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Home My WebLink About2010-01-12 Zoning Board of Appeals Supplemental Materials Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown DRAFT MINUTES Tuesday, January 12th, 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present;: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, Joseph LaGrasse Associate Members Thomas Ippolito, Daniel Braese Also in attendance Town Counsel, Tom Urbelis, Zoning Enforcement Officer, Gerald Brown Town Planner, Judy Tymon, Curt Bellavance, Bernadette Curran Excused absence, Michael Liporto Chairman Manzi called the meeting to order at 7:40 Pledge of Allegiance 1. Approval of minutes a) November 10, 2009 MOTION BY: LaGrasse to approve minutes SECOND: McIntyre All in favor 5-0 2. COMMITTEE REPORTS a) Housing Partnership—Vice-Chairman Ellen McIntyre stated that the Housing Partnership committee had a meeting and that they were looking into the 40B resale units that went back into the pool. The concern was that they did not want to loose these affordable units, if these units were not sold. McIntyre stated that Curt Bellavance was working with the state (CHAPPA) in order to get the funds available. Curt is also working with realtors to help CHAPPA out on getting these 40B units sold, so we do not loose the affordability on these units. McIntyre also updated the board on Steven's Corner and how investors are in the process of working with the state to buy the state credit. Everything should be complete before the spring of 2011 at Steven's Corner. McIntyre answered questions from board members and Chairman Manzi thought McIntyre did a great job on the housing report. b) Zoning task force. Richard Byers said this task force is no longer in existence and noted that the last unofficial meeting was held in 2006. Page 1 of 5 January12,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown c) Police station re-use Richard Byers stated this committee has disbanded since the task at hand is now complete. Chairman Manzi felt that the Zoning task force as well as Police station re-use can be stricken from the agenda since they are no longer are active committees. 3. COMMUNICATIONS AND OLD BUSINESS Attorney Smolak is requesting rescheduling the matter of fee reimbursement for Osgood residences, LLC be placed on the Board's February 2010 Agenda for discussion and resolution. Smolak stated in order to provide DOR with additional time to respond, Smolak is requesting the Board to table the matter until the next meeting that is scheduled for Tuesday, February, 9th 2010. Chairman, Manzi read the letter from Smolak regarding this matter to the board. MOTION BY: Vaillancourt to table the matter till February SECOND: Byers All in favor to hear this matter in February 5-0 4. COMMUNICATIONS NEW BUSINESS a). Wireless Presentation-Chairman Manzi stated that Tom Urbelis , and Judy Tymon will present some drafts and some proposals of new wireless by-laws. Tom Urbelis stated he, Judy Tymon and Curt Bellavance all worked on a new concept with regards to wireless facilities. Tom Urbelis also wanted to note to Chairman Manzi that some of his family had an interest in one of these properties and Chairman Manzi wanted the record to show that he was not involved or had he discussed this matter with his family. Urbelis stated that currently the bylaws deal with setbacks from property lines and prohibits wireless facilities with a 600 foot set back from the property line. An alternative method was to take an approach to where the wireless facilities can locate rather then where they can't locate. Urbelis felt that this new approach will makes it easier for the wireless carriers. Urbelis stated that they worked on two things 1- Creating a suggestive overlay district where designated properties would be allowed by a special permit. 2- Drafting some changes to the by-laws itself. Urbelis started that because of time constraints they will just review and discuss the overlay. Urbelis said that Town Planner, Judy Tymon prepared two plans Page 2 of 5 January12,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown 1 -Properties where the current by laws currently allows wireless by special permit because of the 600 foot set back. Urbelis said what you will see there are very few properties in town that meet the 600 foot set back. 2 -Urbelis stated that Judy also will discuss and show the proposed overlay district that includes all properties currently available to wireless facilities with special conditions. Urbelis stated the intent of this approach is to encourage wireless carriers to look at the allowed properties first. With that being said Urbelis turned the floor over to Judy Tymon. Judy explained to the board in details the maps and the proposed plan. She also talked of the various districts involved on the maps, and the carriers as well as coverage, in transportation corridors, and certain places throughout the community (but away from densely populated areas)that are in need of coverage. Various questions were asked to Tom and Judy regarding the presentation, the maps, and various carriers especially the newer carriers, heights, gaps in coverage, and the addition of the new 4G networks and new equipment used for the 4G coverage. After various questions and discussions on wireless Chairman Manzi requested that we move on to the next issue. b) ZONING BOARD MEETING SCHEDULE FOR 2010 The 2010 Schedule for the ZBA was reviewed. It was suggested that we meet the end of June and take July off Byers made a motion to approve the 2010 schedule but to modify the dates to accommodate a meeting later in the month of June and eliminate July's meeting. LaGrasse second that motion. All were in favor 5-0. 5. CONTINUED PUBLIC HEARING Atty. Scalesi spoke on behalf of his applicants, requesting to withdraw their petitions without prejudice for 0 and 10 Bridle Path. Byers; made motion to have petitions withdrawn without prejudice McIntyre second it. Page 3 of 5 January12,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown All were in favor 5-0 Chairman Manzi requested a 5 minute recess at 8:35 6. NEW PUBLIC HEARINGS Name Variance(s) R-4 District a) Jeffco Inc: 254 Greene Street(Map 22, Parcel 54) Atty. Scalesi spoke on behalf of his applicant who was requesting a Special permit in a Residential Dwelling. The owners of the house have wanted to raze the old structure and with permission from the board wanted to build a duplex on the property. Scalesi stated that his applicant can't sell the property as it is, since it is so old and is in much disarray. Scalesi said that there are many issues with this old home including mold and it would be very costly to restore. Chairman Manzi received and read the list of supporting abutters of this project from Scalesi. Then Manzi asked if any abutters wanted to go to the podium to speak. Some abutters were in total support of this project and thought it would be an improvement to the neighborhood, they felt the old farm house was an eye sore and was also a safety concern they welcomed the proposed plan of the duplex. While some abutters agreed to a new structure on the site, they were against the duplex, and only wanted a single family home in the neighborhood. Neighbors also felt that having a duplex would ruin the character of the neighborhood. Chairman Manzi asked why applicant does not want to build a single family on the site. Scalesi stated a duplex was a great way to get some good people into North Andover who could not normally afford to buy a single family home in North Andover. Chairman Manzi felt that the board still needs more information such as screening, garbage, etc. A motion was made by McIntyre to continue the hearing for the meeting on February 9th. Byers second the motion to continue. All in favor to continue 5-0 Chairman requested a recess at 9:50. Page 4 of 5 January12,2010 Town of North Andover ZONING BOARD OF APPEALS ORTIy Albert P. Manzi III,Esq. Chairman of �►t% EO ,b�tio Associate Members Ellen P.McIntyre, Vice-Chairman 3� 5`''' " 16 0 4 Thomas D. Ippolito Richard J.Byers,Esq. Clerk Daniel S.Braese,Esq. Joseph D. LaGrasse n Michael P. Liporto Richard M.Vaillancourt '� °o,�_��< �'� * Zoning Enforcement Ofcer �I& ACHU`� Gerald A.Brown 7. NOMINATIONS AND ELECTIONS Ellen McIntyre made a motion to keep all Board Members and respective positions the same. Ippolito second the motion. It was unanimous from the Board to keep all the members and respective positions as is. 8. ADJOURNMENT A motion was made by Byers to adjourn the meeting, Vaillancourt second the motion All were in favor to adjourn the meeting Meeting adjourned at 10:10 Page 5 of 5 January12,2010