handicap spots per 100. Netter asked of the parking standard and if it is different for rentals. Regnante state this amount is the standard for rentals. Page 4 of 9 January 28, 2014 Town of North Andover ZONING BOARD OFAPPEALS NORTH AlhertP.Manzi III,Esq. Chairman aot'��°° gti°o Associate Member e. , Ellen P.McIntyre,Vice-Chairman o Michael A Liporto Richard J. Byers,Esq. Clerk * * Deney Morganthal D.PaullCoch Jr. Esq. ^q Doug Ludgin �A^T�°APP`ay Zoning Enforcement Officer Allan Cirscia gSSgCHUSti�t g Gerald A.Brown McIntyre was concerned with the parking provided, especially with visitors, and during the holiday seasons. McIntyre felt that this was not enough parking. Morganthal asked of the snow removal in regards to the parking, and if some parking spots will be reduced due to snow. Bombaci stated that it will be handled appropriately. Section 8 1 O(A) Dimensions of Parking Spaces and Maneuvering Aisles McIntyre asked if they could maneuver larger vehicles, Bombaci stated they can. Section 8.1 (5) (C)Entrance and Exit Driveway Bombaci commented that they are requesting exemption from the maximum driveway. Section 8.1 (5) (D) Surface Drainage and Curbing Bombaci explained the waiver modification to the Board. Basically they would not totally adhere to all subdivision requirements. All would be designed per sound engineering practices. Netter thought they could get the Planning Boards help on this. Section 8.3 Site Plan Review. Regnante stated that many of the items have been reviewed by various departments and Boards. Bellavance spoke of the dumpsters and trash concerns on the site (referencing Judy Tymon's memo on 28 January 2014). Bombaci stated that they will have a trash compactor and the compactor will hold much more then a dumpster. McIntyre wanted to discuss the security on the project, since John O'Conner was here from Dolben Company INC (a security and property management company). O'Conner went on to say they will hire 2 people as full time maintenance on staff and a property manager. They will alternate being on call 24 hours. McIntyre asked of cameras, O'Conner stated they will be installed and used, only if it is necessary. McIntyre asked O'Conner if his security and property management company will also watch for the residents not putting their trash out on their balconies. O'Conner stated that these are some of the things they look for in the care, safety and maintenance of the property. Byers asked how many units they manage. O'Conner responded over 12,000 apartments and they have been in business for over 80 years Page 5 of 9 January 28, 2014 Town of North Andover ZONING BOARD OFAPPEALS NORTH Albert P.Manzi III,Esq. Chairman amt` `°° 6ti°o Associate Member Ellen P.McIntyre, Vice-Chairman o y~ Michael P. Liporto Richard J Byers,Esq. Clerk * y * Deney Morganthal D. Paul Koch Jr. Esq. o <oc.o "a DougLudgin y cw.w.c.`� Allan Cuscia �qs RAT.P�Pa��S Zoning Enforcement Officer SgcHUSe Gerald A. Brown Table 1 Summary of Use Regulations McIntyre stated it is self explanatory. Cuscia stated he has always had a problem with the amount of units. Table 2 Summary of Dimensional Regulations Dimensional Requirements Bombaci stated the calculations and reliefs needed and heights of buildings Cuscia stated that he had a problem with the heights of the buildings. . Loth spoke up and explained the reasoning for the amount of units and heights of the buildings. Loth stated it made sense and they feel it works. They have reduced the size since the beginning of the project, and Loth felt it will have a very nice campus feel. Koch stated that he does not have a problem with the heights of the buildings. Byers stated that they did what they could to reduce the number of buildings. Cuscia stated that he prefers this plan over the original,but he still has his issues with the amount of units and heights of buildings. Chapter 82 Demolition Delay Byers asked if any of the buildings were more than 100 years old. Bombaci responded yes, the farm house. It was noted to the applicant that the Historical Commission would need to be notified on the Farm House since it was well over a 100 years. McIntyre stated to the applicant that the Historic Commission can delay you, if you plan on demolishing it. McIntyre expressed her concern and felt that they need to inform the Historic Commission before they demolish any building that is more than 100 years old. They need to make sure that there is no historical significance. Netter stated that it can be waived. The Board members were not aware of the building being more than 100 years old. Netter stated that you can close this hearing but leave this portion open. Page 6 of 9 January 28, 2014 Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P.Manzi III,Esq. Chairman goy�s�eD qti o Associate Member Ellen P.McIntyre, Vice-Chairman o Michael P.Lip orto Richard J. Byers,Esq. Clerk * * Deney Morganthal D. Paul Koch Jr. Esq. o Doug Ludgin A° *�° °"y cy Zoning nforcement Officer Allan Cuscia �SSgcHnSE� g Gerald A. Brown Koch agreed, and stated that we need the Historical Commission to ensure to us that there is no historical significance associated with this farm house. Chapter 154 Sewers Bombaci spoke of requirements and what was requested. Chapter 178 Wetland Protection Bombaci talked of the waiver requests from the local wetlands, and that they were reviewed by the Conservation Commission,the Commission does not object to the requested waivers. Drainage Design had been reviewed by Conservation and Eggleston. Regnante stated that these"Order of Conditions" are consistent with these waivers. McIntyre questioned the 2 homes on the lot and who owned them. Loth walked over to the podium and stated that these 2 log cabins are owned by the Mores,but they do have an option on them. McIntyre asked what would happen in the event they knocked these homes down will they remain as single family lots? Bombaci said yes. McIntyre asked if Bombaci could point out where all the wetland restrictions were located on the plan or plans. Bombaci stated that 11.9 acres are restricted by Conservation. McIntyre asked if they could build in that area. Regnante and Bombaci stated no,they can not build in the restricted areas. McIntyre asked how much, and what part of the land is capable of being developed. Bombaci pointed out that area, and stated it is about 3-4 acres that are buildable. Cuscia asked the applicant if they plan on building on that buildable portion in the future. Byers commented that they would probably need to go back to Mass Housing. Regnante stated if they did build there that would be considered a"substantial change", and they will have to go to Mass Housing to see if they can do more. McIntyre stated that she would like to add a restriction/condition so they cannot build any further to protect the Town. Koch agreed with McIntyre on adding a restriction on building further. Koch wanted the restriction done today. Page 7 of 9 January 28,2014 Town of North Andover ZONING BOARD OF APPEALS �Albert P.Manzi III,Esq. Chairman �� �°T 6 gtio Associate Member 6 �6 Ellen P.McIntyre,Vice-Chairman o� 5. 0� Michael P. Liporto Richard J. Byers,Esq. Clerk * Deney Morganthal D. Paul Koch Jr. Esq. � ,<" Dou g Lud in g Allan Cuscia ^*t° "��y Zoning Enforcement Officer SSACHUS� Gerald A. Brown McIntyre thought they may have a challenge with this, and felt that this property may get sold to someone else in the future. Cuscia also agreed that a condition/restriction should also be put on the property too. Byers asked the applicant, why no restrictions now?Loth stated right now this is the project they want to build,the 196 units. Loth stated yes,he may want this in his back pocket for the future. Netter asked if the conservation restrictions could be expanded. Regnante stated it is possible to expand the restriction from 11.9 acres to the added area of the remaining buildable land. McIntyre and the Board unanimously agreed to take a recess at 9:04pm. The Board returned at 9:18pm. McIntyre asked if the Board had any questions. Koch asked if there would be parking on Berry Street and if that is something that needs to be looked into? Koch spoke of how Berry Street is very narrow and would be dangerous if cars started parking there. McIntyre stated that maybe this is something that can be conditioned. Bellavance stated that we should wait to see if it ever becomes a problem,then it can be addressed. Koch and McIntyre agreed. McIntyre spoke of conservation hiring a consultant and also spoke of Judy Tymon's comment in her memo regarding an on site, everyday, independent consultant,to monitor and make sure that everything is done properly. McIntyre thought it was a good idea to protect the Town and to make sure all is done properly. Bombaci stated that there will be an engineer on site to oversee the project. Goldsmith said that a number of people will be looking and monitoring this project, such as the various departments in the town. McIntyre asked the applicant if they will make any contribution to the town to soften the impact on the town, since this project will impact the schools, fire department, and police department. Loth responded no,they do not intend to make any contributions, but felt the added real estate taxes will bring in money to the Town. Page 8 of 9 January 28, 2014 Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P.Manzi III,Esq. Chairman �Ob{t��� ;6 �ti o Associate Member Ellen P.McIntyre, Vice-Chairman o Michael P.Liporto Richard J Byers,Esq. Clerk * _ Deney Morganthal D.Paul Koch Jr. Esq. �.a '.� Doug Ludgin Allan Cuscia SS Zoning Enforcement Officer ACHUSE Gerald A.Brown McIntyre stated we will close this hearing,but Netter suggested leaving open the Historic Commission, to see if there is any Historic significance to the old faun house. McIntyre asked Netter to explain the process for the Decision. Netter stated that we have 40 days to render the Decision and that she will work on a draft. McIntyre stated that February l It"at 7:00pm we will hold our regular meeting and at around 7:15pm we will meet on the Decision for Berry Street. Rick Glover of 61 Winsor Lane walked up to podium and stated that as an abutter he feels that he, as well as the neighbors are being held hostage with this extra parcel of land. Glover wanted this land restricted. McIntyre stated that they will restrict this land in a condition. Byers made a motion to Close the Public Hearing, but with the exception of the Historical Commission's notification to find if any,historical significance of the more than 100 year old farm house. Koch second the motion Those in favor to close this public hearing: McIntyre, Byers,Koch, Cuscia, Liporto and Ludgin. No one was opposed. Acceptance of Minutes for December 10th,2013 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 Adjourn Mectin� 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 Adjournment: 9:42 Page 9 of 9 January 28, 2014