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Home My WebLink About2009-09-22 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS rORry q d ,,,So ry6 N. yE'," •.�6 0 Albert P.llanii III,Esq. Cbairriran �a Assodate kfemGers Ellen P.1lcInty xe, Vice Cbairmare * * 'Iliomas D.Ippolito Richard J.Byers,Esq. Clerk �p e� Daniel S.Braese,Esq. qa.u.«.wK.yM1� ,Joseph D.LaGrasse � Op4?gyp gyp* 1y Mich P.Liporto Richard M.Vaillancourt �SSAcHUSEt Zoning Erforveynenf O#iier Gerald A.Bros;iii DRAFT MINUTES Tuesday, September 22,2009 at 7:30 p.m. ,l /� �✓ 120 Main Street,North Andover, Massachusetts Members present: Ellen McIntyre,Joseph LaGrasse,and Richard Vaillancourt Associate Members present: Thomas Ippolito, Michael Lipoite and Daniel Braese Excused Members:Albert P. Manzi III and Richard Byers Also in attendance: Thomas Urbelis,Town Counsel,Community Development Director Cult Bellavance Vice-Chairman McIntyre called the meeting to order stating that it is a special meeting to address the letter from Attorney Borenstein dated 9-9-09. Atty. Thomas Urbelis explaining that the letter shows proposed changes. We can discuss all changes,but they state that any documents submitted would be deemed approved. Mr.Bellavance passed along the changes to Atty.Borenstein, which was forwarded back to Mr.Bellavance last week. Some board members cannot access PDF forms. Vice-Chairman McIntyre stated that the changes appear to involve eliminating ZBA from voting on documents. Atty.Urbelis explained that if you don't make a determination, then it would be deemed approved. Vice-Chairman McIntyre said that they are meeting within the 20 days and we can make a decision. Mr. Braese asked how much oversight does the board want to maintain? Vice-Chairman McIntyre stated that we would loose all oversight. Mr. Braese agrees. Vice-Chairman McIntyre feels that the Board has a huge responsibility with comprehensive permits. Mr. Vaillancourt stated that he could not print the documents out. Vice-Chairman McIntyre requested hard copies. She looks at this"Notice of Project Change"as saying we are by-passing you and going straight to the State. Mr. Vaillancourt said that they had a big discussion about the conditions. Attorney Borenstein requested to speak. Vice-Chairman McIntyre stated that Atty. Borenstein had two minutes and that he should be brief. Atty. Borenstein stated that the documents were submitted on 815109 and he asked the board to check them off. We came back to the following meeting and were told we were not on the agenda. Mostly are all pre- printed forms that were received by Town Counsel,who approved them. Also,a home association which we stole from Atty. Urbelis from another project. We provided everything that was requested of us and we are not getting anywhere. I tried a second attempt, the 919109 letter;I would withdraw the request if the documents could be approved. Vice-Chairman McIntyre reminded Atty. Borenstein that lie has 30 seconds left and not to tell the board what to do. Atty. Borenstein stated that he is not telling you, but merely suggesting a couple of options. "I think we're all on the same page and there's a face off." Mr,Vaillancourt asked if the documents were at the meeting of 8/11/09. Vice-Chairman McIntyre stated that the documents as of last meeting were not reviewed. Mr. Braese asked if they have been reviewed? Atty. Urbelis stated that he and Mr.Bellavance have reviewed them and they made changes. Mr. Braese asked if we have the final documents. Atty. Urbelis and Mr.Bellavance said yes, except that they can't vouch for the landscape plan. Mr. Braese asked if that is what your see? Atty. Borenstein said that he can explain. Mr. Braese stated that that was rip to the Chairman. He didn't want to support holding this up. Atty. Borenstein explained that the forms are the same except they're typed in and tbd(to be determined)and the blanks we couldn't fill in. They're the same as 8-5.They're identical. Atty. Urbelis pointed out that the affordable units information was not filled in. Atty. Borenstein said that was correct. Vice-Chairman McIntyre pointed out that they were discussing the documents,which were not on the agenda. Atty. Borenstein agrees with Atty. Urbelis and did what lie was requested. If the ZBA maintains that authority we want them to act in a timely manner. It was submitted on 815/09. Vice-Chairman McIntyre explained that it was submitted but received and carried to the next meeting. Atty. Urbelis questioned if he was going to withdraw? Atty. Borenstein stated that they were on hold until spring if we can't close and we can't withdraw. Vice-Chairman McIntyre stated it looks like it will be on the 13'h Zoning Board of Appeals Meeting Minutes of 9122109 Page 2 of 4 Mr. LaGrasse said he is hying to figure exactly what the"changes"are. Vice-Chairman McIntyre stated that each change specifies that the ZBA will not be heeded. Mr. LaGrasse said that that is not what lie is hearing,that they just want a timely review. Atty.Borenstein said when he gets permit lie will go through the conditions and pull out each"to do" item and follow through on it. I haven't heard. The change states that the documents are approved or the state will approve. We'll use whatever form the state tells us to do. Vice-Chairman McIntyre coed. #5 is more than that. Atty. Urbeiis suggested that they really need to compare to the original decision. Mr. LaGrasse said they are substantial—what next? Vice-Chairman McIntyre stated that we vote to deem the changes substantial. Atty. Borenstein stated that his only intent is to get his documents signed off on. Mr. LaGrasse ased if they can do that? Vice-Chairman McIntyre said at their next meeting. Mr.Braese doesn't see this as a delay. Mr.Vaillancourt stated he was at the last meeting and we weren't prepared to sign off. Mr.LaGrasse said he does see the timeline and sees an immediate problem. Atty. Borenstein asked rhetorically, "can't you see the client being frustrated" "he's trying to bring jobs, extend the sewer ,,." Vice-Chairman McIntyre asked that Atty. Borenstein please take his seat,that lie was done speaking. Mr.LaGrasse questioned why we can't wait two weeks. Vice-Clia irnian McIntyre stated that we don't have anything in front of us. Mr. LaGrasse stated that he needs hard copies, he just doesn't know what the changes are,they're not in front of me, Vice-Chairman McIntyre stated that she'll entertain a motion. Mr.LaGrasse asked what happens if we deem it substantial? Atty. Urbelis said they would appeal to HAC. Mr.Vaillancourt said they were submitted in time but we didn't get to do it at the September meeting. Mr.Braese said that our action doesn't appear to be intentional. Zoning Board of Appeals Meeting Minutes of 9/22109 Page 3 of Mr. LaGrasse asked why we didn't have these in July or June? Atty. Borenstein stated that they needed a finance commitment and that the environment is tough. Mr. LaGrasse said that missing one meeting isn't too difficult. Atty. Urbelis said there is no reason why they can't be submitted in June—they have nothing to do with financing. Vice-Chairman McIntyre stated that this was not done in malice. Mr. Liporto asked what is the risk. Can HAC deem it insubstantial? Will they come back before us? Mr. Braese stated that they can come before us in October and we can get it done then. Atty.Borenstein stated they are the same—there are no changes—F]I get them to you--I'll deliver them to your home. MOTION: Mr. Braese made a motion that all changes noted on the letter dated 9/9/09 be deemed substantial changes to the decision on June 24,2008,amended 12-9-08, regarding the Orchard Village comprehensive permit. Motioned second by Mr. Vaillancourt, (5-0). Mr. Liporto served as the associate member and did not vote. Mr. LaGrasse asked when we would get it to you? Mr.Bellavance said right away, l will mail the documents tomorrow. Mr.Vaillancourt asked Atty. Urbelis if they can ask him any questions they may have pertaining to the documents. MOTION: Mr.Braese made a motion to adjourn the meeting. Mr. Vaillancourt seconded(VOTE: 5-0). Mr. Liporto served as the associate member and did not vote. Zoning Board of Appeals Meeting Minutes of 9/22/09 Page 4 of 4