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Home My WebLink About2009-09-08 Zoning Board of Appeals Minutes Town of North Andover ZONING BOARD OF APPEALS IAORTH Albert P.Manzi I1I,Esq. Chahman of "to "qy. Asso�7ade r1.IemGerr Ellen P,McIntyre, Vice-Chainvew �� 4`'`' �° oe 'Thomas D.Ippolito Richard J.Byers,Esq.Clerk 0 � Daniel S.Braese,Esq. Joseph D.LaGrasse ; Mickel P.Liporto Richard 11.Vaillancourt '�}°4 0�F -x-y�` �` Zoning Errforver»eut 9flicer 7 NM1TkO FPR\�y RSSRCHt15E� Gerald A.Brown DRAFT MINUTES Tuesday, September 8,2009 at 7:30 p.m. 120R Main Street,North Andover, Massachusetts 1611 Members present: Ellen McIntyre, Richard Byers, Richard Vaillancourt and Michael Liporto Associate Members present: Thomas Ippolito and Daniel Braese Excised Members: Chairman Manzi and Joseph LaGrasse Also in attendance: Cunt Bellavance, CD Director and Gerald Brown,Inspector of Buildings Vice-Chairman McIntyre called the meeting to order at 7:30pin Pledge of Allegiance. MOTION: Mr. Braese to approve minutes of 8/11/09 meeting Mr. Liporto second (VOTE: 5-0) Vice-Chair McIntyre asked to continue the public hearing from the previous meeting. Attorney Don Borenstein spoke out of order and requested to speak to the Board prior to the Board taking up the continued hearing. Vice-Chariman McIntyre stated that he is not on the agenda. Don Borenstein stated that lie filed documents 6 weeks ago and would like a status update. Vice-Chairman McIntyre explained that the Board has not received the documents. Don Borenstein stated that the Board has his letter. Vice-Chairman McIntyre explained that the Board cannot take any action at this time as they do not have all the documents. Mr. Byers questioned how the project was left previously. Mr. Bellavance stated that he had not met with Attorney Urbelis to review all the documents submitted. Furthermore,that the covenant was acted on and signed by Chairman Manzi. Vice-Chairman McIntyre explained that the Board has noting to act on, Mr. Byers also explained that the Board cannot act with out anything in front of them. September 8,2009 Minutes Pagel of 5 Town of North Andover ZONING BOARD OF APPEALS t%ORTH Albert P.Manzi III,Esq. CJXdl1man of��.o .,qti Assorrnle klal hers Ellen P.\icf3it}re, l/rre Cfirrhi»rrit 3 c Thomas D.Ippolito Richard 1.Byers,Esq. Clerk +o Daniel S.Braese,Esq. Joseph D.LaGrasse Michael I'.Liporto Richard M1. Vaillancowt ^°4 <�^1 ". Zo hiS Egfonement Q11k r ��SSac u5�A Gerald A.Brown Vice-Chairman McIntyre stated that the Board is not comfortable voting on anything without representation from counsel, She assured Mr. Bornstein that she will make sure that all ZBA members and Atty,Urbelis will get necessary copies. Don Borenstein explained that they are closing at the end of the month. Mr.Vaillancourt asked what action needs to be taken by ZBA? Don Borenstein stated that the permit says the Board needs to vote to accept. The State requires there to fill in their forms, and that Atty.Urbelis' comments are added in. They also submitted the final landscape plan and homeowner association documents. Vice-Chairman McIntyre asked if he wants to file hardcopies or electronic. Mr. Byers asked if Atty. Borenstein can go forward without their final okay, Atty. Borenstein explained that the applicant has to satisfy the permit requirements for the bank. And part of the comp permit was to gat the Board's approval of the submitted documents. Vice-Chairman McIntyre stated that they would be on the agenda for the next meeting in early October(I3), Continued Hearing Elm Street Development Service, LLC. Attorney Peter Shaheen began to update the Board from the last meeting. Vice-Chairman McIntyre questioned that they don't need a variance, but are requiring at the request of the Planning Board? Where do soil conditions, shape or topography fit in? Paul Marchionda explained that they are cutting into the slope and it makes the project difficult. Atty. Shaheen stated that everything on the site is dictated by the slope of Boston Hill. The carport is one reason and stepping tip the building is the second because of the slope. Vice-Chairman McIntyre noted that she had skied the slope, as did Atty. Shaheen, Atty. Shaheen stated that they are not looking for anything radical, it's not the building in the setback, it's the carport. If you put them side-by-side the Town would chose. Vice-Chairman McIntyre questioned that when he refers to the"Town", lie means the Planning Board? Atty. Shaheen stated yes the Planning Board but he feels the Town is supportive as well, correct Mr. Bellavance. Mr. Byers stated that the carport is a no-brainer because of the slope, September 8,2009 Minutes Page 2 of 5 Town of North Andover ZONING BOARD OF APPEALS V%ORTq Albert P.\faivi III,Esq. Cbah-man o* Y,eo ,s�ti Axrodalellle,,vbea Ellen P.Afdtit,re, Ilia-05ahm ajt %_ �` ° °< Thomas D. Ippolito Richard J.Byers,Esq.Clerk Daniel S.Braese,Esq. Joseph D.LaGrasse ; Michael P.Liporto Richard Al.Vaillancourt 49 m --- �` ZmhlS Eu#biremlwt Qgirer s 0 Ar.y13SP 5 E� Gerald A.Brown Mr. Marchionda explained that the height is the average and that it is based on the hill. Vice-Chairman McIntyre questioned whey the roof has to be 15-feet high. Jason Robeio—the architect told him that because the sloped roof makes the footprint smaller than with the mansard roof. The unit count is the same but the footprint would be larger. Mr. Liporto stated that it's a roof above a floor,not an additional living space. Mr.Ippolito noted that the difference with the roof is not as visible because of the slope of Boston Hill. Vice-Chairman McIntyre stated that it is still a big building. Mr. Byers said he wants it to be a nice building, as he lives in Town. Planning Board told them and Mr. Bellavance did too (variance support letter). Atty. Shaheen explained that the other project was a larger user of services;this is a better project. Mr.Byers noted that the hill will be preserved. Atty. Shaheen stated that the whole hill would be preserved. Vice-Chairman McIntyre stated that at the last meeting she requested 3 additional items be submitted- Conservation Restriction,copy of the Conservation Commission Order of Conditions,and deliniated wetlands. Also the design of the carport. Gerald Brown stated that the bylaw calls for the height at the finished grade;the slope hurts them when you add it up. The Conservation Commission has identified where they can go,which limits them,and the Conservation Cormission is on board with the project. Mr. Vaillancourt asked if the footprint is smaller. Jason stated that if they wanted to achieve the sloped roof without the variance,then they would need to build a bigger footprint to reach the unit count. They would lose twenty(20) units. Mr. Liporto asked what the height was? Does it go to 49' 2" from 35'? Vice-Chairman McIntyre asked if there were other comments from the audience. Mr. Henry Fink from the audience stated that he would see this project more than anyone and lie has no problern with the roof design. However he did have question about the footprint and setback. Is parking in front? How close is the parking to the lot line on Route 114? What is the area? Route 114 is 80' wide at the section. September 8,2009 Minutes Page 3 of 5 Town of North Andover ZONING BOARD OF APPEALS tkoRTN Albert P.Manzi 1II,Esq. Crairrmm o14,��to '6�tO Assorialerl�lemberr Ellett P.Mclotyre, 1/iee-Crnin))an �; :'`. ae Thomas D. Ippolito Richard J.Byers,Esq. Clerk 0 .0 Daniel S,Braese,Esq. Joseph D.I;aGxasse * ; Michael P.Liporto Richard Al.Vaillancowt Zoirirr g Er!arxarrerrl Q11icer S�ACwus E Gerald A.Brown Vice-Chairman McIntyre explained that the building is requesting a setback variance and that parking will be before the Planning Board. Mr. Fink noted that if the carport was moved back then parking would be moved back. Mr. Byers said that they don't have to put in the carport. Vice-Chairman McIntyre stated that they are building what they are showing; if they changed the plans they would come back. Mr.Fink stated that he went in to the office and there was nothing to show him. Mr.Bellavance noted that lie asked for anything"new", not the existing plans;which are on file and available for the public. Mr, Fink asked where the entrance comes in? Mr. Marchionda said across from Seven Hills. Vice-Chairman McIntyre reminded Mr. Fink that the aesthetics are the responsibility of the Planning Board; the ZBA issue is the variances. Mr. Fink does not have problem with the lieight. He questions the setback(73')from lot line. He would be looking at it the most and has no problem with plan, lie see's no difference between designs. Vice-Chairman McIntyre suggested that Mr. Fink should go to the Planning Board meeting when they are scheduled to discuss the landscaping, lighting, etc...to let them know what he thinks. Mr.Fink questioned the difference in height(14'2")? Several people said"yes". Vice-Chairman McIntyre asked if there were any other questions from the members. MOTION; Mr. Byers to close the hearing. Second by Mr.Vaillencourt. (5-0). [Mr. Braese not voting because he did not attend the first public hearing.] MOTION: Mr. Byers to GRANT a dimensional Variance from Section 13.5.d.I and Footnote I of Table 2 to allow construction of a porte cochere within seventy-three(73)feet from tine perimeter of the front property line,within the Village Residential District, as shown on the accompanying plans: 1) Exhibit Plan"A"The Arbors at North Andover,by March ionda&Associates,L.P., dated February 12,2009; 2) "Conceptual Rendering: Assisted Porte Cochere", by Gori&Associates Architects, Received at September 8,2009 meeting; September 8,2009 Minutes Page 4 of 5 Town of North Andover ZONING BOARD OF APPEALS Albert 1'.Manzi III,Esq. CGahwarc of Ho q <�K L F 0 O ,6I ND fl.croeYale AiEI11GBY.c Ellen 1),llclntyre, Vrie-Chaff wan �_ 0 Thomas D.Ippolito Richard J.Byers,Rsq. CIerA Daniel S.Braese,Esq. Joseph D.LaGrasse ; * Michael P.Liporto Richard M.Vaillancourt °s <• ZO1PI/d g I Ilpa&arrrertt O+,uet' 4SSaewus�t Gerald A•Brown 3) "Setback Variance Plan", by Marchionda&Associates,L.P., dated July 16,2009, containing ten(10)sheets. Second by Thomas Ippolito. (5-0). MOTION: Richard J. Byers to GRANT a dimensional Variance of 14-feet,2-inelzes(14' 2") from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height, as shown on the accompanying plans: 1) "Setback Variance Plan", by Marchionda&Associates, L.F., dated July 16,2009, containing ten(10)sheets. 2) Exhibit Plan"A"The Arbors at North Andover,by Marchionda&Associates,L.P., dated February 12, 2009; 3) "Conceptual Rendering: Assisted Porte Cocliere", by Gori&Associates Architects, Received at September 8,2009 meeting; With the condition that the attic level shall not be used for living purposes and shall remain uninhabitable. Second by Thomas Ippolito. (4-1). Voting in favor were Richard J,Byers, Richard M. Vaillancourt,Michael P. Liporto and Thomas Ippolito. Voting in the Negative was Vice-Chair Ellen P. McIntyre MOTION: Mr. Byers to adjourn Second by Mr.Vaillancourt. (5-0). September 8,2009 Minutes Page 5 of 5