ZBA to Berry Street Developer: It's Still Too Big

The Zoning Board of Appeals met with representatives from North Andover Holdings LLC for updates on their 40B proposal for Berry Street Monday, and the general view of the board is that there's been progress but the plan's still too big.

"It’s something that we all have to drive by, and I don’t want to drive by there saying ‘Oh my God,’" board Chair Ellen McIntyre said.

The controversial plan originally called for 240 units along Berry Street near the corner of Route 114. Neighbors formed an alliance against the company, the Berry Street Neighborhood Association, to fight the proposal.

Of major concern is the size of the proposed development, the number of units, and how that would impact traffic on an already narrow road near an already dangerous intersection.

The company filed the proposal under Chapter 40B, a state law that requires a certain percentage of a town's new units be affordable and also allows developers to work around local zoning bylaws.

Monday night, after several weeks of talks between the developers, the town and neighborhood residents, North Andover Holdings presented a slightly scaled-down version of the plan, with 216 units.

The new plan calls for the five buildings to be close together as opposed to spread out. This leaves much more land untouched on the inner side of the property around the pond.

The plan also calls for half the parking spaces to be under the buildings, to save space.

"The other plan had a building, parking and retaining wall in that area," Eric Loth, head of North Andover Holdings, said as he showed his new design to the board. The plan also makes the front of the buildings three stories, so the buildings won't appear as large from the street.

The consensus of the Zoning Board of Appeals, however, is that the plan is still too big.

"I keep thinking about if it was me and my family and my children living next door, how would I feel about it?" board member Deney Morganthall said. "It comes down to the comments we get from neighbors. With the neighbors, understanding this isn’t going away, it comes down to what the neighbors are comfortable with."

Another board member, Allen Cuscia, even channelled the late House Speaker Tip O'Neill.

"Tip's favorite word was compromise,'" Cuscia said. He then told a story out of O'Neill's book about an argument between umpires over whether a baseball player was safe or out while running the bases. Eventually they compromised and put the player on first base.

"Five people thought he was safe, five people thought he was out," Cuscia said. "But 10 people knew he had a single."

With that, Cuscia suggested the developer reduce the amount of units again, for the sake of the Berry Street neighborhood residents.

"Right now I think you're asking the board to throw them under the bus," Cuscia said, adding that the design looks like a Motel 6.

"It’s all about the numbers to me," board member Paul Koch said. "I agree with Allan. I can’t say it as eloquently as Tip O’neill said it."

A number of units most on the board said they could be on board with is 180. That is still a stretch away from the 216 units in the already scaled-down plan.

Of huge concern is the traffic impact. Berry Street is narrow and the end of that road where the development will go intersects with Route 114, with no traffic light.

"This development will have a Berry Street address and not a Route 114 address," Berry Street Neighborhood Association President Jeff Moon said. "This means that all occupants will use berry street."

And this means traffic will be intense on Berry Street during commuter hours. 

"Can you imagine your child on that bus as it attempts to turn onto route 114?" Moon said.

Moon added that the association is also requesting traffic studies be done on the other ends of Berry Street, since people use those ends as routes to and from Berry Street as well.

The next ZBA Berry Street meeting is scheduled for Nov. 4.