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HomeMy WebLinkAbout2016-01-12 Zoning Board of Appeals Minutes (2) Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin I� ,°�+ Zoning Enforcement Officer 4 SACHUS I Gerald A.Brown Tuesday January 12,2016 at 7:30 PM School Administration Building 566 Main Street,North Andover,Massachusetts Members present:Al Manzi III,Esq.,Ellen P McIntyre,Allan Cuscia,Doug Ludgin and D.Paul Koch Jr Esq. Associate Members present:Deney Morganthal,Alexandria Jacobs,Esq.,and Nathan Weinreich. Pledge of Allegiance Al Manzi III called the Special Meeting to order at 7:31pm December ZBA Meeting was cancelled Acceptance of Minutes November 10,2015 E.McIntyre made a motion to approve A.Cuscia second the motion Those voting in favor to approve the minutes were:A.Manzi III,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 he will be going out of order tonight and hear the Continued Public Hearing first and then move on to miscellaneous administrative matters. Committee Reports Housing Partnership Committee E.McIntyre re had nothing to report on the Housing Partnership. E.McIntyre requested the ZBA Department assistant to find out if there is still a Housing Partnership Committee. Continued Public Hearing Finding Shannon Law Associates on behalf of National Refrigeration,Inc.,for property located at 16 Berry Street(Map 106.1),Parcels 0032).North Andover,MA 01845 in the R-3 Zoning District. Petition 2015-010 Attorney F. Shannon on behalf of National Refrigeration is at the podium/table to speak.A.Manzi is addressing F. Shannon on clarification of the request. Specifically the request to continue the hearing from December due to Mr. Shannon being unable to attend due to 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 he 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 he holds a Electricians journeyman's license if Attorney Shannon would like him to recuse himself. Attorney Shannon stated that A.Manzi did not need to recuse himself. A.Cuscia disclosed that he is a master plumber and belongs to the same union as Mr.Hurley and that he is doing some home remodeling and will be obtaining a plumbing permit from the Town of North Andover. Attorney Shannon stated that he did not need for A. Cuscia to recuse himself from the hearing. Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin I� ,°�+ Zoning Enforcement Officer 4 SACHUS I Gerald A.Brown 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 as it relates to the evidence in regard to your hearing. D.P.Koch asked for clarification that it requires a four(4)out of five(5)vote not four(4)out of seven(7). A.Manzi clarified that yes it is 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 in which case Deney Morganthal would be the alternate. Attorney Shannon asked if the alternates are free to 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.P.Koch read the Legal Notice: Legal Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, January 12, 2016, at 7:30 PM to all parties interested in the petition of Shannon Law Associates on behalf of National Refrigeration, Inc., for property located at 16 Berry Street(Map 106.1), Parcels 0032). North Andover,MA 01845 in 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 by the 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.c. 143 § 100. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, 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 8:00 to 11:30 By order of the Board of Appeals Albert P.Manzi III,Esq.,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 he has never had a request such as this one,or where the authority of the Board lie.The letter from 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 as to the substantive issues. Attorney Shannon stated that from a back ground point of view there is a 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 to Mass. Gen.Law Chapter 143 section 100 has the ability to hear appeals unless the Town has some type of forum by which an appeal such as this can be heard. 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. Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin �� ,°�+ Zoning Enforcement Officer 4 SACHUS I Gerald A.Brown 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 from. Attorney Shannon stated that it is definitely a unique situation where there have only been two (2)to three(3)cases in the history of Massachusetts that focus on fees. Only one case is Building fees which was an appeal,which was the second case,and the third case where for burial fees. So it is clear to us that the Zoning Board is the appropriate place for this and if there were to be an appeal from either us or the Building Inspector then it would be to the State Superior or District Court due to some recent rule changes. A.Manzi clarified as it relates to a decision that this Board would issue. Attorney Shannon 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 or submit into evidence. Attorney Shannon stated that the Genesis of this issue is that North Andover Holdings LLC is developing a property down at Berry 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 is$2.1 million. When National Refrigeration went to apply for the building permit the Building Inspector calculated the fee based upon the$38.7 million dollar price. National Refrigeration does not think that is accurate we 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 is no 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 law that the fee has to be reasonable and proportional it's a two part test,the first part being is the test is reasonable. So is 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 same fee to all of the subcontractors. He charged the same$58 thousand my National Refrigeration contractor and he charged the same amount to the Electrical subcontractor,but we both have two(2)different contract prices. National Refrigeration is at$2.1 million and the Electrical subcontractor is at$2.5 million so it's not proportionate it 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 a party installs,. To make a uniform and unilateral fee across the board based upon an overall construction price is not proportionate; because National Refrigeration is not doing$38 million dollars' worth of work National Refrigeration is only doing$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 in Massachusetts that do it this way, most Towns base the fee on the amount of the subcontract they do not calcite it on the overall construction contract cost. E.McIntyre asked if this is how the Plumbing Inspector does it for the Town or just for Attorney Shannon's contract. Attorney Shannon stated that he only knows about his project. E.McIntyre just wanted to clarify that Attorney Shannon is not speaking about the Town as a whole but just as in relates to his project, and not how the Town assess fees as a whole. Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin �� ,°�+ Zoning Enforcement Officer 4 SACHUS I Gerald A.Brown Attorney Shannon confirmed that he 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 1 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 an additional copy of the handout to have a copy for the file. Attorney Shannon stated that this was a new Exhibit. Attorney Shannon also stated that there are two manners with which you can calculate the fee.The Towns fee schedule for plumbing permits gives you a 1/10"'of 1 '/z%of the estimated cost of construction or the minimum fee.My top calculation is the%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 1 Permit Fee Calculation). So from National Refrigeration perspective the correct proportion of this fee is either the$3,200.00 or the$14,058.00(see January 12,2016 Exhibit 1 Permit Fee Calculation). A.Manzi asked for clarification on 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 is an email from Building Inspector Gerald Brown in which he shows how he walks thru his calculations and he lists the fee he has collected from both National Refrigeration and the Electrical Subcontractor,and how 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 amount and that the Plumbing Inspector should calculate the fee either based on the fixture amount or the percentage amount of the subcontractors contract. A.Manzi wanted to confirm with Attorney Shannon that the Board has all the exhibits and documentation as part of the revised application he submitted. Attorney Shannon confirmed that the Board has the documents as 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 Commonwealths Statutes are not the model of clarity in many areas,and in this particular case Statute Chapter 143 section 100 basically says that it's the State Board of Appeals unless the Town has an appeal vehicle and the Town of North Andover does has a Board. 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 on to say that anything as it relates to the Board of Building Regulations and Standards falls to 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 ZBA was the appropriate place for this to be heard. Attorney Shannon states that he believed that the ZBA is the appropriate place for this to be heard. A.Manzi asked if the Knott case that Attorney Shannon is referencing in the Board's application packet. Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin �� ,°�+ Zoning Enforcement Officer 4 SACHUS Gerald A.Brown A.Jacobs stated that yes it is Exhibit B in 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,nor the Town,has introduced any evidence of the Town by-laws or ordinances relevant to procedures available for reviewing the Town's pennit orders.[HN6] Judicial notice cannot be taken of municipal ordinances or by-laws. Trustees of Stignzatine Fathers,Inc. v. Secretary ofAdnz. &Finance, 369 Mass. 562, 568, 241 N.E. 2d 662(1976);Boulter Bros. Constr. Co. v. Zoning Board ofAppeals of Norfolk, 45 Mass.App. Ct. 283, 284 n.2, 697 N.E.2d 997(1998). 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§8; Richardson v. Zoning Board ofAppeals of Framingham, 351 Mass. 375, 380, 221 N.E.2d 396(1966), Knott's failure to have pursued that administrative remedy in 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 ofAppeals Concord, 55 Mass.App. Ct, 778, 753, 774 N.E.2d 1107(2002);Balcam v. Town ofHingham, 41 Mass.App. Ct. 260, 263-264, 669 N.E.2d 461 (1996). D.P.Koch asks Attorney Shannon what he believes the above paragraph is suggesting. Attorney Shannon states that this paragraph describes the procedure that he 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 to the 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 it states clearly that the Town Of North Andover is the appropriate place for a,appeal of the 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§8;Richardson v. Zoning Board of Appeals of Framingham, 351 Mass. 375, 380, 221 N.E.2d 396(1966), Knott's failure to have pursued that administrative remedy in 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 ofAppeals Concord, 55 Mass.App. Ct, 778, 753, 774 N.E.2d 1107(2002);Balcanz v. Town of Hingham, 41 Mass.App. Ct. 260, 263-264, 669 N.E.2d 461 (1996)." 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 references Chapter 143 Inspection and Regulation of,and Licenses for,Buildings,Elevators and Cinematographs §100. State Building Code—Building Code Appeals Board. At the very end the last two sentences refers to a local Board of Appeals in a city or Town or a Regional Board of Appeals. 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 same powers and duties relative to appeals as 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. So it was send to both. The State Board of Appeals rejecting it stating that no it needed to go to the Town's Zoning Board of Appeals first. Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin I� ,°�+ Zoning Enforcement Officer 4 SACHUS I Gerald A.Brown A.Manzi is requesting clarification of the first contact with the Town of North Andover's Building Inspector,and the subsequent dates of Filing. Attorney Shannon 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 stamp of 12/17/2015 is beyond that time frame. Attorney Shannon states that the Building permits were is a phase schedule which was on going until October 26,2015. E.McIntyre asked Attorney Shannon to clarify if the Permit/Work schedule was provide to him at once. Attorney Shannon agrees that is was provided in advance and at one time on September 23,2015. D.P.Koch asked for clarification and the location of the language proportionate. Attorney Shannon states that it can be found in the Paul F. Silva v. City of Attleboro&Others, Bristol.April 6, 2009. —June 26, 2009. 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 Mao,Town Manager for the Town of North Andover addresses the Board. Speaks to the applicable statute provided to the Board in Attorney 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 Cinematographs §100. State Building Code—Building Code Appeals Board. Mr.Maylor questions the reference where it states board of appeals and the relation to the Town's Zoning Board of Appeals.Mr.Maylor also references section C of the packet where the BBBRS Appeals Board does not have jurisdiction to hear this case. Attorney Shannon requests A.Manzi to ask Mr.Maylor if the Town has other appeal boards. Mr.Mao 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 is 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. D.P.Koch asked if there was anything in writing to declare a Towns Zoning Board of Appeals as the body to hear an appeal/application of 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 he is siting names the Zoning Board. D.P.Koch notes that he does not believe that an 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 Cinematographs §100, Should be heard by the Zoning Board. Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin I� ,°�+ Zoning Enforcement Officer 4 SACHUS Gerald A.Brown The Board discusses the procedural and the legal issues of the appeal. Attorney Shannon 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 he is a 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 he is asking for a decision tonight based on the information that has been submitted. Attorney Shannon confirms the request. The Board discusses all procedural and information in regard to the case. A.Cuscia moved to close the public hearing. E.McIntyre seconded. All in favor to close A.Manzi,E.McIntyre,A. Cuscia,D.Ludgin,D.P.Koch 5-0 in favor to close 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 on behalf of National Refrigeration,Inc.,for property located at 16 Berry Street (Map 106.13, Parcels 0032). North Andover, MA 01845 in 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 by the 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.c. 143 § 100. 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. A.Cuscia seconded the motion All in favor for a Finding to uphold the Building Inspectors decision:A.Manzi,E.McIntyre,D.P.Koch,A. Cuscia,D.Ludgin Not in Favor. 5-0 denied Finding is DENIED Miscellaneous 2016 Meeting Calendar Zoning Board of Appeals meeting schedule for 2016 for approval,which is for regularly scheduled monthly ZBA meeting to be held at the School Administration Building and the Senior Center as needed during the construction of Town Hall. A.Cuscia moved to approve D.Ludgin seconded All in favor to approve:A.Manzi,E.McIntyre,A. Cuscia,D.P.Koch,D.Ludgin. OSGOD Committee Memo A.Manzi next on 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 the OSGOD(Osgood Landing Smart Growth Overlay District)and make recommendations for modification to the bylaw at a future Town Meeting.I further recommend that the committee be chaired by the Director of Community Town of North Andover ; OV;D 9,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin I� ,°�+ Zoning Enforcement Officer 4 SACHUS I Gerald A.Brown and Economic Development for the town and also include a representative of the Zoning Board,Planning Board,Conservation Commission,a town resident and/or whomever else you believe appropriate. A. Manzi expressed his concerns regarding the memo. E. McIntyre and A. Jacobs conveyed their support for a ZBA Board member to be part of the Osgood Committee. A. Mao clarified that this committee would be an advisory committee for the 40R Overlay District and the Bylaw made 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 on whom this Committee would be advising. A. Mao explained that the Committee would be advising the Towns Board of Selectman and he also made mention that the Bylaw that is being discussed has not been reviewed since 2007. A.Manzi discussed the history of the 40R Overlay District and how it came about. The Board members discussed who would be part of the committee and how they would determine which member(s)would be on the committee.The Board discussed the memo dated January 07,2016 from the ZBA in regard to the Osgood Committee. E.McIntyre made a motion to approve the memo dated January 07,2016 regarding the Osgood Committee. A.Cuscia seconded the motion. All in favor to approve:A.Manzi,E.McIntyre,A. Cuscia,D.P.Koch,D.Ludgin The ZBA members agreed to be part of the OSGOD committee A.Cuscia made a motion to elect Ellen McIntyre to be the ZBA's participant with Alexandra Jacobs,Esq.to be the alternate member. D.Ludgin seconded the motion. All in favor to approve:A.Manzi,E.McIntyre,A. Cuscia,D.P.Koch,D.Ludgin A.Manzi requests approval from the Board to send a memo 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.McIntyre made a motion to appoint Al Manzi III,Esq.as Chairperson,Ellen McIntyre as Vice Chairperson and D.Paul Koch,Esq.to the clerk position. A.Cuscia seconded the motion. All in favor to approve:A.Manzi,E.McIntyre,A. Cuscia,D.P.Koch,D.Ludgin Adjournment:9:23pm D.P.Koch made a motion to adjourn the meeting. E.McIntyre second the motion All were in favor to adjourn the meeting:E.McIntyre,D.P. Koch,A.Cuscia,N.Weinreich and D.Morganthal. /09116 Town o North Andover ; OV;D �,,,,,,,,,,,„ ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman %'°RTH � Associate Member Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.Esq. Nathan J. Weinreich Allan Cuscia Alexandria A.Jacobs Esq. Doug Ludgin I� ,°�+ Zoning Enforcement Officer 4 SACHUS I Gerald A.Brown ------------------------------------------------------------------------------------------------------------------------------- Meeting Materials Administrative: Zoning Board of Appeals Agenda January 12,2016,Draft Minutes November 10,2015,November 03,2015 OSGOD 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 106.13, Parcels 0032 in the R-3 Zoning District. Exhibit A—September 22,2015 Letter from Shannon Law Assoc.to Mr. Gerald Brown, Exhibit B—September 23,2015 email from Mr.Brown to Shannon Law Assoc.,Town of North Andover Building Permit fees,Town of North Andover Plumbing Permit Fees,North Andover Fee Calculation,Berry Street Project Plumbing Permit Fees September 17,2015, October 26,2015 Letter from Shannon Law Assoc. to Town of North Andover ZBA, October 27,2015 letter from Shannon Law Assoc. to Board of Appeals included application to Commonwealth 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 26,2015 Letter from Shannon Law—to Town of North Andover Zoning Board of Appeals,January 12,2016 Exhibit 1 submitted at ZBA meeting by Attorney Shannon regarding Permit Fee Calculation,LexisNexis— 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 Cinematographs §100. State Building Code —Building Code Appeals Board,LexisNexis—James M.Knott, Sr.vs.Town of Northbridge, State of Massachusetts,Appellate Division,Western District,2005 Mass.App Div. 135;2005 Mass.App. Div. LEXIS 46,November 02,2005,Decided,November 16,2015,Letter from the Commonwealth of Massachusetts,Department of Public Safety,Board of Building Regulations and Standards to Francis Shannon,III, Esq.,Copy of National Refrigeration Check 41086,Copy of Town of North Andover Plumbing Permit 411363,Copy of Massachusetts Uniform Application for a Permit to Perform Plumbing Work.For Buildings 1,2,3,4&Club House,Abutter's list, December 15,2015 Letter of Authority for National Refrigeration,Quitclaim Deed.