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HomeMy WebLinkAbout2010-08-10 Zoning Board of Appeals Supplemental Materials Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi III Es q. Chairman 3 °9�1"S. b 4�° A Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * Michael P. Liporto Richard M. Vaillancourt o Zoning Enforcement Officer Daniel S. Braese, Esq. A Gerald A. Brown SCHU`� DRAFT MINUTES Tuesday, August 10th, 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Ellen McIntyre, Richard Byers, and Richard Vaillancourt, and Daniel Braese Associate Members: Thomas Ippolito, and Michael Liporto Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused absence: Albert Manzi Acting Chairperson, Ellen McIntyre called the meeting to order at 7:40. McIntyre stated that Albert Manzi has an excused absence and that she will be the acting Chairperson tonight, Richard Vaillancourt will be the acting Vice-Chairperson and Richard Byers will remain as Clerk. Pledge of Allegiance APPROVAL OF MINUTES June 22, 2010 Richard Byers made a motion to approve minutes. Richard Vaillancourt second the motion. Those voting in favor to approve the minutes were: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, Thomas Ippolito, and Michael Liporto. All were in favor. Committee Reports Housing Partnership-Ellen Mcintyre. Housing Partnership Committee had a summer break and had nothing new to report back, except to congratulate and wish Steven's Corner well, since they recently had the ground breaking ceremony. McIntyre also wanted to congratulate Daniel Braese as a regular member to the board and also stated that she was also reappointed for 3 more years on the Board. McIntyre also wanted the Board to be aware of the new Open Meeting Law material that was placed into each Board Members package this month. 1275 Turnpike Street (Boston Hill property) requesting a Variance be extended before it expires Sep 8, 2010. Jason Robertson, of Elm Development LLC Services walked over to the podium and stated he is here because the variance they have is set to expire in approximately 3 weeks. Page 1 of 7 August 10, 2010 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi III Es q. Chairman 3 °9�1"S. b 4�° A Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * Michael P. Liporto Richard M. Vaillancourt o Zoning Enforcement Officer Daniel S. Braese, Esq. A Gerald A. Brown SCHU`� Robertson gave the board an update on what was going on with the project, and the delays they have encountered since they received the Decision in September 2009. Robertson requested the Board to grant a 6 month extension. Byers made a motion to approve the extension for 1275 Turnpike Street for petition 2009-011. Vaillancourt second the motion. Those voting in favor to approve the extension were: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, Thomas Ippolito, and Michael Liporto. All were in favor. McIntyre moved to the next item to be heard by the Board. Stevens Corner, 75 Park Street. Atty. John Smolak spoke on behalf of the applicant. John Smolak stated that at the last meeting in June, that the Board directed him to have Town Counsel review several of the various agreements that required approval (from the Comprehensive Permit Decision). Smolak referred the Board to a letter dated August 9th, 2010 from Town Counsel. McIntyre asked if the Board had any questions for Smolak or any concerns regarding the project. The Board stated they read what was in front of them and was satisfied. Byers made a motion to approve the plans and documents that were reviewed by Town Counsel. Vaillancourt second the motion. Those voting in favor to approve the plans and documents submitted to Town Counsel: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, Thomas Ippolito, and Michael Liporto. All were in favor. McIntyre wanted the Board to know, due to elections, that the next meeting will be held on the 3rd Tuesday of the month, September 21 at the Senior Center. Merrimac Condominiums Atty. Donald Borenstein will speak on behalf of the applicant. Borenstein walked over to the podium and asked the Board for approval in advance for requested permits. Borenstein also wanted approval for the final draft Regulatory Agreement and Deed Rider and final plan set of records. Borenstein stated that Joe Peznola from Hancock Associates will speak next. Borenstein also wanted to refer the Board to a letter from Town Counsel dated August 9th 2010. Page 2 of 7 August 10, 2010 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi III Es q. Chairman 3 °9�1"S. b 4�° A Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * Michael P. Liporto Richard M. Vaillancourt o Zoning Enforcement Officer Daniel S. Braese, Esq. A Gerald A. Brown SCHU`� Before Peznola walked to the podium McIntyre stated that she wanted to approve payments to Hancock Associates from a past invoice of$2,510.00. McIntyre also stated that the applicant has a check for $1,800.00 to pay for an upcoming invoice from Hancock Associates. McIntyre stated that she also approves the payment of an upcoming invoice that will be mailed out from Hancock Associates in a few days. Peznola walked over to the podium and reported to the Board that they have been working with the applicant and his team to get the final remaining items done. They are prepared to report to the Board that the applicant has satisfied the concerns that they had from two Letters dated June 22nd and August 3rd Peznola stated that he had requested to the applicant, that they have 2 sets of wet stamp plans to be endorsed. Especially since this project had various plans over time, and he did not want to have any confusion on what the correct set of plans were. Byers made a motion to approve the final draft Regulatory Agreement and Deed Rider, with exhibits in the form on file with the Board and submitted under cover of the applicant's legal counsel's letter dated July 13, 2010 and to authorize the Board's acting Chairperson, Ellen McIntyre to execute the Regulatory Agreement on behalf of the Board, all in satisfaction of Condition No. 5 of the Board's Comprehensive Permit; and to approve the final plan set of record, on file with the Board, as listed on Exhibit A hereto, in satisfaction of Condition No. 9 of the Board's Comprehensive Permit, and to authorize the North Andover Building Department to issue building permits for the Project in their usual Course. Vaillancourt second the motion. Those voting in favor: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, Thomas Ippolito, and Michael Liporto. All were in favor. Borenstein asked if the board wanted to endorse the plans tonight. McIntyre took a moment to sign the two sets of plans, and also wished the applicant's good luck as they left the room. McIntyre moved on to the Continued Public Hearing. Continued Public Hearing, Kenneth Campisi for premises at: 134 Mablin Avenue (Map 6, Parcel 58) Campisi walked to the podium to state his case of building a new garage. Campisi stated at the last meeting he was given a couple of action items from the Board. Page 3 of 7 August 10, 2010 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi III Es q. Chairman 3 °9�1"S. b 4�° A Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * Michael P. Liporto Richard M. Vaillancourt o Zoning Enforcement Officer Daniel S. Braese, Esq. A Gerald A. Brown SCHU`� One of the two action items was to talk to his neighbors to see how they felt about his project to build a garage. He said since the last meeting, the neighbors seemed satisfied, and that they no longer oppose this project to build a new garage. The second item was to get the approved plans and Variance from a previous project. Campisi stated that he got this information requested by the Board from The North Essex Registry of Deeds, in Lawrence, which he submitted to the Board. Campisi talked of his neighborhood, and how he, as well as his neighbors, had flooding issues over the years. Campisi stated in spite of getting flooded out, he wants to remain in the home that has been in his family, and does not want to sell this property. Ellen asked if any neighbors were present here against or for this project. No one came forward. Campisi stated that he really wanted a garage, and felt that this proposed project was helping the appearance of the neighborhood. Brown spoke up in defense of Campisi. Brown stated that the neighbors, as well as Campisi have had a tremendous amount of hardship, with regards to the floods that have occurred over the years. The pictures of the floods that Campis submitted to the Board prove that. Brown also mentioned that Campisi is trying to do the right thing here, and that a lot needs to be said about the applicant, since he did all that the Board requested of him, such as talking to his neighbors, and getting the correct paper work from the Registry. Brown also went on to say that Campisi has stuck it out through the worst of times. Brown reiterated that no neighbors are here to oppose the proposed garage, and that in itself says something. Brown stated that the Building Department supports his petition. Mcintyre thanked Brown, and stated that she did not see a hardship with soil, shape and topography, since he can still build a garage without a variance. Campisi showed the board where he currently parks and where he would park his vehicle with the proposed garage. Vaillancourt and Byers noted that no neighbors are here to oppose the proposed plans. Byers felt he was in favor of making a better project. Byers made a motion to close the hearing. Vaillancourt second the motion. Those voting in favor to close the public hearing: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, and Michael Liporto. All were in favor. Page 4 of 7 August 10, 2010 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi III Es q. Chairman 3 °9�1"S. b 4�° A Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * Michael P. Liporto Richard M. Vaillancourt o Zoning Enforcement Officer Daniel S. Braese, Esq. A Gerald A. Brown SCHU`� Braese made a motion to grant the Variance to allow from section 7.3 of the Zoning Bylaws to the applicant to construct a garage in the front yard. Byers second the motion. Those voting in favor: Richard Byers, Richard Vaillancourt, Daniel Braese, and Michael Liporto. Those opposed: Ellen McIntyre. 4-1 Braese made a motion to grant the Special permit to allow from paragraph 9.1 of the Zoning Bylaws. Vaillancourt second the motion. Those voting in favor: Richard Byers, Richard Vaillancourt, Daniel Braese, and Michael Liporto. Those opposed: Ellen McIntyre 4-1 Campisi asked if his petition was granted, McIntyre said yes, and wished Campisi luck. McIntyre stated that we will move on to the new public hearing for 0 Martin Ave. V. Scott Follansbee for premises at 0 Martin Ave (Map 45G Parcel 20 and Map 45G Parcel 36). Atty. John Burke spoke on behalf of his clients. Burke talked of the location of the property and that it was actually 2 undeveloped adjoining pieces of property. Burke talked of the neighborhood and character of homes in the area, also submitting to the Board pictures of the styles of homes in the neighborhood. Burke presented to the Board the proposed plan, showing 2 adjoining homes with garages, that his client was proposing to construct. Burke suggested this proposed plan fits the character of the neighborhood. McIntyre asked if these lots were merged and Burke stated that they were 2 separate lots but were owned by one person. Byers asked to see the Variance for this property that was dated from 1987. Byers asked Burke questions regarding this 1987 Variance. The Board looked at the pictures of the neighborhood that were submitted by Burke. McIntyre asked if the Board had any questions for Burke and they were satisfied. McIntyre asked if any abutters where here who wanted to speak for or against this project. Bernadette Curran, walked over to the podium to speak on behalf of her mother, Bernadette Dubois, of 53 Martin Avenue who lives right across the street from the proposed plan. Curran also Page 5 of 7 August 10, 2010 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi III Es q. Chairman 3 °9�1"S. b 4�° A Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * Michael P. Liporto Richard M. Vaillancourt o Zoning Enforcement Officer Daniel S. Braese, Esq. A Gerald A. Brown SCHU`� stated her sister is also an abutter. Curran was questioning who owns the property. She also talked of a particular letter that was sent out to the residents from the applicant/attorney. Curran was also wondering if this was one lot or two. Curran then went on to say that the proposed 2 family home was not in character or harmony with the neighborhood and that she is against the 2 family. Curran also stated that this is not what the neighborhood wants. Curran stated that she would be happy and welcomes anyone to the neighborhood on these lots, but felt any home that comes to this neighborhood should be in harmony with the area. Curran asked the Board to respectfully deny this permit. Stephen Manning, of 64 Martin Avenue walked over to the podium, he stated that this 2 family home proposed does not match with the character of any of the homes that are already in the area. He asked the Board not to grant them this Special Permit. Peter Anderson, of 71 Adams Avenue walked over to the podium and stated he lives there with his wife and 2 children and was against this proposed plan and stated he would be happier with single family dwellings. Paul Dubois, spoke on behalf of his mother, Bernadette Dubois of 53 Martin Avenue and felt it was a beautiful neighborhood and that this proposed home does not fit with the character of the neighborhood. Rita Arcifa, who lives on 62 Adams Avenue stated on behalf of those who live near this proposed home to please not grant this Permit to build on this lot. She stated she can sympathize with those that live close by, because she also has a 2 family near her home and she is not happy with this existing 2 family dwelling. She felt that it has made her property diminish in value. She pleaded with the Board to not approve the proposed plan in front of them. Ellen Anderson, of 71 Adams Avenue walked over to the podium and stated that she loves the area, as well as her neighbors, and her home. Anderson stated that she does not want this 2 family structure on that property, because she felt the structure is too overwhelming for that size lot. Bob Gallagher, of 71 Martin Avenue walked over to the podium and he stated he lives somewhat diagonally across from this property, and had concerns that if this passes, this could open a flood gate for people wanting to build 2 family style homes or multiple homes in the neighborhood where a single family home existed. The Board assured all of the abutters that anyone who would want to do what Gallagher alluded to would still need to be heard in front of the Board, and also be approved by the Board. An abutter suggested that a paper be passed around the room and be signed for those abutters opposing this project. McIntyre was in agreement with this. Page 6 of 7 August 10, 2010 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P. Manzi III Es q. Chairman 3 °9�1"S. b 4�° A Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * Michael P. Liporto Richard M. Vaillancourt o Zoning Enforcement Officer Daniel S. Braese, Esq. A Gerald A. Brown SCHU`� Gabriel Difillippo, of 22 Martin Avenue walked over to the podium and asked the Board why they need a permit to build a home since a Variance was approved in 1987. The Board responded back to Difillippo, stating it had expired. Atty. Burke walked over to the Board, and for the record stated that the letter that was handed to the abutters was not given out with bad intent. Burke stated that he would be willing to meet with his clients, the neighbors and the architect at his law office, to work with everyone on the type of homes for the lots that everyone would be happy with. McIntyre asked Burke if he could submit for the next meeting in September a plot plan of the neighborhood. She also felt it was very important that he try and resolve the issues the abutters had. Curran asked that in the event that the applicant had new plans drawn up of 2 single homes for each lot do they still need to go in front of the Board. McIntyre stated yes, they still would need to go to the Board for approval. Byers voted to continue this hearing till September 21st at the Senior Center. Vaillancourt second the motion. Those voting in favor: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Daniel Braese, Thomas Ippolito, and Michael Liporto. All were in favor. McIntyre called the last item to be heard. Orchard Village Subdivision, Requesting the Board to vote on establishing a bond amount. Philip Christenson stated he represents Orchard Village LLC and he is here because they have established a Roadway Bond, to cover the curbing, top coat for the asphalt, street trees etc. McIntyre stated for the sake of what the amount should be she wanted the DPW to be involved and Town Engineer, Gene Willis as well as an outside consultant. McIntyre asked the applicant to also follow up with the Board Secretary on any correspondences. Byers voted to adjourn the meeting. Vaillancourt Second the motion. All were in favor. ADJOURNMENT Meeting was adjourned at 9:30. Page 7 of 7 August 10, 2010