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HomeMy WebLinkAbout2010-12-14 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, December 14, 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, Richard Byers, and Richard Vaillancourt Associate Members: Thomas Ippolito Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused absence: Michael P. Liporto and Daniel Braese. Albert Manzi called the meeting to order at 7:37 Pledge of Allegiance APPROVAL OF MINUTES November 9, 2010 McIntyre made a motion to approve minutes. Byers second the motion. Those voting in favor to approve the minutes were: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Thomas Ippolito. Committee Reports Housing Partnership-Ellen Mcintyre. McIntyre stated that she did not have a Committee Housing Report tonight, but does have a meeting tomorrow, Wednesday, December 15th and will have a report at the January Zoning Board Meeting. Zoning Board 2011 Meeting Schedule. Manzi moved onto the next item on the agenda, The Proposed Meeting Schedule for 2011. Manzi stated that the schedule seems consistent with the past schedules that have been posted over the years. Manzi requested to strike the meeting for July and adjust the June meeting. Byers made a motion to approve the Zoning Board 2011 Meeting Schedule, but with amendments, no meeting in July, adjust the June meeting, and to note on the bottom of the meeting schedule that "Due to possible unavailability of Town Hall, meetings may be held at the Senior Center or other Designated Facilities". Vaillancourt second the motion with the amendments stated. Those voting in favor of this motion: Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0. Page 1 of 11 December 14, 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 moved over to Discussions on the agenda, item #7. Charlie Foster requested to talk and discuss with the Board the Residential 4 District. Manzi stated that Charlie Foster has been a lifelong resident of North Andover and was also a Building Inspector at one time. Manzi stated that Foster wanted to talk about 2 family homes in an R-4 Zoning District. He also has submitted a summary of what he was proposing to be amended at the annual Town Meeting. With that being said Foster walked over to the podium, and stated that as of now all the existing 2 families in North Andover are all nonconforming. Foster stated that about 6 years ago there was a problem with builders bringing in 2 family's near the library area. Because of that, at the 2004 Town Meeting a new amendment was adopted that he spoke against. It removed 2 family homes from the list of permitted uses in the R-4 District. It allowed 2 family homes by permit only, and added very restrictive requirements for a Special Permit. Foster stated that now a very small group was working on a new amendment that they would like to propose at the next Town Meeting. Foster stated that he wanted to return the existing 2-family homes to how it was previously. Foster also stated that any new 2-family homes will be by Special permit (R-4 District). Of course the balance of single Family homes will be protected by the By-laws. Foster stated that he went to the Assessors Office and found some interesting facts. He stated to the Board the number of homes that were 2-families, single, multi families, condos, and duplex structures in the North Andover area. Foster asked questions to the Board on how many 2-family Special Permits have been given since the change in 2004. Brown talked of the 2-families in the R-4 Zoning area regarding Special Permits, and also his experience as a Building Inspector in North Andover with these types of Special Permits. Byers spoke up, and stated what Foster was doing was great, and that any clarification on this matter would be helpful. Foster thanked the Board for taking the time to listen to him on this matter. Manzi urged Foster to return again with his proposal as they got closer to the next Town Meeting. Manzi mentioned to Foster that they could also get Community Director, Curt Bellavance involved. Page 2 of 11 December 14, 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`�� Continued Public Hearing, 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 January, 2011 (the next ZBA meeting). Manzi wanted a show of hands of abutters that were here for Martin Avenue. There were a number of abutters in attendance at the meeting. Manzi asked Brown if the applicants for Martin Avenue have submitted any new petition. Brown stated that the applicant and his lawyer have talked about it, but they have not submitted any new plans. Manzi stated that this should be the last continuance the Board will grant. Byers made a motion to grant the continuance, but reiterated what Manzi stated, that this would be the last continuance. Vaillancourt second the motion. Those voting in favor to approve the continuance; Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0 Discussion Edgewood Retirement Community Inc., 575 Osgood Street. Scalise walked over to the podium to discuss Edgewood. Scalise stated that Lavoie could not attend tonight's meeting, since he sits in on a Board in Amesbury and has a meeting tonight. Scalise mentioned to the Board if it is possible to set up a workshop that Lavoie could attend regarding the Edgewood project. Manzi suggested that Lavoie could come to our regular meeting in January & possibly have the Historical Society attend. Byers made a motion to continue. Vaillancourt second the motion. Those voting in favor of this motion: Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0. Continued Public Hearing. Doug Ahern (JeffCo Inc.) 250 Sutton Street (Map39 Parcel 19). Atty. Scalise walked up to the podium and stated that they would like to request for a continuance till January 11, 2011. Scalise stated they are still looking for some sort of direction from Town Counsel in regards to building a multi family in an I-S District. Vaillancourt made a motion to approve the extension till January Byers second the motion. Those voting in favor of this motion: Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0. Page 3 of 11 December 14, 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`�� Continued Public Hearing, Doug Ahern (JeffCo Inc.), for property located at 114-116 Union Street (Map 005, Parcel 0004). Atty. Scalise remained at the podium for this next petition as well. Scalise stated that he is representing his client, JeffCo Inc. Scalise stated that this hearing has been heard by the Board since September. They want to raze the existing building and build a 4 unit Townhouse. They have submitted revised plans. They took the original plans and made it smaller and increased the sideline setbacks. Scalise stated they eliminated the decks and now are showing the parking in different configurations. Now they have 2 parking spots on Union Street and 6 parking spots on Beverly Street. Scalise said that they are in front of the Board for a Special Permit. Scalise also wanted to remind the Board members that all of the abutters, except for Mr. McCarron were satisfied and happy with the proposed plans. Mr. McCarron owns rental property on 122 Union Street and his concerns were basically with wanting a 3 unit Townhouse on the property, rather than the proposed 4 unit Townhouse. Scalise stated that the proposed new structure is considerably smaller. Scalise pointed out to the Board that landscape plans were also submitted, and if they take a look at the landscape plans they can see that there is more green area on the property. The Board asked the applicant, Doug Ahern (JeffCo Inc) about walkways, decks, egresses, plantings, siding, types of fences as well as the location of the fence, type of lighting and also types of post lighting that the applicant was looking at. Scalise stated that Mr. Mcloud was here to discuss any concerns of water runoff and roof drains on this project. Scalise told the Board that Mcloud is from Andover Consultants, and that they are the same engineers that did the plans on the project. Mcloud stated that they will put an infiltration system on the roof and also the parking area, this will take care of the water runoffs. Manzi stated that they made many substantial improvements to the plans. McIntyre also stated that the applicant did a good job with the revised plans. McIntyre asked of the decks that were now eliminated from the revised plans, Scalise stated that a Variance would be needed if they did put decks into this project, maybe in the future they may consider going for a Variance, if they decide to construct decks into this project. Manzi asked the Board what they thought of having the applicant post some sort of a bond, to assure that this problem does not happen again. McIntyre felt that this applicant should not be responsible for the problems that the last owner created. She also stated that is why we have Building Inspectors, to police the work and make sure they are doing the project properly, and as required. Byers chimed in and stated that he also agrees with McIntyre. Page 4 of 11 December 14, 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`�� Brown stated that he wanted to make a point of saying that he wanted the Board to make him take care of the Building Code end of it. Brown assured the Board that Ahern has done many good projects in town and without any problems. Brown stated that making sure the work gets done to code is his responsibility. McCarron walked to the podium and stated that he wants some assurance that this project will get completed by the applicant. He stated he owns rental property in this area and he has had a difficult time with renting his property because of how the last owners left the structure and all of the problems that have gone along with it. Scalise walked back to the podium and stated that they have been in front of the Board 3 times on this project. Scalise praised Aherns's work and stated that he has presented a good project. Scalise also said that McCarron will be happy with the project once it is complete, and also felt it will bring up the value of the neighborhood. Ahern passed out the revised architectural plans to the Board. Vaillancourt made a motion to close the Public Hearing. Byers second the motion. Those voting in favor to close the Public Hearing: Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0. McIntyre made a motion to Grant the Petitioner a Special Permit to add a 4th unit in an R-4 Zoning District, with the conditions of lighting plans and an infiltration plan be submitted. Byers second the motion. Those voting in favor: Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0. Manzi moved to the New Public Hearing. New Public Hearing Special Permit (1) R-4 District. Ray Von Realty Trust (Raymond Y. Cormier, Trustee) Lot#5 Chatham Circle (Map 47, Parcel 139) Atty. Borenstein walked to the podium and was speaking on behalf of his client, Ray Cormier. His stated that his Client wants to build a Duplex in the R-4 Zoning District of this subdivision. Borenstein showed on the map the location of where his client proposes to build this duplex. Borenstein stated that they are looking for a Special Permit for relief to build a duplex in the R-4 Zoning Area. Page 5 of 11 December 14, 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`�� Borenstein said the proposed plan is in harmony and style with the neighborhood. Manzi asked questions about any communication on this project from the Planning Department. A letter was submitted by Gene Willis, of the DPW against the proposed project. It was recommended that the developer complete the project's infrastructure as approved by the Planning Board before this last lot(Lot#5) is built upon. Manzi asked Borenstein if his client was the original developer of the subdivision, Borenstein stated that he was. Manzi asked on past Performance Bonds on this subdivision, and also asked about the water drainage issue that was addressed in the letter from Gene Willis. Manzi asked who maintained the road and one of the abutter's spoke up from his chair and stated that the Town was. Sharon Coon, of 15 Chatham Circle stepped to the podium and said that her husband is on the Board of this subdivision. Her husband could not attend, because he was out of the country on business. Coon stated that she and her husband were very happy with their home and also the neighborhood and they both thought it was a very lovely area. Coon said although she loved her home and the area, she had some serious concerns with Lot#5, because of the high water table. They have also had issues with saturation and water in her yard, garage and within her home. Coon wanted the Board to know that Lot#5 abuts her property. She was also told by the builder years ago that a single family home would be built on Lot#5 and not a duplex. Coon's other concern that a duplex of this size was much too large for the property and was also afraid of the water runoff and saturation and how it was going to affect her property, as well as the rest of the neighborhood. Coon also stated that the builder, Mr. Cormier was aware of the water issues years ago, and he was planning on taking care of it, and as of yet, he has not. Coon referred to her notes that she and her husband composed along with pictures that they had taken. In her notes, Coon talked of the water issues, and how winter time posed serious issues with the water freezing. Two years ago her husband took a fall on the ice near the garage. Coon also stated that they had to install drains around their home and sump pumps in the cellar to try and address and eliminate the water problems. Coon said that if her concerns are met, along with the concerns of her neighbors, then she will be happy with the construction of a new home being built on Lot#5. Coon also spoke to the Board and stated that she was very happy that we have a Board to hear the concerns of the citizens and homeowners of North Andover. Coon submitted her typed notes and pictures to the Board. Page 6 of 11 December 14, 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`�� Steve Martin, of 7 Chatham Circle walked over to the podium and stated that he was one of the first residences of Chatham Circle. The reason he bought in this area is because he felt Mr. Cormier was a premier builder, and he also liked the layout of the plans on this subdivision. He stated that he and his neighbors take great pride in their homes and spend a lot of money on landscaping. He said that he is proud to live in this subdivision. Martin invited the Board to take a look at the neighborhood and see for themselves. Martin felt that this structure was not the right fit for that size lot. Simon Cox, of 19 Nantucket Drive walked over to the podium and stated he was in support of his neighbors, Martin and Coon and he had no objection to placing a building on Lot#5, but he felt as a matter of principle it should be a single family home, since that is what they were originally told. Cox also stated that he had concerns with the proposed drawings. Since this home would be located at the entrance way it was not with keeping up with the other homes in the subdivision. Cox also stated that he had concerns with the high water table as well, and felt it may be likely that it will have an even further Impact on the neighborhood. Manzi stated that the Board needed to have further information on this subdivision and wanted to find out what the conditions or decisions the Planning Board had on this subdivision. Borenstein also stated that he was not aware of all of these issues that were addressed, and he also wanted to gather more information from his client. Borenstein also stated most likely he will have his client submit a landscape plan as well as more specific details. Manzi stated to Borenstein that it is important that this proposed home be in harmony with the rest of the subdivision and Borenstein agreed. (Presented to Board: pictures of Corner Lot#5 after a rainstorm from Bill and Sharon Coon). Byers made a motion to continue this hearing till January 11, 2011 McIntyre second the motion. Those voting in favor to continue this Hearing: Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0. Manzi stated they are going to jump down to the Discussion for the Orchard Village Subdivision on the agenda. They are requesting the Board to vote on establishing a bond amount. Manzi stated that they have been working on this bond issue for a while. Manzi stated that recently he met with Town Counsel and Curt Bellavance on the proper way to proceed with this affordable housing project. Manzi stated that he wanted to make this feasible and meet the needs of the developer to the best that they can. Manzi stated that he was glad that Curt Bellavance is at this meeting tonight for this particular hearing. Page 7 of 11 December 14, 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 stated that he was satisfied with a Letter of Credit and also coming up with specific lots to be released for this project. Borenstein also represented Orchard Village, and stated that he felt that there was creative thought in the way they will be doing this. Borenstein talked of all the bonds that Orchard Village has out now, and also how nice the project is coming along. There has been lots of positive feedback on the quality of construction and looks of the homes on this development. Borenstein wanted to thank Town Counsel and others for all the cooperation that they have been getting. Borenstein stated they are looking to release a specific 7 (seven) lots and are also looking for an amount for the Letter of Credit. There are 25 lots left for security (after the 7 lots). McIntyre asked Borenstein to clarify what the Letter of Credit was. Borenstein stated that it is the obligation from the bank not the developer. Bob Messina, developer for Orchard Village walked over to the podium and answered questions to the Board regarding bonds and amounts left on bonds. Manzi asked Borenstein what was the total dollar amount of Bonds that were out on this project. Borenstein answered it was $136,000.00. Manzi asked Curt Bellavance, who was Director of Community Development to step to the podium and explain to the Board his thoughts on the Bond issues. Bellavance walked to the podium stated his name and said that he got involved in the bonding issues. He said that he also sits on the Planning Board in Peabody. Bellavance talked of his experience with how the Letter of Credit is used in situations such as this. Manzi stated that what Bellavance proposed is a good plan, and that he can buy into it. Bellavance stated the Letter of Credit was for the seven (7) lots and should be a $100,000.00. Bellavance thought that dollar amount was appropriate for seven (7) lots. Manzi asked Brown his thoughts on the amount for the lots being released, and Brown said that he supports it, and that the applicant has been a good partner with the Town on this project. Byers asked Borenstein how many of these homes have closings on them. Borenstein stated that 5 have up coming closings. Page 8 of 11 December 14, 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`�� McIntyre felt the Letter of Credit should be set at $150,000.00 instead of$100,000, because of the amount of lots being released. Byers made a motion to approve the lot releases, referencing the Letter of Credit and forms that Town Counsel provided. Byers also referenced Curt Bellavance's memorandum dated 14 December 2010. With the release of lots #l7,#l8,#22,#23,#25,#8,and #14 for a Letter of Credit for $100,000.00. Vaillancourt second the motion. Those voting in favor: Manzi, McIntyre, Byers, Vaillancourt, and Ippolito. 5-0. Mcintyre stated to Manzi that we also now need to approve the payment of Hancock Associates. Messina agreed with the invoice to Hancock Associates for $140.00. Manzi approved this payment of$140.00 to Hancock Associates, invoice # 50044, dated November 30, 2010. Manzi requested a short recess and the Board members returned back at 10:01, with McIntyre as the Acting Chair. The next item left on the agenda was the Continued Public Hearing, Florida Tower Partners (WOR Associates) 125 Flagship Drive (Map 25 Parcel 80). Jackie Slaga, walked to the podium stated that she was representing the applicant and also stated this is her second time in front of the Board. Slaga talked of the Crane Test (visibility analysis), and the visual impact it had with the leaves down during this time of year. Slaga also mentioned that they now have a detailed report from Mark Hutchins, the Radio Frequency Engineer that was hired at the last meeting to do a peer review on the project. Jackie stated that they are looking for 3 Variances tonight from the Board. Slaga passed out reports and maps to the Board as she was talking of the specific area of the proposed monopole. Slaga stated that they have talked to property owners as far as safety concerns. Slaga even submitted a letter to the Board from an abutter who was in favor of this project and was comfortable with what they were proposing. Byers read the letter from the abutter that was in favor of the project to the Board, the letter was from Michael J Farrow. Slaga also talked of the monopole and that if it was to collapse it would be safe to any of the abutters in the area. Page 9 of 11 December 14, 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`�� Slaga guided the Board as they read through the new and revised material she presented to them. She talked of the industrial area, property lines, Variances, heights, coverage, and how each carrier has a different coverage objective. Slaga also mentioned that all utilities will be done underground. Slaga stated that they are in close proximity to a flood zone, but they are working with Conservation on this. Slaga talked of the day of the crane test, and how on that day they drove around to see what was visible in that specific area where the proposed monopole would be located; they even attached a balloon to pinpoint the area. Slaga showed pictures of this to the Board so they could see how visible the proposed monopole would be to the area. The results were that most of the areas that they took pictures of showed little to no visibility of the proposed monopole. Some pictures she showed will only have seasonal visibility of the proposed monopole. Slaga stated that all in all, that the visibility of this proposed monopole will be minimal. Slaga stated that she needs to still submit an Environmental Assessment Report to the Planning Board. Slaga said the Industrial Park and the tree canopy in this area makes it an ideal spot to put this monopole. Vaillancourt stated that we were given lots of material at tonight's meeting regarding this project. Vaillancourt also asked of Mark Hutchins and of the report he submitted, and also why he had not attended tonight's meeting. Slaga stated he had surgery today and was not able to obviously make it. Slaga talked a little of the history of cell phones, coverage and the importance of cell phones over the years. Byers read a letter from Steven Tryder, regarding the scheduling of the continuing wireless meeting at the Planning Board and the Board of Appeals on the same day, and it was submitted to the Board. Vaillancourt stated to Slaga that they met the spirit of the By-laws and found a spot that had the least impact to the neighbors by placing this monopole in an Industrial Zone. Vaillancourt made a motion to close the hearing. Byers second the motion. Those voting in favor to close the hearing: McIntyre, Byers, Vaillancourt, and Ippolito. 4-0. Upon a motion by Vaillancourt and 2nd by Byers the Board voted to GRANT the Variance from Section 8.9.3.c (ii) in accordance with the Zoning bylaw to construct a 140' Monopole All were in favor McIntyre, Byers, Vaillancourt, and Ippolito Page 10 of 11 December 14, 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`�� 4-0 Upon a motion by Vaillancourt and 2nd by Byers the Board voted to GRANT the Variance from Section 8.9.3.c (v)(1) in accordance with the Zoning bylaw to construct a 140' Monopole All were in favor McIntyre, Byers, Vaillancourt, and Ippolito 4-0 Upon a motion by Vaillancourt and 2nd by Byers the Board voted to GRANT the Variance from Section 8.9.3. (v)(1)in accordance with the Zoning bylaw to construct a 140' Monopole All were in favor McIntyre, Byers, Vaillancourt, and Ippolito 4-0 Reports and maps submitted and presented to Board:Proposed Monopole Telecommunication Facility, Abutters Map, Vicinity Map,Overall Site Plan,Enlarged Site Plan, Grading Plan, Grading Notes and Details,Elevation View,Details(2 pages),Noise study, letter FTP-North Andover MA1219 from Infinigy Engineering,letter from Michael Farrow of Material Installation,Technical Data Sheets,information from Ericsson,letter from Steven Tryder. Miscellaneous Correspondences that were submitted to the Board were discussed briefly. Byers made a motion to adjourn the meeting. Vaillancourt second the motion to adjourn All were in favor, McIntyre, Byers, Vaillancourt, and Ippolito. 4-0. Adiourned at 11:10 Page 11 of 11 December 14, 2010