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HomeMy WebLinkAbout2010-05-18 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 Tuesday, May 18, 2010 at 7:30 pm 120R Main Street Senior Center, North Andover, Massachusetts Members present: Albert P.Manzi, Ellen P. McIntyre, Richard J. Byers, Richard Vaillancourt. Associate Members: Thomas D. Ippolito, Daniel S. Braese (Arrived at 7:37). Also in attendance: Zoning Enforcement Officer, Gerald A. Brown. Excused absence: Joseph D. LaGrasse, Michael P. Liporto Chairman Manzi called the meeting to order at 7:34 Pledge of Allegiance Approval of Minutes Manzi stated that the first pitch of the night would be to approve last month's minutes that took place on April 13th, 2010. Manzi stated that he was satisfied with the minutes but wanted to comment on the resolutions/motions that were recorded in April's Minutes and stated that he wanted to show a more accurate record. Manzi suggested that the Board Members names be recorded for each motion. Manzi stated in 3 areas of April's minutes he wanted the minutes to be amended to reflect this suggested change, of adding the Board Members names to the vote. Vaillancourt made a motion to approve the minutes with these amendments. McIntyre second the motion. Those voting in favor to approve the minutes based on these amendments were Manzi, McIntyre, Byers, Ippolito and Vaillancourt. All those present voted in favor of the motion. 5-0. Committee Reports Housing Partnership-Ellen Mcintyre McIntyre stated that she had nothing to report this month on the housing committee. Manzi stated he was going to go out of order from the agenda. Discussions Peter Hingorani requests that the Board review the final plans for Merrimac Condominiums. 1. A letter and final plans have been submitted. Page 1 of 6 May 18,2010 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 stated he wanted to carry this discussion over to the next meeting that was scheduled for June 22nd in order for the Board member to have a chance to review the plans that were in front of them regarding Merrimac Condominiums. Byers made a motion to have this discussion for Merrimac Condominiums heard at the next meeting. McIntyre second the motion. Those voting in favor of this motion were: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0. Atty. John Smolak will speak on behalf of the applicant(John Smolak/Philip Giffee) for Stevens Corner, 75 Park Street. 1. Approval of plans 2. Approval of various agreements --management and affirmative marketing plans, etc 3. Other Manzi stated that Smolak will speak on behalf of Stevens Corner. Manzi stated that there were a couple of matters from last month meeting that were going to be addressed. Manzi also told the Board Members that they will see a letter in their own personal folder addressed to Atty. Smolak and his client regarding finance purposes on the project. This letter outlined the vote and approval from last month in regards to the Comprehensive Permit. Manzi stated that this can be carried over till June (if need be) to take care of housekeeping items regarding the project. Smolak went to the podium and spoke on behalf of his client. He stated on May 11th his applicant, as well as himself sent a letter to follow up with the Board on the issues that were discussed at last meeting. On that very same day Hancock Associates sent a letter that stated that all the items were addressed and satisfied. Smolak talked of the May 11th letter as well as other items, such as the lighting plan, sign plan (signage), parking plan and width of parking spots, the management plan, management contract, and also of the tenant selection. Smolak stated that they plan a ground breaking on June 28th and invited the Board to attend. Manzi stated that he wanted more time to review and understand the plans that were given to him and also to go to Town Counsel as well. Smolak was hoping to wind things up sooner, and hoped that they could be done by June. Manzi asked Smolak about further peer reviews and Smolak stated it could be possible to have more. Vaillancourt asked Smolak, since this will be continued till the June meeting will he or his client be submitting any additional information regarding this project. Smolak felt that the Board had what they needed. Page 2 of 6 May 18,2010 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 felt that Smolak was on a good track, but just wanted to hold back on approvals in case something new came up. Vaillancourt stated he was satisfied so far with what the peer review came up with. McIntyre stated that for the record she would like something from our attorney stating that the plans were reviewed and our attorney was satisfied. Vaillancourt made a motion to continue the review for the requested plans for next month's meeting. Byers second the motion. Those voting in favor of this motion were: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0. Atty. Robert Lavoie or Atty. Domenic Scalise will speak on behalf of his client, Edgewood Retirement Community Inc., 575 Osgood Street, Requesting for extension of Time under Condition 2.a of the Minor Modification to Notice of Decision 2007- 022. Both Scalise and Lavoie both came in front of the board to request an extension on the project. Scalise walked over to the podium first and refreshed the Board on what took place in 2009 regarding the project. Lavoie also talked of the project and the historic value of the property and to the community. Manzi and the rest of the Board thought it was a very worthwhile project. Byers made a motion to grant the 6 month extension and referenced Condition 2.a of the Minor Modification to Notice of Decision 2007-022. Vaillancourt second the motion. Those voting in favor of this motion: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0. PUBLIC HEARINGS Name Special Permit R-1 District a) John and Helen Gorman for premises at: 203 Boxford Street (Map 106A, Parcel 256) Helen and John Gorman walked over to the podium and they spoke on their own behalf. The Gorman's were requesting to put a family suite in the rear of the home for Helen Gorman's parents. Manzi explained to the Gorman's how the voting process worked to get approval for a Special Permit. Helen Gorman stated that her parent's have been life long residents of this town. Page 3 of 6 May 18,2010 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 stated that by looking at the plans and paperwork associated with the project he could see that that they complied with the setbacks and no waivers were needed. Manzi asked the Gorman's how the family suite would be finished. Manzi also wanted to explain to the Gorman's the Special Permit for a family suite, and also how it runs with the occupant and does not convert the property to a 2 family and when needed the permit will need to be renewed and not to lapse. Helen Gorman stated that one of her neighbors were here at tonight's meeting and was in full support of the project. No abutters were in opposition of this project. Byers made a motion to close the public hearing. McIntyre second the motion. Those voting in favor of this motion to close public hearing: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0. Byers made a motion to grant the Special Permit for the family suite. Vaillancourt second the motion. Those voting in favor of this motion: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0. Name Special Permit(2) R-4 District b) Timothy Sullivan for premises at: 20 Belmont Street (Map 18,Parcel 26) Atty. Scalise spoke on behalf of his client, Timothy Sullivan and stated that he would like to convert his property from a single family to a 2 family. Scalise stated that this particular property has been in the family for many years. Sullivan plans on living in the front part of the house and his parent's will live in the back portion of the home. No change will be made to the dimensions of the structure. Proposed will be new stairs, and an additional exit to the structure. Scalise stated that Sullivan wants to continue keeping this as a 2 family, even when his parents no longer live there. Scalise submitted a map to the Board showing the multi-family units that are in this neighborhood. Scalise also stated that a 2-family goes along with the neighborhood and is appropriate for the conversion of a 2 family. This map was submitted to the Board for the record. Manzi asked the Board if they had any questions. Page 4 of 6 May 18,2010 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 Scalise stated that his client, Timothy Sullivan went around to his immediate neighbors to see if they were in favor of his plan. Sullivan had those in favor of his project sign the petition. Those who signed the petition were on the abutters list submitted by the Assessor's Office. The petition was submitted to the Board for the record. There was a question of the street numbering on Belmont Street and an abutter who lived on 16 Belmont Street, by the name of Susan Hanson spoke of how the town renumbered the street at one time, stating it creating a bit of confusion. Byers asked about the history of the property and noticed at one time plans had been submitted for a family suite, but it never came to fruition. Manzi asked if any of the neighbors wanted to be heard. Myles Hanson, of 16 Belmont Street walked over to the podium and addressed his concerns over the increase of traffic that will develop if it gets approved as a two family. John Melvidas, of 15 Sargent Street walked over to the podium stating he was also an abutter of the property and stated he has no problem with it being approved as a 2 family. McIntyre had concerns with parking, but Scalise stated that there is a 2 stall garage as well as enough room for additional cars to park on the property. McIntyre made a motion to close the public hearing. Braese second the motion. Those voting in favor on this motion to close public hearing were: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0 Vaillancourt made a motion to grant a Special Permit from Section 9.2 of the Zoning Bylaws. Byers second that motion. Those voting in favor on this motion to grant a Special Permit for Section 9.2 of the Zoning Bylaws and as read by Vaillancourt: were: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0 Vaillancourt made a motion to grant a Special Permit to convert a single family into a 2 family. Vaillancourt stated that the findings are; that it is appropriate, and in conformance, and in harmony with the neighborhood and also in accordance with the map submitted by Atty. Scalise. Byers second the motion. Those voting in favor on this motion to grant a Special Permit to convert a single family into a two family were: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0 Page 5 of 6 May 18,2010 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 Peter Hingorani was concerned if he would be heard tonight, but Manzi stated that the Board still needed time to review the plans that he submitted and he will be heard in June. Manzi also suggested to Hingorani that if he would like he can schedule a preconstruction meeting with Gerald Brown. McIntyre moved to close the meeting Byers second the motion. All those in favor to adjourn the meeting: Manzi, McIntyre, Byers, Vaillancourt, and Braese. 5-0 Motion to adiourn meeting at 9:14 Page 6 of 6 May 18,2010