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HomeMy WebLinkAbout2010-04-13 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, April 13th, 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present;: Albert Manzi, Ellen McIntyre, Richard Vaillancourt, Joseph LaGrasse Associate Members Thomas Ippolito, Daniel Braese, Michael Liporto Also in attendance Zoning Enforcement Officer, Gerald Brown Excused absence, Richard Byers Chairman Manzi called the meeting to order at 7:39 Pledge of Allegiance APPROVAL OF MINUTES a) March 9, 2010 b)February 9, 2010 c) August 11, 2009 d) June 18, 2009 e) June 9, 2009 f) April 14, 2009 g) March 19, 2009 h)February 10, 2009 i) January 13, 2009 Manzi asked the Board Member to vote on these minutes only if they had a chance to read them. Motion was made by Vaillancourt to approve all minutes conditionally, in the event a change needed to be made in the future due to errors or amendments. McIntyre second the motion to approve minutes (with these conditions). Those voting in favor to approve the minutes were McIntyre, Vaillancourt, LaGrasse, Ippolito, Braese, and Liporto All except Manzi voted in favor to approve the minutes. Manzi abstained from the vote, since he did not have a chance to read/review all of the minutes. Manzi stated that the motion made still carries (on the approval of the minutes). COMMITTEE REPORTS Housing Partnership —Ellen McIntyre McIntyre stated that a meeting was held on March 17th. Some of the items discussed were a home rehabilitation program that the committee was looking into. McIntyre stated that this is still at early stages of discussion. Page 1 of 6 April 13,2010 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 McIntyre also talked of Stevens Corner, and that a flyer was going out to Town Meeting to update them on the closing that will hopefully take place in early July. Units should be available by the fall of 2011. The Housing Committee is also making available vacant 40B housing for the public to view on the town's website. McIntyre stated that the next Housing Partnership meeting will be held on Wednesday, April 2lst at 8:30 am and will be open to the public, at the Town Hall's 1st floor conference room. LaGrasse was very interested in the rehabilitation program and asked McIntyre questions regarding this program, McIntyre reiterated that they are still in the early stages of this program. Manzi stated that he will go out of order from tonight's agenda and go right to John Smolak who will speak on behalf of the applicant for Stevens Corner. Atty. John Smolak will speak on behalf of the applicant for Stevens Corner, 75 Park Street. Smolak was giving the Board a little background on the project and also stated that at the time Michael Liporto was not part of this process. Smolak went on to say that the Board granted a comprehensive permit in October of 2008. This was to convert the vacant Greenery Nursing facility into rental housing. Because of the economic slow down it was a difficult time for financing and now finally it has all come together. Smolak was looking for approval from the Board, for a number of the conditions on the Decision. They need these approvals in order to start the process and get to the closing table. Smolak stated he will go over each one. Smolak said that he felt a closing may be within 30 days, and may not be a July closing as reported by McIntyre in the Housing Committee report. Smolak stated that the Decision has a number of conditions that his applicant needs approval on. Smolak wanted to take this time to go through the conditions with the Board and have the Board vote on them. Manzi read a correspondence aloud to the Board from Tom Urbelis with respect to the Stevens Corner project and the Regulatory Agreement form that stated that all matters regarding this project are in proper legal form. Page 2 of 6 April 13,2010 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 The Board went through the Review and Regulatory Agreement form for the Rental Project(as required under Condition No. 5). Subject to the requirement will be that the Board be added to the notice provision on Page 20 of the Regulatory Agreement. Vaillancourt made a motion to approve the Regulatory Agreement for the rental project as amended at the April 13th'2010 meeting and as approved by Tom Urbelis on April 9th 2010. McIntyre second the motion. Those voting in favor of approving the Regulatory Agreement for the rental projects were Manzi, McIntyre, Vaillancourt, LaGrasse Ippolito and Braese. No one opposed this motion. McIntyre spoke up and stated that only Board members who have heard and have been part of the Stevens Corner project from the beginning of the project should sign this agreement. With that being said it was signed by only those Board Members and notarized by Joyce Bradshaw during the meeting. McIntyre wanted to note that 2 copies of the Regulatory Agreement were going around to be signed. The next item Smolak requested was the approval from the Board, of the final plans. Smolak stated that a minor adjustment was made to the plan and revised. Smolak stated that the plan reflects this minor change. Smolak stated that the minor change was that they needed to take a little excavation at rear of building. This was done to allow more light into the rear of the building. The revised plan shows this change. Smolak stated that John Barrows would explain this in more detail. Barrows walked to the podium to describe the drawing to the board regarding conservation matters that were exempt. Barrows stated window wells needed to come down lower to allow for more light to enter. Barrows stated again, that they had a small project exemption regarding this change. Manzi asked Smolak if the footprint had changed on the plan and Smolak said it had not. Manzi wanted to discuss letters and e-mails from Hancock Associates and a peer review as well as the $1,800.00 check that was brought into tonight's meeting (for a 53G account for escrow). Hancock Associates issued a letter that most items were dealt with in accordance with decision. Hancock felt that the remaining can be dealt with during the preconstruction meeting(s). Smolak said that the letter has been submitted with scope of work not to exceed $1,800.00. Page 3 of 6 April 13,2010 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 Manzi was concerned with the lighting plan and signage that was not addressed in the Hancock letter. Manzi stated that lighting was a big ticket finish item and also part of the rough construction on where the wiring would go. Manzi went on to say, that this project is also in a dense neighborhood. Smolak stated that the lighting and signage had been identified in the plan and that the sign was a permanent ground sign. Smolak stated that lighting was identified in the landscape plan. Smolak stated that the building inspector will review the second floor of the project. Smolak stated that there was concern with the glare of the light, so they are re-lamping the lights. Manzi stated to Smolak that he did not want to slow down the project but felt the lights should be taken care of and should be appropriate with the neighborhood. Brown stated sometimes lights can be problematic in some neighborhoods. Smolak stated that by having the lights shine down, should take care of any lighting concerns. Smolak stated that the lights would be downcast. Questions were asked by Manzi regarding the color and types of lights being used. LaGrasse asked about the lights under the building and how bright they wanted to make the lights. LaGrasse went onto say that he was concerned with the bounce lighting under the building that may go out in the street. Smolak stated at this time the most important thing he would like is to have the building permit and take care of things such as lighting. Smolak also stated that the sign had not changed since the plan was submitted in 2008. McIntyre recalled that during that time the color of the sign was discussed in detail. Smolak also talked of the property management company, Corcoran. They manage over 9,200 units in 45 different communities; Smolak also reassured the board that they were an excellent property management company. McIntyre had her concerns if the Management Company changed down the road, and if they would go along with the same Decisions that had been made by the Board. McIntyre along with the rest of the Board were reassured, that if the management company did change (for any reason) that any management company taking over would be highly regulated by the state, funders, and agencies. Page 4 of 6 April 13,2010 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 Manzi said they want to give approval, but with lighting plans as a condition. Manzi also requested a list of lenders from Smolak for the file. LaGrasse stated that he was concerned with lighting levels. Brown talked about the photometric plan and also of lighting spills and felt that the lamps would create the down spill of lights. Brown said the correct lamps can fix a lighting problem and most light overspills. Manzi stated he wants to reserve the comments about the management plan tonight since he wanted more clarification. Braese made a motion to approve Section 10 (item a and i) of the comprehensive permit regarding lighting subject to a rough inspection and also "base package" of appliance fitting and fixtures, subject to more detail. Vaillancourt second the motion with these conditions. Those voting in favor were Manzi, McIntyre, Vaillancourt, LaGrasse Ippolito and Braese. No one opposed this motion. Smolak also talked of tenant selection plan (paragraph 4 of the Decision) and also the monitoring agreement (paragraph 6 of the Decision). Manzi stated that the Board would work in good faith on this project. LaGrasse made a motion to authorize the peer review for Hancock Associates. McIntyre second the motion. Those voting in favor to authorize the peer review were Manzi, McIntyre, Vaillancourt, LaGrasse Ippolito and Braese. No one opposed this motion.. LaGrasse made a motion to approve. Vaillancourt second the motion. Those voting in favor to approve peer review were Manzi, McIntyre, Vaillancourt, LaGrasse Ippolito and Braese. No one opposed this motion. Manzi stated to Smolak that he can be put on the May agenda and be heard again at the next meeting. With that being said Manzi wanted to move on to the remaining topic left on the agenda. Proposed Bylaw changes/recommendations needed from the ZBA prior to the April 20th Planning Board Meeting and Annual Town Meeting Warrant (Draft). Page 5 of 6 April 13,2010 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 Before Brown spoke of the proposed Bylaw changes Joyce Bradshaw arrived once again into the meeting, with an updated version of the new Warrant and stated that Article 34 has been withdrawn. Brown explained to the Board that his intent in these proposed Bylaw changes was to add clarity, scope and detail into the Bylaws. Brown also stated that he wanted to withdraw Non-Conforming Uses (Section 9) from this years proposed changes and address this item next year. Brown went on to talk of the sign area section of the Bylaw (section 2) and stated that no specific changes were made. Brown wanted to add clarity to this section of the Bylaw by using specific language. Brown talked briefly of Earth Material Removal (Section 5) stating that this proposed change came from the Community Development Director, Curt Bellavance, stemming from an incident that happened in town, by someone who was snow plowing a yard and actually ended up removing and leveling some of the land. Brown also talked of Dimensional Requirements (Section 7) and yard set backs that included front yards, side yards and rear yards. And what can be, and cannot be considered required setbacks. Board asked questions to Brown regarding these proposed changes. Also other concerns such as, corner lots, legal egresses, stoops, stairs, ramps, along with questions of properties that have two front yards (when they are in a corner lot) and how they consider a mailing address of a property that does have two front yards. Brown stated in zoning you must be very specific. Brown stated that he is looking for suggestions, if any, such as a verbal approval, or support from the Board on what he was proposing. Brown was looking for the Board to endorse and support these proposals to the Bylaws. Byers made a motion to endorse the proposed changes made by the Inspector of Buildings (Brown). McIntyre second the motion. Those voting in favor were Manzi, McIntyre, Vaillancourt, LaGrasse Ippolito, Liporto and Braese. No one opposed this motion. ADJOURNMENT Vaillancourt made a motion to adjourn meeting at 9:31 LaGrasse second that motion Those voting in favor were Manzi, McIntyre, Vaillancourt, LaGrasse Ippolito, Liporto and Braese Page 6 of 6 April 13,2010