Zoning Board

Approved by the ZBA 9/22/21 CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 MEETING MINUTES MEETING HELD via ZOOM WEB CONFERENCE WEDNESDAY, December 8, 2020 @ 7:00 P.M. 1. Roll Call. Chairman Matthew D’Agostino called the meeting to order at 7:00 pm Members in Attendance Matthew D’Agostino, Chairman Present Laura Walta, Vice Chairman Present Vincenzo Pesce, Board Clerk Absent Philip Cultrera, Member Present David DiNatale, Alternate Member Present Ronald Pitocchelli, Alternate Member Present Others in Attendance Jodie Geary, Zoning Board Secretary William Buckley, Director of Economic and Community Development Attorney John Smolak, representative of the petitioner 2. Acceptance of Minutes: For the record there were no minutes available for acceptance. 3. Old Business: Any correspondence referring to: 1. Request to Withdraw a Petition on the Agenda: For the record there are none. 2. Request for a Reconsideration of a Denied Decision: For the record there are none. 3. Request for Significant Change on a Denied Decision: For the record there are none. 4. Request for a time extension on a Granted Decision: For the record there are none. 5. Request for Insubstantial Changes to a Comprehensive Permit: 1 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 9/22/21 2017-01 DS Development, LLC, 1 Wildflower Lane, Weston, MA 02493 Request for insubstantial changes to Comprehensive Permit required under M.G.L., c. 40B, Sec. 20-23 (Massachusetts Comprehensive Permit Law) to construct 40 apartment units on a 1.2 +/- acre parcel of land in the Central Business District (CBD) at #254 Broadway, Methuen, MA 01844 Attorney John Smolak, representative of the applicant, explained that the request is for an insubstantial change. The Board approved this 40B project for 40 units at 254 Broadway. As it’s closer to the closing on the property, there has been some review by the lenders and others, and they would like there to be some changes and adjustments to the decision in 2017. They are looking for the Board to approve, as insubstantial changes to the decision, four separate items. 1. The Comprehensive Permit Decision is approved to be transferred to Broadway Building Associates Limited Partnership, and evidence of state subsidizing agency approval of the transfer was filed with the ZBA and is described in a letter form Catherine Racer, Director of the Division of Housing Development, DHCD, to David Spada dated December 8, 2020. 2. The Title Sheet of the approved plan set entitled “Site Development Permit Plan Broadway Building Apartments Plan of Land in Methuen, Massachusetts”, prepared by Merrimack Engineering Services, dated April 30, 2008, and revised through May 22, 2017, is replaced with the Title Sheet, with the modification date of December 4, 2020 to correct the dimensional and Density Summary table for multi- family use in the Central Business District (CBD). All other sheets in the approved plan set remain the same. Further, page 10 of the Comprehensive Permit Decision Waiver list is replaced with an updated page 10 to track the corrected Dimensional and Density Summary Table published within the plan Title Sheet. 3. The project signage is approved and the proposed standing sign which is depicted on three sheets, including an elevation, sign, and locus plan, all entitled “A Broadway Building Tenant Sign D with Elevation 20-Aug-08”, prepared by Northroad Wood Signs & Sign Graphics, attached to the Letter Request, are approved, and are to be modified to approve lettering and sign coloring which: a. Lists both the Broadway Apartments and the assisted living residence b. Includes signage coloring complimentary to the project building coloring. The final signage shall be subject to administrative review and approval by the Director or Economic and Community Development for consistency with the Comprehensive Permit. Further, page 11 of the Comprehensive Permit Decision Waiver List is replaced with the updated page 11 to correct the reference to the plan requirements and waivers within the CBD zoning district. 4. The requirement for a springing City Regulatory Agreement, as referenced in Condition A.3, shall remain in the Comprehensive Permit Decision. The ZBA has approved the form and substance of the agreement and authorized the Director of Economic & Community Development to approve the final form of the City Regulatory Agreement for consistency with the Comprehensive Permit, as amended. William Buckley, Director of Economic and Community Development commented that none of these items changes the substance of the project. In his opinion, most of these items could be considered typos in the decision. He thinks these are clearly insubstantial. The transfer of the permit to the new entity has already been approved by DHCD. They control the tax credits and legal structure for this project and they are really the controlling entity. He also noted that they are comfortable with the sign. For some reason the sign didn’t make it into the 40B application. The sign was presented to the Historic District Commission when the applicant was working with the Historic District Commission on some of the design guidelines. Next to a three story building the height does seem excessive. The change here is just making sure that the sign gets added to the plan. Regarding the springing regulatory agreement, Mr. Buckley stated that he reached out to Barbara Carboni, the 2 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 9/22/21 attorney that worked with the ZBA on the 83 Pleasant Valley 40B and she agrees that it’s reasonable. It will be a motion by the Board to approve the form and substance of the local springing regulatory agreement. Laura Walta commented that she believes that is really important; that the Board doesn’t make decisions for just their own lifetime, but for what is in the best interest of the City for the next 100 years or more. She is glad that there is an alternative to removing that condtion. Mr. Buckley stated that the posting directed people to send comments to his email and he had not received any. A link to register to speak on MCTV was also included in the posting and there were no registrants. The Board discussed the size and location of the sign as well as the design details. Mr. Buckley informed the board that it would have down lighting or very direct uplighting. Final lighting is to be determined in accordance with the Historic District guidelines. It would not likely be wood but would have a wood carved look. Mr. Buckley stated that specifically what the Board would be approving is allowing to modify the comprehensive permit to allow the transfer of the permit to Broadway Building Associates Limited Partnership, modification to the title sheet and waivers as presented by Attorney Smolak, approving the signage, and approving the form and substance, with all of the appropriate restriction, of the local regulatory agreement subject to final review by the Director of Economic and Community Development. He noted that he would likely seek council on that review. Attorney Smolak affirmed that the Board would also consider these as insubstantial changes. The Board discussed voting on each item individually or all of them as a group. The majority of the Board preferred to vote on them as a package. Chairman Matthew D’Agostino called for the vote. ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Yes Vincenzo Pesce, Board Clerk Absent Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Yes 4. New Business. For the record there was none 5. Adjournment: There being no further business before the Board, Chairman Matthew D’Agostino entertained a motion to adjourn. MOTION: Laura so moved. SECOND: Philip Cultrera VOTE: UNANIMOUS Chairman Matthew D’Agostino adjourned the meeting at 7:31 pm. 3 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 9/22/21 Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary NEXT ZONING BOARD MEETING: DECEMBER 16, 2020 Anyone needing an access accommodation to participate in City of Methuen programs or services, please contact Gene Walsh, ADA Coordinator at 978-983-8625 or GWalsh@ci.methuen.ma.us at least 2 weeks in advance, or 2 business days before any Board or Commission meeting. This notice is available in alternative formats upon request. 4 Filed in the Office of the City Clerk 09/27/21