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Home My WebLink About2009-06-18 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 Agenda Thursday June 18, 2009 7:30 P.M-Public Hearings High School Lecture Room 430 Osgood Street, North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt Associate Members:Thomas Ippolito, Daniel Braese, Michael Liporto Also in attendance: Zoning Enforcement Officer, Gerald Brown Excused absence: Joseph LaGrasse (Manzi wished him well in his recovery). 1. Chairman Manzi called the meeting to order at 7:40 2. COMMUNICATIONS: a) Osgood Residences fees discussion. A general discussion for on going fees in regards to a 40A & 40B. A letter was sent out to the Bureau of Municipal of Finance on behalf of Community Development. Manzi stated that the board is planning on sending out a supplement letter. This issue has not been resolved yet and is still a work in progress according to Manzi. b) Orchard Village Definitive Subdivision review. Atty. Borenstein is on vacation and Atty. Johnson is filling in for him and will represent the client. Johnson stated that his clients are looking for the board to endorse the subdivision plans. Johnson stated that this is a 40B with individual lots he stated that the plans have not changed in regards to the plots. With that being said a Technical Finder came to the podium to explain and state more information on this project and also is making sure it is consistent with the original design. The Technical Finder stated that it is consistent with original plan. The Technical Finder went through various Submission Requirements regarding this project but he felt that the most important one was the Form I Covenant. He explained that this is a covenant between the board and the developer stating that they will not sell any lots until they go through a formal lot release process with the board. This is a protection for future lot owners. He also went through many of the critical plans, requirements and steps in developing this project, right down to the individual lots. Page 1 of 4 June 18,2009 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 asked various questions about recording these plans and the different roles of the ZBA as well as other boards in regards to this project. Manzi also was concerned and asked questions in regards to the responsibilities of the future home owners. Manzi felt some of the responsibilities that were stated should not be passed on to the owner since many of them are of modest means and this may be a burden to the owner. The Technical Finder stated that this project still needs to go to the Conservation Board, since there are some wet areas. Manzi asked board if they want to make a motion for him to endorse the project. Byers motioned for Manzi to endorse project. A second was made by McIntyre. All were in favor for Manzi to endorse and also sign plans. McIntyre made a motion with the condition that Town Counsel also approves and authorizes it as well. Byers second the motion. All were in favor. 3. CONTINUED HEARINGS: a)Highland View Realty Trust. Petitioner is requesting to withdraw without prejudice. McIntyre made a motion for petitioner to withdraw without prejudice Byers second the motion for petitioner to withdraw without prejudice. All were in favor. 4. CONTINUED HEARINGS AND PUBLIC HEARING a) Gayle Apakarian & Renee A. Slack They are requesting to turn a piece of property that was an old Carriage House from 1895 and convert it into a family suite. Manzi stated that the application has its merits and is keeping with the area. Zoning Enforcement Officer, Gerald Brown thought it was a great way to utilize this property and could see no problems. Manzi asked if there were any abutters in attendance. No abutters were present on this hearing. McIntyre moved to close the hearing. Braese, second the motion. All were in favor. Page 2 of 4 June 18,2009 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 Braese made a motion to approve the finding. Vaillancourt second the motion. All were in favor. Vaillancourt made a motion to approve the Variance. Byers second the motion. All were in favor. Recess was taken at 8:40 and board members returned at 8:54 to resume the meeting. 5. PUBLIC HEARING a)Lizetta M. Fennessy Finding Party Aggrieved for premises at Trinitarian Congregational Church. 70 Elm Street. Fennessy is an abutter and is appealing a decision by the Building Inspector because of a cell tower that was installed in a church steeple and does not meet the 600' set back. Fennessy stated that she is only 65' from the church steeple and the newly installed cell tower and wants to know why the 600' set back did apply to Metro PCS. She read and submitted various letters, also included were letters from attorneys that were supporting her claims. Fennessy also stated in the past installing cell towers within 600' were restricted because of the 600 foot set back stated in the Town of North Andover's by-laws. Fenessy felt that the by-laws were not applied properly and she wants due process. Gerald Brown, Zoning Enforcement Officer submitted a 4 page letter to support his decision in regards to this cell tower issue. He felt that this 4 page letter speaks for itself in support of his decision for Metro PCS to install the cell in the church steeple. Atty. Peter Lamorin took the podium and spoke on behalf of the permit holder, Metro PCS. Lamorin spoke on the rules of installing cell towers. He also talked of how the 600' set back does not apply in this case. Internal mounting is what is in the Trinitarian Congregational Church. Lamorin spoke of the particulars for a cell tower not to be installed in certain areas such as ecstatic, safety and property values but only to the extent that the existence of it may have impact on someone's property value and Fennessy's claims do not meet these particulars. Lamorin said that is why the permit holder as well as Gerald Brown are accurate in upholding the law. Lamorin reiterated again that is why Lizetta Fennessy's claims are not supported by the zoning by- laws in this particular hearing Manzi spoke up and he stated that this hearing needs to go to a special counsel. Manzi also stated that this may be a decision for the Federal or Superior courts to decide. Page 3 of 4 June 18,2009 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 asked Brown a variety of questions in regards to the bylaws on this cell tower issue. Brown clarified and answered questions asked of him not only from Manzi but from members of the board. Donald Steward stepped up to the podium. He worked on writing some of the Town's by-laws and he talked of how he interpreted the by-laws in regards to cell towers and the 600' setback. He was in support of Fennessy's claims and against the cell tower installed in the church steeple. Another abutter to the church(who worked in real estate) was also against the cell tower in the church steeple and felt it was going to hurt the property values in the area, because of health concerns that buyers may have, if they were to look in this area to purchase property. Manzi stated that he wanted to go before the selectman and request for them to grant him authority to get funds for special counsel on this matter. A motion was made by McIntyre for Manzi to ask for this request to selectman. Byers second the motion. All were in favor to request special counsel. Byers made a motion to continue the hearing till August l lth Braese second the motion. All were in favor. 6. ADJOURNMENT Meeting adjourned at 11:00 Page 4 of 4 June 18,2009