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HomeMy WebLinkAbout2016-01-12 Zoning Board of Appeals Minutes 2oivn of North Andover ZONING BOARD 0FA/YEALS d&uYP.Mm����q. Cbo|,mao Associate Member E'llenf\ ,41cDqj?re,Vice-Chairman Dme y �� � an/0x/ f\Paul� Jr. �oc0� �� Nathan J[ Weinroich A&oo0moh Alexandria J. Jacobs Esq. Doug Ludgh/ Zoning Enforcement Officer Gem0A.Bmwx TuomdoyJauuucy12,2016nt7:38PM School Administration Building 566 Main Street,North Audovrr,Massachusetts Members present: Al Manzi 111,Kmq,,|QUm/P McIntyre,Allan^Cuwcla,Doug lLndQio and D. Paul Koch J/Dmg. Associate Members present: Deney Morganthal,Alexandria Jacobs,Esq.,and Nathan Weinreich. Pledge of Allegiance Al Manzi III called the Special Meeting to order a17:3lpnu December ZBA Meeting was cancelled Acceptance of Minutes November 10,2015 � � E.lMclo1yiLe made u motion toapprove A.{uscia second the motion Those voting in favor to approve the minutes were: A. Manzi 111,E.McIntyre,D.P. Koch,A. Cuscia,and D. Ludgin. E. McIntyre stated that there was nothing on the Agenda for discussion. � � Discussion � A]Manzi stated that hc will 6ngoing out of order tonight and hear the Continued Public Hearing first and then move nntm � noiocc/|unoouo administrative matters. � Committee Reports Housina Partnership Committee � B]VcIDtyre had nothing W report oo the Housing Partnership.2.McIntyre requested the%BA Department assistant W find out ifthere � is still u Housing Partnership Committee. Continued Public Eleariu2 Finding Shannon Law Associates oo behalf of National Refrigeration,lnc.' for property located u| l6 Berry Street(Map ]06.13,Parcels 0032).North Andover,M&0 184 io the K-3 ZooingDistrict. Petition 2015-010 � Attorney F. Shannon � on behalf of National Refrigeration is at the podium/table to speak.A. Manzi is addressing F. Shannon oil � clarification of the ruguuot. 8puoiOomllv the request tn continue the hearing hnm December due tnMr. Shannon being unable to attend due W his having surgery. � A.Manzi stated that after reviewing the petition he wanted to make note that this is a hearing on fee's specifically Plumbing fee's for the Berry Street Project. A.Manzi disclosed that lie did not sit on the Berry Street Project meeting and asked if Attorney Shannon would like him to recuse � himself, A. Manzi also stated that lie holds a Electricians journeyman's license if Attorney Shannon would like him tn Meuse himself. Attorney Shannon stated that&Manzi did not need toroouochimself. � A.Cuscia disclosed that he is a master plumber and belongs to the sarne union as Mr.Hurley and that he is doing some]Ionic remodeling and will be obtaining a plumbing permit from the Town of North Andover. /\Uoruoy Shannon stated that bo did not need 0or/1. Cuaointorouooe himself fium the hearing. 11Pu &o .1u11 ua,y 1 2 . 2 O | 6 � Ton Andover ZONING BOARD OF APPEALS Albert P.Manzi 111,Esq. Chairman 0ORT11 Associate Member Ellen J\McIntyre, Vicm-Cbo|rmau I`eneyMoi-gan/hx/ 1\ Paul Koch Jr. Esq. Nathan"( /Ynhiruk6 J&m8mc/o Ale.mx(lria4Jam8*Esq. Doug Loogh/ Zoning Enforcement Officer Gerald A.Bmwn A. Manzi stated that procedurally the way the ZBA works is they are a five(5)person board,with five(5)regular members and three (3)alternates. He stated they these maters require a super majority vote to be approved which would be four(4)votes to be approved. A,Manzi stated that if this hearing is continued and there needed to have an alternated come in to vote. Right now the board is fully comprised ouit relates to the evidence in regard to your hearing. D.P.JKlchaokedtorolarificohonthutdmqob*oafbor(4)nutof6vo(5)vo<ono{6/ur(4)ootoIecvon(7). A. Manzi clarified that yes kix four(4) out of five(5)so the alternates while present will not be voting,they would only stand in if one of the regular members doesn't vote. In which case the Chairperson would delegate the associate members by seniority iu which case DonuyK4orgun1hu|would 6o the alternate. � Attorney Shannon � asked if the alternates are free(o ask questions. A. Manzi stated that yes they are free to ask questions. The questions are usually asked thru the chair. A. Manzi stated now that all procedural matters are settled that the Board will now move on to the Hearing. � � D.TP.J Koch read the Legal Notice: � Legal Notice iu hereby given that the Board of Appeals will hold u public hearing at the School Administration Building at 566 Mulo � � Street, North &ndovor, M& on Tuesday, January 12, 2016, o\ 7:30P&4W all parties interested io the petition of Shannon Lmn/ � Associates on behalf ofNational Refrigeration, Inc., for property located at 16 Berry Street (Map 106.13, Parcels 0032), North � � Andover,MAO1845bm the R-3 Zoning District. � The Petitioner is requesting a Finding(s)to appeal the determination made by Mr.Brown and the reasonableness of the plumbing permit fees assesses 6ythe Building Department to compensate the Town of North Andover for its anticipated regulatory expense. Pursuant to Mass. Gen. L C. 40, §22F&Mass. Gen. L. o. 143 § 100. | / Application and supporting materials are avoUehke for review at the office of the Zoning Department located at 1600 Osgood Snzo\ North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday � from 8:00to 11:20 By order of the Board ofAppeals � Albert P.Manzi Il|`8aq.,Chairman � A Manzi stated that the Public Hearing is now open and that the Board asked for an opinion from Town Counsel in regard to this matter � due to the fact that in the 10 or so years Chairman Manzi has been doing this lie has never had a request such as this one, or where the authority of the Board lie.The letter fi-om the Town Attorney is on record if you would like to review it. | F. Shannon asked if there was a question about the Boards ability to hear this matter. A. Manzi said anm the substantive issues. � Attorney Shannon stated that from u back ground point of view there lxa case called James M. Knott v. Town of Northbridge,2005 Mass. App. Div. 135(Western Dist.Nov 2,2005). That decision basically says that the Board of Building Regulation's and Standards pursuant ro Mass.Gen. Law Chapter |43 amx6no 100 has the ability to hear appeals unless the Town has some type of forum by which � no appeal such ua this can 6xheard. The Knott decision went on to outline that actual procedure and actually define the Zoning Board of Appeals as the appropriate venue, so we are here pursuant to the Knott decision which was reinforced in 2009 by the Silva Decision, 2|Yo g c ]au u ory 1 2 . 2 0 1 6 7onn Axobvm A PPRO VF,,D210,9116 ZONING D(AkDOFAyfEALY Albert P.Manzi III,Esq. Chairman ttORTH Associate Member bY6,/}\McIntyre, Vice-Chairman l}m/ey/N0(gn/d)n/ I\ Pxn/Kom4JxEs� /�//�on 1D��/rx�lt A&m/ Cuxmia At Alexmn(Iria A, Jacobs Esq. lxong1u(Igi0 Zoning Enforcement Officer CHU Crmn0A. /7mw// A. Manzi asked if this was the reason Attorney Shannon felt the authority was with Town of North Andover Zoning Board of appeals to hear this matter. A. Manzi stated that he did not see it under Section 40A which is generally 40A,B,&R which is generally where our hearing come hnm. Attorney Shannon stated that it is definitely a unique situation where there have only been two(2)to three(3)uoaoointhc6iykxyof Massachusetts that focus on fees. Only one case is Building 1eoo which was an appeal, which was the second oano`and the third ooau where for burial fees. So biu clear(o ua that the Zoning Board iuthe appropriate place for this and if there were tobo an appeal from cither us or the Building Inspector then it would be to the State Superior or District Court due to some recent rule changes. A_J Manzi clarified uod relates tou decision that this Board would issue. Attorney Shannoi confirmed that statement. | A. Manzi stated that the Board is relying on Town Counsel on this being an unfamiliar topic. Procedurally there is a threshold procedural issue as it relates to the time it was filed and when it was time stamped at the Clerk's Office. The ZBA will hear all evidence and questions and when Attorney Shannon is ready to close the Public hearing the Board will then deliberate, and decide whether or not they need to move it back to Town Counsel for any other input as needed based on what Attorney � � Shannon may present cxuubmi{into evidence. AttorneyShanno � stated that the Genesis oC this issue|athat North Andover Do|dingaDLCiudeveloping a property down o1Berry Farm. They contracted with a General Contractor Pilot Construction,that contract has a value of$38.7 million, Several subcontractors then contracted with Pilot Construction, one of which is National Refrigeration,who is doing the Plumbing and some gas work. That contract iu $2.| million. When National Refi-igeration went to apply for the building permit the Building Inspector calculated the fee based upon the$3&J million dollar price. National Refrigeration does not think that io accurate p/c believe the plumbing permit fee should be based upon either the value of the plumbing subcontract or the number of fixtures to be installed at the site. There isou dispute that the Town has the authority to assert and levy regulatory fees. The only question that we have is the statute in the case lax/ | that the fee has to be reasonable and proportional it's a two part test,the first part being io the test io reasonable. Soio the fee reasonable � � in compensating the Town and its officials for the work they are going to do to oversee this Plumber and what he work that he does,and is it correlated to the those cost of those expenses. The second part of the test is whether or not its proportionate,this is my problem The [ � Town of North Andover's plumbing inspector, is assessing the saine fee to all of the subcontractors. 8e charged the same*58thousand my National Refrigeration contractor and he charged the same amount to the Electrical subcontractor,but we both have two(2)different contract prices. National Re6igcmdouiaut$2.l million and the Electrical subcontractor inat$3.5 million oo it's not proportionate h � can only be proportionate if the value of the contract or based on The Town of North Andover's fee schedule the number of fixtures that � � o party iooNDo,. To make a uniform and unilateral fee across the board based upon an overall construction price is not proportionate; � beouusuNo|ionalR*ftigeradonimnotJoinA$3XmH|iooJoOara` wort6o[v/orkNadonu|Rc6igerohouiaon)ydoing$2.1 million � dollars' worth of work. So that fee that is being charges is not in proportion to the value of the work that we are providing on the ' project. So the cases have said that One(1)you have to prove its reasonable,which Attorney Shannon is not protesting,what is being contested is that it has to be proportionate to the value of the work and your plumbing inspector interprets the cost of construction in � your fee schedule based on the construction of the overall contract. There are very few Towns io Massachusetts that doh this way, most Towns base the fee on the amount of the subcontract they do not calcite it on the overall construction contract cost. � ILlMdzt)LiLe asked if this iu how the Plumbing Inspector does it for the Town orjuo(for Attorney Shannon's contract. Attorney Shannon stated that lie only knows about his project, E. Mclntyrejust wanted to clarify that Attorney Shannon is not speaking about the Town as a whole butjust as in relates to his project, and not how the Town assess fees axnwhole. 3111 ugc Juuou ,y ] 2 , 20 1 6 Town of Norlh Andovel- APPRO111.1)2109116 ZONING BOARD 0F APPEALS AffiwyA01anzi 111,Lsq. Cbuirmxu ttORTH A«mocimiuMumbmr Ellen McIntyre, JRm/grMorgxntko/ l\ }hu/Ifoxh Jr.Esq. 0 to Nathan J. /&gnreich J&m8mc/x A&zun(lria A. jWoo6oEsq. Douglu(lgh/ Zoning Enforcement Officer GeraNA. Bmwn Attorney Shanno confirmed that lie is just speaking of the Town based on his project alone. Attorney Shannon did his own calculations s and asked to approach the board to give them a copy of his findings(see January 12,2016 Exhibit I Permit Fee Calculation). A Manzi asked Attorney Shannon if this paper was submitted to the Board previously or if this was a new Exhibit.A.Manzi also asked for no additional copy of the handout 1u have o copy for the file. Attorney Shannon stated that this was unew Exhibit. Attorney Shannon also stated that there are two manners with which you call calculate the fee. The Towns fee schedule for plumbing permits gives you ul/|0"^o[l 1/2%nf the estimated cost oy construction orthe minirnorn fee. &Yy top calculation ixthe%of Estimated Construction Cost,then the Minimum Fee is based upon depending on the type of project You have a per fixture fee.(see January 12,2016 Exhibit I Permit Fee Calculation). Su from National Refrigeration � perspective the correct proportion of this fee ia either the$3,208.O0o«the$l4,05D.OU(see January l2`20|6Exhibit l Permit Fee Calculation). A. Manzi asked for c|mifiuotiouoil what amount was actually paid. � Attorney Shannon stated that the fee paid was$58 thousand. He also stated that in the packet submitted by National Refrigeration ioall email from Building Inspector Gerald Brown in which lie shows how he walks thrU his calculations and lie lists the fee he has collected from both National Refrigeration and the Electrical Subcontractor, and]low the fee is the exact same even though they have two different subcontract amounts. So Attorney Shannon does not believe that the Town meets the proportionate test in regard to what the case law requires. So Attorney Shannon is requesting the Board to find that based upon the Plumbing Permit fee schedule that the Construction cost is actually the Subcontract arnount and that the Plumbing Inspector should calculate the fee either based on the fixture umunoior the percentage onuonntof the subcontractors contract. | A. Manzi wanted to confirin with Attorney Shannon that the Board has all the exhibits and documentation as part of the revised application lie submitted. Attorney Shannon confirmed that the Board has the documun{aan listed and submitted. A. Cuscia question to Attorney Shannon was why this was not brought before the Town of North Andover's Board of Selectman and/or the Town Manager. Attorney Shannon stated that the Coin mon wealths Statutes are not the model of clarity in many areas, and in this particular case Statute / Cbnpkz 143 aocdou lOO basically says that it's the State Board of Appeals unless the Town has all appeal vehicle and the Town of North Andover does has oBoard. � � A.Cuscia and A. Manzi clarified that Attorney Shannon is speaking about the Zoning Board of Appeals with respect to the fees themselves. Attorney Shannon agreed with that and went oil to say that anything as it relates to the Board of Building Regulations and Standards � falls ru the Zoning Board of Appeals. A.Cuscia asked Attorney Shannon if he had tried to go to the Selectman or the Town Manager or if he thought the%B/\was tile appropriate place for this to be heard. � Attorney Shannon states that he believed that the ZBAix the appropriate place for this tobeheard. � � � A.Manzi asked if the Knott case that Attorney Shannon io referencing io the Board's application packet. 4 1y a o ] a o v o ,y 1 2 . 2 0 1 6 ?bun ofNorlh Andover ZONING 8LW}U) OFA/PEAL3 Albert P.Manzi J/1,Esq. Chairman Associate Member l0\n����I//�/� "�iom-'Cbui,mno QeoeyMo(gm/Chx/ I\ Paul Koch Jr. Esq. Nathan J. /Neh/rcic0 Alko, Cxxdx A/czun(friaA. Jacobs Esq. I>oxglu@gin Zoning Enforcement Officer Gooa6/,4.Bro`v// A. Jacobs stated that yes itio Exhibit B iu the application packet. Attorney Shannon instructed the Board to go to page 4 of Exhibit B. on the right hand column second sentence; "Neither Knott, not-the Town,has introduced any evidence of the Town by-laws or ordinances relevant to procedures available for reviewing the Town's permit orders.[HN6]Judicial notice cannot be taken of municipal ordinances or by-laws. D'/m/vuxo/SYigi//otino Fathers, Inc. nSeu,o/m7q,A'6n. '8 Finance, 36VA&m«. 562568, 241 yK/l2J662/7976V;Boxltm'Bros. Constr. Co. x Zoning Board q/A/pvols 0(, 4584a, . App. C128Y' 284n.2, 6y7N./l2dVV7(?YyX). VVu note only that lfuu appeal uf the Building Inspector's or Board of Selectmen's permit decision could have been appealed to a local zoning board of appeals, see G.L.c. 40A§8; Richardson nZoning Board qrAI)poo6@rFroo/i\ghon, JJ/Mass. 375, 380, 22//KE,2J3V6(?y66)' Knott's failure to have put-sued that administrative remedy in compliance with the procedural requirements of the applicable Town by-law and G.L.c. 40A.would have amounted t*a waiver[**O] o[his right{o judicial review. See Fitch n Board @/zh)1_?oo6Conxm'cl, JJ Mass.App. {t 778, 753' 774 N.fI261107(2002);Du/ommx Town qf Hingham, 4/Mass.App. Cf. 2&l203-264, 669/�E.2d461 (1996). � D.P. Koch asks Attorney Shannon what lie believes the above paragraph is suggesting. � Attorney Shannon states that this paragraph describes the procedure that lie is following. In the case that is being referenced James M. Knott v. Town of Northbridge,2005 Mass.App. Div. 135 (Western Dist.Nov 2,2005).Mr. Knott's action was dismissed due rothe � underlying reason that he did not go to the Town's Appeals process prior to filing with the District Court. � D.P.Koch asked Attorney Shannon where d states clearly that the Town DfNorth Andover is the appropriate place for e,appeal ofthe Building Inspectors decision regarding permit fees. Attorney Shannon states that it does not specifically state that the Town of North Andover Zoning Board of Appeals is the place,but if you read the 11"'line of the paragraph it states"We note only that if an appeal of the Building Inspector's or Board of Selectmen's permit decision could have been appealed to a local zoning board of appeals,see G.L.c. 40A§/tR/u6m'Jbonv. Zoning Board()J' � /ppnu6qffi'o/xin\g600, 3JIAoao. J75, J80, 22/8(E.2J3y6(/y6(V' Knott's failure to have pursued that administrative remedy iu � compliance with the procedural requirements of the applicable Town by-law and G.L.c. 40A. Would have amounted to a waiver [**8] of his right to judicial review. See Fitch v. Board g/A/poo6Coxom'cl, J5-A&zss.A/y/. Cf, 778, 753. 774/KI[2J1107(2002); Vu/xom1,. 7bnnYfffinghoo, 41 86rm.A/?p. Cl. 260, 263-264, 669&(E.2d461 (/y96).~ D. P. Koch asks for clarification as to where it states that the Town's Zoning Board of Appeals is the correct place for this to be heard. Attorney Shannon � zcferonooa Chapter 143 Inspection and Regulation of, and Licenses for,Buildings,Elevators uodCinernuWgrup6a � §|00. State Building Codu—BuildbugCodnApyoaloBoavd. AJ the very end the last two sentences refers tou local Board of Appeals iu � o city oz Town oru Regional Board oCAppeals. D.P.Koch reads the highlighted portion."The appeals board may establish a local board of appeals in a city or town or a regional board of appeal for more than two or more cities or towns consisting of not less than three nor more than five members. The appeals board may require as a condition precedent to appeal to the appeals board that said appeal must first be heard by such local or regional board of appeals. Such local or regional board of appeals may establish rules for its own procedure and shall have the sarne powers and duties � relative k/appeals au the building code appeals board." Attorney Shannon stated that when the case was first presented to them they were unsure as to where they should present the case, whether it was the Town of North Andover Zoning Board of Appeals or the State Board of Appeals for Building Regulations and Standards. 8oi{was send tuboth. The State Board of Appeals rejecting it stating that no it needed to go to the Town's Zoning Board of Appeals first. � � 5111 ag e Jonoa,y | 2 , 201 6 � � Town Annhvm ZONING BOARD 0FAyPEAIS Albert P.Manzi III,Esq. Cboicmon AumeciotoMmnnbmn �bnB ���yr4Vino-C6oirmuo DeoeyMorgmtko/ I\ Paul Koch JnE sq. 0 NuthonA Wei/reich AllanOmc/o Alexandria A. Jacobs Esq. Ao»�lo Zoning ocmmo(��fDx*r Gmn6fA. Bnowx vs HU A`Manzi ia requesting clarification of the first contact with the Town of North Andover's Building Inspector,and the subsequent dates of Filing. Attorney Sharrion confirms all dates to which A.Manzi states. A. Manzi asks Attorney Shannon about the 30-45 day filing and that the Town Clerks time starnp of 12/17/2015 is beyond that time fi-omu. Attorney Shannon states that the Building permits were ioo phase schedule which was un going until October 26,2O|5. B]VkdatMaakod Attorney Shannon to clarify if the ynond/Work schedule was provide to him u(once. Attorney Shannon agrees that ia was provided in advance oodo1onothnconBuptembnr29,2O]5. {l-2]Koch asked for clurifivationand the location of the language proportionate. Attorney Shannon states that i1 can 6e found iu the Paid}( V'on City Y/'A///o6mv& Others, Brb/v/ Ap/W 6, 20&9. —June 26, 20DV. The Board discusses the fees as it relates to the overall contract vs.the subcontract figures.Also being discussed is the fact that this is � | being heard by the Board instead of by the Towns Board of Selectman or the Town Managers office, � Andrew Mayloi, Town Manager for the Town of North Andover addresses the Board. Speaks to the applicable statute provided to the | | Board inAttorney Shannon's application section IA. - Annotated Laws of Massachusetts-Part I Administration of Government Title / XX Public Safety and Good Order—Chapter 143 Inspection and Regulation of,and Licenses for, Buildings,Elevators and � Cioomuto8rupbo §]O0. State Building Code—Building Code Appeals Board. Mr.YWoykx questions the reference where d states board � of appeals and the relation to the Town's Zoning Board ofAppeals. Mr. Muy|nr also references section Cof tile packet where tile BBBR8 Appeals Board does not have jurisdiction ro hear this case. Attorney Shannon requests A. Manzi 10 ask Mr. Maylurif the Town has other appeal boards. Mr.Maylor states that there are other boards that are connect to statutory provisions. � � The Board discuss Town Counsels letter and the dates of the applications and appeal were filed with the ZBA.Also being discussed iu the use of Massachusetts-Part I Administration of Government Title XX Public Safety and Good Order—Chapter 143 Inspection and / Regulation of, and Licenses for,Buildings,Elevators and Cinematographs §100. and its relevance to this hearing. � IlI.J Koch asked J there was anything in writing N declare o Towns Zoning Board of Appeals ua the body tu hear all uppouVapp|ioudon u[these matters. � Attorney Shannon states that no he does not have anything in writing that say the Towns Zoning Board is the place for this to be heard. � � A. Cuscia asked why this was not brought to the Town Selectman instead of the ZBA. / Attorney Shannon states that the case law buio siting names the Zoning Board. � D.P. Koch notes that he does not believe that all appeal under Massachusetts-Part I Administration of Government Title XX Public � Safety and Good Order—Chapter 143 Inspection and Regulation of,and Licenses for, Buildings,Elevators and Cinernatographs§100, Should ho heard bythe Zoning Board. � 6 113 u&o J o o o n ,y 1 2 , 2 0 1 6 � Ton Andover ZONING BOARD 0FA/YEALY /|0mYP-3&x/z/III,Esq. Chairman Associate Mmnuhmn J0/u/ A WIntyne, `Kicc-Chuirmun J0uneyA&//gx//n)x/ l\ Paul Koch Jr.Esq. Nathan J( Weinreich A&m0/xc/o Alexandria A. Jacobs Esq. Bu«JlwWgh, ZouiugEnforcement Officer OAT 0 Gan6fA. B/nwn The Board discusses the procedural and the legal issues o[the appeal. Attorney Shannoi directs the Board that he would like to have a decision by the Board with the information they have before them. Daniel Weeder 48 Winsor Lane(Abutter to the property)asks to address the Board.Mr. Weeder states that fie iau commercial plumber and is against finding in favor of this applicant due to the fact he believes the Town has the right to set fees. A. Manzi confirms with Attorney Shannon that lie is asking for a decision tonight based on the information that has been submitted. Attorney Shannon confirms the request. 'file Board discusses all procedural and infonuotion in regard/o the case. � A. C!scia moved m close the public hearing. � E.JVkibIty Le seconded. � All in favor to close A. Manzi, B. McIntyre,A. Cuuuia,D.Lodgin,D.P.Koch � 5-0iu favor toclose The Board deliberated on what they heard tonight and all evidence and correspondence provided to them by the applicant. � | D.P.Koch enters a motion on the application of Shannon Law Associates oil behalf of National Re6igezukm,Too.,for property located at 16 Berry Street (Mop 106D' Parcels 0032). North Andover, MA 01845 in the K-3 Zoning District, The Petitioner is requesting e Finding(s)to appeal the determination made by Mr. Brown and the reasonableness of the plumbing permit fees assesses by the Building Dopnronentrocompunoo<o1ho7oxmofNnrtb/\ndovertb/baunhcipaiod/cgu|uto/yoxponoe. PomnmdLnN|m/a. Gon. LC. 40, 022yJt Mass. Cfou. L u. 143 V lOO. D.P. Koch referenced all letters and written materials that were in front of him, along with all associated dates and those that prepared and/or created said documents. /Lluscia seconded the motion All in favor for a Finding to uphold the Building Inspectors decision: A.Manzi,E. McIntyre,D.P. Koch,/\. Cnaoiu,D. Lndgio Not iuFavor. 5-0 denied Finding ioDENIED Miscellaneous 2016 MectinjZ Calendar � Zoning Board of Appeals meeting schedule for 2Ul6 for approval, which is for regularly scheduled monthly ZD/1 meeting\ubo held u( � the School Administration Building and the Senior Center as needed during the construction of Town Hall. A.{Cuscia moved 1oapprove DJLudIdnaoconded All io favor to approve: A.Manzi,E.McIntyre,A. Cuaoie,D.P. Koch,D.Lu6giu. OSGOD Committee Memo A. Manzi next oil the agenda is the Osgood Committee memo dated November 03,2015,from the Town of North Andover's, Town Manager Andrew Maylor regarding a recommendation to the Town of North Andover's Board of Selectman,to appoint a committee whose mission will be to review tile OSGOD(Osgood Landing Smart Growth Overlay District)and make recommendations for � � modification N the bylaw Nu future Town Meeting. lbNher recommend that the committee bx chaired bv the Director ofCommunity 7 1ya &o Jao " o,y 1 2 . 2 0 | 6 � 2bxv ofNorth Andover ZONING BOARD OF,APPEALS Albert P. Monx/III,Esq. Chairman OORTH Associate Member lflm/A IlIcI/0'ne, Vicm-Chuirmnn DooeyMo(goo60u/ l\ Pxo/Koc6 Jr.Es q. Nu/0o//J. Weh/ruk6 ,4/lanCbmc/o A/eznx(lvaA. Jacobs Esq. J)ouglndgh/ Zoning Enforcement Officer Gun/d.4. Brnwx and Economic Development for the town and also include a representative of the Zoning Board,Planning Board, Conservation Commission, o town resident and/or whomever else you believe appropriate. A.JvaI2i expressed his uou000su regarding the memo. E. McIntyre and A. Juon6u conveyed their support for oZ8/\ Board member to bo part of the Osgood Committee. � � A,&8aylor clarified that this committee would be no advisory committee for the 4O|lOverlay District and the Bylaw nuodo up by the � Land use Boards of the Town; and that it would be open to the public and to the owner(s). A~Manzi questioned ou whom this Committee would beadvising. A.]Nbaylor explained that the Committee would be advising the 7uvvoa Board of Selectman and he also made ounn(iou that the Bylaw � that ia being discussed has not been reviewed since 2O0?. � A. Manzi discussed the history o[the 40ll Overlay District and how b came about, | The Board members discussed who would 6c part ofthe committee and how they would determine which momber(a) would bo oil tile | committee. The Board discussed the memo dated January 07,2016 from the ZBA in regard to the Osgood Committee. flJlcdn12me made n motion to approve the memo dated January 07,%0|6 regarding the Osgood Committee. A.{uscia seconded the motion. All in favor(o approve:/\. Manzi,B. McIntyre,/\. Cuxcio,D.9. Koch,D.Ludgio The Z8/\members agreed\o6e part of the OSGODcommittee A.{uscia made a motion to elect Ellen McIntyre to be the ZBA's participant with Alexandra Jacobs,Esq. to be the alternate mernber. I .lLudgh i seconded the motion. All io favor\o approve:&.Manzi,8.McIntyre,/\. Cuooix,D.P. Koch,D.Ludgin A. Manzi requests approval fi-oni the Board to send a merno to the Town Manager stating who has been elected to the OSGOOD Committee. The Board all agree to this request. Board Elections The Position of Chairperson,Vice Chairperson and Clerk for the Zoning Board of Appeals is open. E.McjnjM made a motion to appoint Al Manzi 111,Esq. as Chairperson,Ellen McIntyre as Vice Chairperson and D. Paul Koch,Esq.to the clerk position, � � A.{uscJa seconded tile motion. All iu favor io approve:/\.Manzi,E.McIntyre,&. Cuooio`D.P. Koch,D. Lodgin AdUougnment: V:23pom I .P,_Koch made o motion{o adjourn the meeting. EJ McIntyre second the motion | All were in favor to adjourn the meeting:E. McIntyre,D.P. Koch,A. Cuscia,N. Weinrcich and D.Morgantbal. � � 81v u&n ] a u u o ,y \ 2 , 2 0 16 � � Ybnn Andover ZONING D0J8D0F A/YY A IS A/6mrtP.8{u/z/f1l Esq. Chairman 00RT#j Associate Member Ellen P.Mclidy/e,Vice-Chairman Du/erMo/2ant0o/ &Paul Koch Jr.Esq. Nathan IB,einmich Alexandria���. ��co6x8mg. Boug1oulgin Zoning Enforcement O@Dumi � Gmn/dA. Bmwn ---------------------------------------------------------------' Meeting Materials Zoning Board of Appeals Agenda January ]2`20|6`Draft Minutes November lO,2Ol5,November O3,20l5O8G0D Committee Memo,January 07,2016 ZBA Letter regarding OSGOD Memo,Town Manager Letter regarding OSGOD Memo, Application Shannon Law Associates on behalf of National Refrigeration,Inc., for property located at 16 Berry Street(Map 1068, Parcels 0032in the D-3 Zoning District. Exhibit/\—September 22'2O}5 Letter from Shannon Law Assoc. to Mr. Gerald Brown, Exhibit B—September 23'2U\5 email from Mr. Brown 10 Shannon Law,4a000.' Tovvuof North Andover Building Permit fees,Town of North Andover Plumbing Permit Fees,North Andover Fee Calculation, Berry Street Project Plumbing Permit Fees September |7'28|5, October 26,2O|5 Letter from Shannon Law Assoc.io Town of North Andover ZB/\,October 37,20l5 letter from Shannon Law Assoc. to Board of Appeals included application to Coin n-ionwea Ith of MA. Department of Public Safety,December 17,2015 Town of North Andover ZBA application and documentation for a Finding,January 11,2016 email from Thomas Urbelis to Merylle Chase: Re; National Refrigeration,Legal Notice,October 26,20]5 Letter from Shannon Law—(o Town w[North Andover Zoning Board oF � Appeals,January )2,2Ol6 Exhibit i submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation,LexisNexis— Annotated Laws of Massachusetts-Part I Administration of Government Title XX Pub]ic Safety and Good Order—Chapter 143 Inspection and Regulation of, and Licenses for,Buildings,Elevators and Cinernatographs §100. State Building Code—Building Code | Appeals Board,LexisNexis—James M. Kiiott, Sr. vs.Town of Northbridge, State of Massachusetts,Appellate Division, Western District,200JA&asx./j)p Div. /35;200586asx. A/�). Div. lEUS46,November O2,2O85,Decided,November l6`2O|5,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon, 111, � � Boq.`Copy u[National KeUigorabon Check 4|086, Copy of Town ofNorth Andover Plumbing Permit#il363,Copy ofMassachusetts � Uniform Application for a Permit tu Perform Plumbing Work. For Buildings ]'3`9,4&Club House,Abutter's list, December )5,2U|5 � Letter nf Authority for National Refrigeration, Quitclaim Deed. � � � | � � J l2 20ib 9�P u n u n,y a&o .