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HomeMy WebLinkAbout2010-11-09 Zoning Board of Appeals Supplemental Materials Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� DRAFT MINUTES Tuesday, November 9, 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Albert Manzi, 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 Albert Manzi called the meeting to order at 7:36 Pledge of Allegiance APPROVAL OF MINUTES October 12, 2010 McIntyre made a motion to approve minutes. Vaillancourt second the motion. Those voting in favor to approve the minutes were: Albert Manzi, Ellen McIntyre, Richard Vaillancourt, and Thomas Ippolito. Due to the fact Richard Byers, Daniel Braese, and Michael Liporto did not attend the October meeting they abstained from voting on the minutes. Committee Reports Housing Partnership-Ellen Mcintyre. McIntyre talked of the October 20th Housing Partnership meeting and summarized the topics discussed at the meeting, such as the ballot question#2 (regarding affordable housing), the resale of 40B units, and what is available, the assistant down payment program, as well as funds available and also how to make funds available in the future. Also, McIntyre briefly discussed a possible new development on Turnpike Street, 12 single family homes, may be built on a parcel of land, but this is just in the talking stage. Manzi asked McIntyre a question on rental units, but she said that was not a matter that was discussed at the Housing Partnership meeting. McIntyre stated that the next meeting will be November 17th at 8:30 am at the Town Hall and anyone can attend, and is always welcome to attend. Manzi skipped down to Florida Tower Partners (WOR Associates) 125 Flagship Drive (Map 25 Parcel 80). Manzi stated it was a continued public hearing and the Board was in discussion at the last meeting on the selection of a Radio Frequency Peer Reviewer. Manzi stated that Board had 3 Radio Frequency Engineers to review and interview. Manzi stated that Vaillancourt interviewed the 3 Radio Frequency Engineers. Page 1 of 7 November 9, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� With that being said, Manzi asked Vaillancourt to report on these interviews to the Board. Vaillancourt only spoke to two of the Radio Frequency Engineers, since one of the applicants's never returned his phone call. Vaillancourt talked to the two candidates, Ivan Pagacik and Mark Hutchins. Vaillancourt thought they were both equally qualified. Vaillancourt talked of hourly rates and technical capabilities. The Board asked Vaillancourt questions about each candidate. Vaillancourt stated that if he had to select one, that it would be Hutchins, not because he felt he was better, but because he is familiar with the town and has worked with the Planning Board and Town Counsel, and felt that held some weight. Hutchins also had an inside track on working on projects in North Andover. This Peer Review would be paid by the applicant. Manzi stated that he gets the general sense that the Planning Board and Town Counsel are more comfortable with Mark Hutchins. Manzi stated he had no problem with who the Board went with. McIntyre liked the fact that Ivan would attend and present at Board meetings (if requested) at a lower cost then Mark Hutchins. McIntyre also liked the idea of giving someone new a try. Vaillancourt made a motion to move forward and hire the Radio Frequency Peer Reviewer, Mark Hutchins for the 125 Flagship Drive Wireless application. Byers second the motion. Braese, Byers, Vaillancourt and Manzi were in favor of selecting Mark Hutchins for the applicant. McIntyre was not in favor. 4-1 Manzi also wanted to note that Associate Members, Liporto and Ippolito were also in favor of this. Manzi talked of the escrow account with Slaga. Slaga also mentioned that she will send the material to Mark Hutchins for review, so he could start on his analysis for this project. McIntyre made a motion to give Manzi the authority to sign the contract. Vaillancourt second the motion Braese, Byers, Vaillancourt and McIntyre were in favor of Manzi to sign the contract. 4-0 Slaga signed a continuance time waiver to be heard in December. Byers made a motion to continue this hearing at the next meeting in December. Vaillancourt second the motion. Page 2 of 7 November 9, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Manzi, Braese, Byers, Vaillancourt and McIntyre were in favor to continue. All were in favor. 5-0 Manzi asked Slaga if she knew what Mark Hutchin's time table might be in his review of this project. She responded 2 to 3 weeks. Slaga thanked the Board for going out of order and taking her first. With that being said Manzi went on to the next Continued Public Hearing for V. Scott Follansbee for premises at 0 Martin Avenue (Map 45G Parcel 20 and Map 45G Parcel 36). Manzi stated that the applicant is requesting to continue this public hearing until the December 14, 2010 (the next ZBA meeting). Manzi stated that the applicant is looking to do a redesign on Martin Avenue that will not only satisfy the Board but also the neighborhood. Brown stated that the applicant for Martin Ave came into the office last week and that Brown suggested that he should talk to his attorney first. Manzi felt that continuing this hearing makes sense. Byers made a motion to continue this public Hearing for 0 Martin Avenue. Braese second the motion to continue. Manzi, Braese, Byers, Vaillancourt and McIntyre were in favor to continue. All were in favor. 5-0 Manzi moved onto Edgewood Retirement Community Inc., 575 Osgood Street, they are requesting for extension of Time under Condition 2.a of the Minor Modification to Notice of Decision 2007-022. Scalise spoke on behalf of Edgewood also stating that Atty. Lavoie could not make it to the meeting because he had prior commitments. Scalise wanted to remind the Board that about 5-6 months ago Atty. Lavoie requested a 6 month extension on this project. Scalise stated that are still working with Edgewood Restrictions. Atty. Lavoie has dealt with the Mass Historical Commission and they initially rejected it. They plan on going back for reconsideration. Scalise stated that the Mass Historical Commission wanted to take over the entire building. Scalise said the purpose of the restrictions was to maintain the look of the front of the building as it has been for many, many years. Manzi spoke and said, that is what was represented. Page 3 of 7 November 9, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Scalise stated that the shorter restrictions are in place, it is just the perpetual ones. Manzi told Scalise that he as well as the Board needed to have a better understanding of this request and wanted Lavoie to come in and brief them. Manzi wanted Lavoie to come back in December. Byers voted to continue this request for an extension. Braese second the motion. Manzi, Braese, Byers, Vaillancourt and McIntyre were in favor to continue. All were in favor. 5-0. Manzi stated that we will now move onto Doug Ahern (JeffCo Inc) 250 Sutton Street (Map39 Parcel 19). Scalise spoke on behalf of his applicant giving a little background information on his applicant's proposed project. The applicant has proposed to razing a single family home and putting up a new two family home in its place. This property in question is in an I-S Zone. Scalise stated that the question presented to the Board was, can we add an additional unit in this I-S Zone. Scalise also spoke of the neighborhood and homes that also reside in this industrial area along side commercial buildings. Manzi asked Scalise if he was involved in the filing for the applicant, JeffCo. Scalise said that the applicant filed, but he has been involved ever since. Manzi said this presents 2 issues. One was lot size, and also does the Board have the authority to add a 2 family where a single family resided in an I-S Zone. Manzi said that he and Brown have talked to Town Counsel and wanted Town Counsel to give them an opinion or direction on how to handle this issue. Manzi wanted the Board as well as the Building Department to get some clarity from Town Counsel. Manzi was also looking to the future when other applicant's may have this very same issue. Manzi stated that Town Counsel wanted to shift the burden over to the applicant and have them issue a memorandum to the Board. Manzi felt that this was not right to give the applicant that type of responsibility. Manzi suggested that maybe the Planning Board should take a look at this petition. Scalise and the Board talked in length about the neighborhood, such as lot size requirements for the I-S District, Overlay District, and usages. The Board also talked of the authority with this petition in regards to the Zoning District and lot size. Page 4 of 7 November 9, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Vaillancourt made a motion that Town Counsel gives them more specifics on this case and how to proceed. Braese second the motion. Manzi, Braese, Byers, Vaillancourt and McIntyre were in favor. All were in favor 5-0. Manzi asked this be continued till the next meeting in December. With that being said Manzi moved on to the next continued Public Hearing, for Doug Ahern (JeffCo), for property located at 114-116 Union Street (Map 005, Parcel 0004). Scalise again is representing JeffCo. This property is located in an R-4 Zone. The applicant is seeking permission to raze and build a 4 unit townhouses. Manzi talked of the workshop regarding this petition that was held at Town Hall on November 2nd with Scalise, for the benefit of the Board to understand what took place and what was said. Manzi and Scalise talked of how Lt. Gallagher was supportive on this project, since the site has been empty, condemned, and had many, many public safety issues. Scalise stated the one of the discussions that came out of the meeting was a design change. And they also talked of how Brown made a suggestion of turning one of the townhouses around for the benefit of parking. Scalise and the Board talked of traffic, parking, design and redesign of building, lighting, garages, water run off, landscaping as well as the idea of possibly changing the design of one of townhouse units being turned around. Manzi stated that at first when he heard of this project in September he thought it should be 3 townhouse units rather than 4 townhouses, but now after seeing the cost for demolition he can now understand on a cost analysis standpoint why the applicant would like to put up a 4 townhouse unit on this property rather than 3. John McCarron, who owns property on 122 Union Street, stated he appreciates what the applicant is trying to do, but he wanted to see a 3 townhouse unit on the property. He still felt that this was too much structure for the lot. McIntyre also had concerns with the size of structure on this size lot. Manzi stated to the Board that with all things considered from what we heard on this project that maybe the Board can give the applicant some direction. Page 5 of 7 November 9, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Manzi liked the idea Brown had of turning one of the townhouse units around, but had to admit that he had a difficult time in visualizing it. Scalise was questioning if the Board liked the new plans. Manzi said he needs to buy into something that looks good. Manzi talked of a performance bond, and how he wanted the Board to stay in the loop, so what happen in the past on this very project will never happen again. Brown stated that the applicant should be commended highly for stepping up to the plate and fixing this eyesore for the neighborhood, and for also trying to make it safer for this neighborhood and the community. Byers stated that he likes the direction that this plan is going. Manzi encouraged every Board member to drive by and see this property. Vaillancourt said he remembers that most of the neighbors at the last meeting expressed the desire to have something positive done with this property. Brown stated the old plans that were approved on this property years ago, were way before he started working in North Andover and he had nothing to do with the approval and material used on this structure. It has been an eyesore to the neighbors for a very long time. Brown talked of the material used on this structure and stated that it should have never been allowed. Byers made a motion to continue this public hearing until our next meeting on December 14th Vaillancourt second that motion. Manzi, Braese, Byers, Vaillancourt and McIntyre were in favor All were in favor. 5-0. Manzi moved onto the new public hearing, Joseph and Mary Keleher and Francis and Amy Kenneally 56 Surrey Street (Map 074, Parcel 40). Manzi had a procedural matter to disclose and wanted the applicants and the Board to know that he had a relative (aunt) who lived next to the Keleher's and Kenneally's. Manzi stepped away before the Board voted on the applicant's request and McIntyre stepped in as the Acting Chair. With that being said, Mrs Keleher and Mr. Kenneally walked over to the podium and stated that at the time when they built this house they wanted to have a Single Family home with a Family Suite attached. Back in 2006 they were not allowed to build a Family Suite in an R-4 Zone and as a result had to build a 2 Family home. Page 6 of 7 November 9, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Mr. Kenneally stated that the zoning has now changed and they now can, and want to change the status of the 2 Family to a Single Family with an attached Family Suite. All they are doing is to change the status, the structure is not going to change. McIntyre asked if any abutter wanted to be heard on this public hearing; no one spoke up for or against this. Byers made a motion to approve the change of status from a 2 Family to a Single Family with a Family Suite. Braese second the motion. Braese, Byers, Vaillancourt, McIntyre and Liporto were in favor of the status change. All were in favor. 5-0. Manzi returned to discuss Orchard Village Subdivision Requesting the Board to vote on establishing a bond amount. Manzi stated that today the Developer for Orchard Village, Bob Messina came into the Zoning Board's office and stated that he was not ready to be heard on this matter at the meeting and asked for a continuance. Messina had a letter faxed to the Zoning Assistant from his lawyer requesting to be continued until the next meeting. Manzi stated that he would like the applicant and his lawyer to be here before setting a bond. Byers made a motion to continue till the next meeting in December at the applicant's request per letter from Atty. Borenstein dated November 9, 2010. Vaillancourt second the motion. Manzi, Braese, Byers, Vaillancourt and McIntyre were in favor All were in favor. 5-0. Manzi stated that he was encouraging the Board members (if they can) to attend the Open Meeting Law scheduled for Monday, November 15th at 10:00 am. Miscellaneous Correspondences that were submitted to the Board were discussed briefly. McIntyre made a motion to adjourn the meeting. Byers second that Manzi, Braese, Byers, Vaillancourt and McIntyre were in favor All were in favor. 5-0. Adiourned at 9:50 Page 7 of 7 November 9, 2010