HomeMy WebLinkAbout2009-10-13 Zoning Board of Appeals Minutes Town of North Andover
ZONING.BOARD OF APPEALS
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Albeit P. Manzi III, Esq. Clyah r�rrt =OLkp n6Ya�O� As odale.Meivbejs
Ellen P. McIntyre, Vice-Chair-mars o Thomas D. Ippolito
Richard J. Byers,Esq. Clerk y^ Daniel S. Braese, Esq.
Joseph D. LaGrasse * 0 ,= s` Michael P. Liporto
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Richard 1A. Vaillancourt �SSgC"Luis Lor�irtg Evy rn-elnenl Q fter
Gerald A. Brown
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Tuesday, October 13,2009 at 7:30 p.m.
120 Main Street,North Andover, Massachusetts
Members present: Albert Manzi,Joseph LaGrasse,Richard Byers,and Dick Vaillancourt
Associate Members present: Thomas Ippolito and Michael Liporto(served as Voting Member)
Excused Members: Ellen McIntyre, Vice Chairman
Also in attendance: Community Development Director Curt Bellavance and Gerald Brown
Chairman Manzi called the meeting to order at 7:40pm
1. Pledge of Alegence
2. Approval of minutes
MOTION: Mr.Vaillancourt to approve minutes dated 913109.
Mr.Ippolito second. Mr.Vaillancourt withdrew motion until more members were present.
Mr.Byers to approve minutes dated 918109.
Mr.Vaillancourt second(4-0-1) Chairman Manzi abstain.
3. Orchard Village.
Chairman Manzi stated that this was on at previous meeting. Community Development sent out memo dated
9123/09 outlining the forms. Chairman Manzi listed items on memo— 10 forms.
Atty. Donald Borenstein confirmed the memo and 10 forms on behalf of his client.
Chairman Manzi asked if there was any further discussion.
Mr.Vaillancourt mentioned that they couldn't discuss this before because they were not on the agenda. We
discuss the notice of project change—did not discuss—was not on agenda.
Chairman Manzi asked what Mass Housing requires.
Atty. Borenstein stated that the applicant is required by comprehensive permit to submit form documents by state
to the ZBA for approval, including landscape plan,affordable unit count, etc. He would like the Board to take
some action. We did discuss with Atty, Urbelis. He was at last meeting and he bad no issues. We are requesting
approval of documents submitted. One paragraph acknowledgement.
Chairman Manzi stated that the applicant is present tonight; Mr. Bellavance stated he reviewed the documents,and
I suspect the Board members have reviewed them. Atty.Urbelis will be here later if we have questions.I do not
have any specific questions; Mass Housing dictates much of the forms.
Mr.LaGrasse stated that he received the materials and they included everything he was looking for, including the
affordable unit location. He has no problem, but did not see the acknowledge form.
Chairman Manzi questioned if that was included and if Atty. Urbelis reviewed it.
Atty. Borenstein stated that this was included previously, but this is the one paragraph that is needed. Yes, it
certainly has been reviewed by Atty, Urbelis.
Chairman Manzi stated that Mr. Bellavance's list will be used.
Mr.LaGrasse asked if the 10 documents listed were reviewed.
Atty. Borenstein said that the comp. decision requires it and all have been reviewed. Five of the ten forms are pre-
printed Mass Housing documents.
Mr. Bellavance stated that the forms were reviewed and they appear to be all set.
Chairman Manzi stated that they would need a motion if the members are all set with what has been presented.
MOTION Mr.Vaillancort to accept and approve all documents listed as submitted on the memorandum
dated September 23,2009 by Community Development
Mr. LaGrasse second [VOTE: 5-0]
[Mr.Vaillancourt,Mr. LaGrasse, Mr. Byers, Mr. Uporto, Chairman Manzi in favor]
Chairman Manzi asked if Attorney Borenstein had any other matters before the Board.
Atty. Borenstein stated they wish to withdraw the notice of project change without prejudice.
MOTION Mr. Byers made motion to accept the withdrawal
Mr. LaGrasse second [VOTE: 5-0]
[Mr,Vaillancourt, Mr. LaGrasse, Mr. Byers,Mr. Liporto, Chairman Manzi in favor]
Atty. Borenstein wanted to inform the Board that this is their free act and deed because he will signing the
approval form the members sign tonight. He also asked for a letter stating that the Board confirmed the vote from
Mr. Bellavance. We will let you know what's going on,we'll be moving fast on this. We're in good shape we're
finalizing everything and meeting with conservation Commission next week.
Chairman Manzi,regarding Board Committees, said we missed that section of the agenda(Reports, Section IV).
He understands that Vice Chair McIntyre had a report but she is not available this evening.
4. PUBLCI HEARINGS:
Stonewall Plaza, LLC for premises at 1820 Turnpike Street
Chairman Manzi requested for anyone from Stonewall Plaza.
Mr. Byers read the Public Hearing notice into public record.
Ciro Fodera introduced himself as owner and that he is looking for the Board's approval.
Mr. LaGrasse asked him to shorn the audience a picture of the project. Mr. Fodera did so.
ZBA meeting minutes for October 13,,2009 Page 2 of 5
Mr.Fodera stated that the reason whey they are submitting, they have tenants that would like their naive shown; he
stated that is the feedback he is getting.
Mr.Liporto said that the plan shows the location from the previous plan is located.
Mr. Fodera explained that it would be at the same location, instead of 5'9"it would be 14' 10".
Chairman Manzi asked if he has tenants.
Mr.Fodera has one tenant signed on.
Chairman Manzi asked what waiver he is looking for, Sign or structure.
Mr. Brown stated they are looking to waive size. They want to be similar to other signs on Turnpike Street.
Chairman Manzi said they were before the Planning Board as site plan; do they need to go back to them?
Mr.Brown stated that the Town Planner will see this informally.
Mr. Fodera said hopefully they will be six tenants on first floor and potentially ten in total.
Mr, Byers said the best case would be one big tenant.
Mr. Brown stated that it is mix-use building and may include a restaurant.
Chairman Manzi said the structure(proposed sign) is brick and is 14' to peak.
Mr. Byers likes that the sign matches the building.
Chairman Manzi finds it difficult to visualize.
Mr. LaGrasse said it is not accurately depicted on the plan.
Mr. Fodera said it is 7' inside; excluding the entire structure.
Mr. Byers asked Mr. Bellavance his thoughts and opinion. The Planning Board approves a lot but now this is here
and we don't have an opinion of the Planning Board.
Mr. LaGrasse stated to the Board"Remember the Petco sign?" This proposed sign is right on top of the entrance.
The sign would be massive next to a car(a 14-foot sign versus a 6-foot high car).
Mr. Byers asked if there is a retaining wall in front of the sign.
Mr. LaGrasse said maybe on the other side? Maybe that would be better.
Mr.Brown stated that they could condition this to go back to the Planning Board for color,site line, or the Town
Planner,
Chairman Manzi stated that the Planning Board spends a lot of time reviewing and examining site plan review. It
is a nice looking sign but he is not clear on the line of sight. He doesn't think there is enough submitted here for
the Board to endorse tonight.
Mr. LaGrasse said that the proportions are good; it just needs to be a little smaller.
ZBA meeting minutes for October 13,,2009 Page 3 of 6
Mr. Fodera stated that he is using the same colors-based on the buildings.
Chairman Manzi would like to see it rented but would like to get to the site and suggested they should maybe talk
to planning. He asked for Mr. LaGrasse's thoughts.
Mr. LaGrasse stated that this is not a regional mall. It could be at I 1-feet; plenty for a car to see. This is colored,
straight-away and visible. Reduce the height and width;proportionally it could work fine. The WaIgreens sign is
too big, don't need the height. You could get the same effect at a smaller scale. Planning Board should see this
because of their previous involvement,
Mr. Byers questioned how tall Mad Maggie and DeFusco's signs are. They are examples of good signs.
Chairman Manzi asked if Mr. Fodera was currently working with someone on the signs.
Mr.Fodera stated that he is working with an architect.
Chairman Manzi suggested putting it forwarded to the next meeting, and then they could hear from the Planning
Board.
Mr.Vaillancourt suggested that they take a look at some signs around town.
Mr.Fodera stated he would do that.
Mr.Liporto suggested he use a computer model that depicts the sign(scale)better and not show it larger than the
building; it might show the sign better and provide a better scale.
MOTION Mr.Byers made a motion to move to next meeting,November 10't'.
Mr.Vaillancourt second. (5-0).
[Mr.Vai I lancourt,Mr. LaGrasse, Mr. Byers, Mr.Liporto, Chairman Manzi in favor]
The Board tools a five minute recess at 8:30pm.
Meeting resumed at 8:38pm, Chairman Manzi excused himself from the meeting,Atty. Urbelis joined the meeting.
Atty. Urbelis stated that the documents are okay and that they were reviewed. There was a constructive approval
on#70 Elm Street and Metro PCS appealed that. Because your position is the same as the Planning Board, if you
want to make a motion to allow me to represent you. I will.
MOTION Mr.LaGrasse made motion.
Mr.Vaillancourt Second(5-0)
[Mr.Vailiancourt,Mr. LaGrasse,Mr.Byers, Mr. Liporto,Mr.Ippolito]
Atty. Urbelis stated that this is a case between Metro PCS and that they will carry the ball and lie will monitor
closely. It has been filed in land court.
PUBLIC HEARINGS:
James & Margaret Walker for premises at:
#0 Bridle Path 
 Bridle Path are next subject on agenda.
Atty. Dom Scalise asked if they both can be heard concurrently.
Mr.Vaillancourt read the Public Hearing notice into record; 0 Bridle Path,then 10 Bridle Path.
ZBA meeting minutes for October 93,'2009 Page 4 of 5
Atty Scalise stated that lie was there on behalf of Mr. &Mrs. Walker. In 1977,they bought the parcel on left side
of plan. In 1984 they bought the parcel next door; it was in foreclosure and has paid taxes on it since then, They
are now here before the Board to move a lot line.The variance is for area and contiguous buildable area, as well as
a Variance from non-disturbance buffer zone. The lots are well over an acre;this area is mostly one acre. Atty.
Scalise showed the Assessors maps, demonstrating that most of the area is one acre lots. They have paid taxes for
many years and want to develop by moving lot line over by 30 feet.
Mr.LaGrasse recalled the project and questioned what size the house is.
Atty. Scalise stated that the house was specifically designed for the lot.
Mr.LaGrasse asked if the home could be moved back.
Bill Macleod,engineer for the Walker's, stated that if they move it back,then they need a side variance too. He
also needs the setback and side for this type of garage. They are also moving forward because the no-build zone
and typography slopes down and away.
Mr.Byers asked if the lots are non-conforming already.
Atty Scalise said yes,they are making them"less"non-conforming. They are requesting to build the house closer
to applicant and away from abutters.
Mr. Byers asked if there were any questions or comments from the public.
Mr, Bob Ereilini said that he just found out about this, and that he is not an abutter. This will be the first thing you
see. We should take our time on this and not close the public hearing. The Town made this 2-acre zoning to
preserve the wetlands and now it's severed and houses are popping up. You'll see the garage doors. People
expect to see wetlands, not houses. He wants to raise these issues. He just wants to check it out, not throw stones.
He's been before the Conservation Commission,the stonewall...wow!
Mr. Macleod stated that is is similar to the variances they got for Mr. Ercilini.
Mr. Ercilini stated that he did need approvals, and questioned if the 2700 SF for the home' was counting the
basement. (No was answered).
Mr.Ercilini asked if it could be staked out, so people can see.
Mr Macleod reminded everyone that Mr. Ericilini is not an abutter.
Mr. Ercilini said that the public has a right.
Mr. Macleod explained the elevations,and that the garage floor of the new home will be 10 feet lower than the
neighboring house. If the ZBA gives them a side variance, then maybe they could push it back further.
Mr. Ercilini stated that he wishes the 50' setback wasn't embedded, he feels we need economic development and
growth, and that maybe it should be pushed back.
Atty. Scalise said they have met a dozen times and that the Conservation Commission said"don't bother coming
back". He does not mind pushing it off another week.
Mr. Byers said he would tend to vote on a variance if it makes a good project.
ZBA meeting minutes for October 13,2009 Page 5 of 5
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Mr.Macleod stated that he could get it staked out,where it is proposed and where it could be pushed back. He
thinks it would look good if it was set back further.
Atty. Scalise would like to re-submit an application.
Mr. Brown stated that this would require a new application and review by the Conservation Commission.
Atty. Scalise would be happy to meet with Mr, Brown to discuss.
Mr. Ericilini said lie is speaking on behalf of a few people, not just himself.
MOTION: Mr.Vaillancourt motioned to move to continue to November I Itn meeting.
Mr. Liporto second (5-0)
[Mr.Vaillancourt,Mr. LaGrasse,Mr. Byers,Mr. Liporto,Mr, Ippolito]
MOTION: Mr. LaGrasse motioned to adjourn
Mr.Vaillancourt second(5-0)
[Mr.Vaillancourt,Mr. LaGrasse,Mr. Byers,Mr. Liporto,Mr.Ippolito]
Meeting adjourned at 9:10 pm.
ZBA meeting minutes for October 93,,2009 Page 6 of 5