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Home My WebLink About2010-10-12 Zoning Board of Appeals Supplemental Materials Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� DRAFT MINUTES Tuesday, Oct 12, 2010 at 7:30 p.m. 120 Main Street, North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, and Richard Vaillancourt Associate Members: Thomas Ippolito Excused absence: Richard J Byers Albert Manzi called the meeting to order at 7:45. Manzi stated that tonight they have a light agenda and he will go slightly out of order. APPROVAL OF MINUTES September 21, 2010 Ellen McIntyre made a motion to approve the minutes as written. Richard Vaillancourt second the motion. Those voting in favor to approve the minutes were: Manzi, McIntyre, Vaillancourt, and Ippolito. All were in favor. Committee Reports Housing Partnership-Ellen Mcintyre. Manzi stated that they will table the Housing Partnership report till the next meeting. Continued Public Hearing Manzi talked of the 4 continued Public Hearings that have all filed time Waive Forms to be extended until the next scheduled ZBA meeting, November 9th 2010. 1. V. Scott Follansbee for premises at 0 Martin Ave, 2. Doug Ahern (JeffCo Inc) 250 Sutton Street, 3. Doug Ahern (JeffCo Inc), for property located at 114-116 Union Street, 4. Florida Tower Partners 125 Flagship Drive. McIntyre made a motion to continue these 4 Public Hearings until the next meeting scheduled on November 9th as noted by Al Manzi. Vaillancourt second the motion. Those voting in favor to continue these 4 Public Hearings were: Manzi, McIntyre, Vaillancourt, and Ippolito. All were in favor. Discussions Manzi moved on to the next item on the agenda, to establish a bond amount for the Orchard Village Subdivision. They are requesting the Board to vote on establishing a bond amount. Pagel of 3 Oct 12, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Manzi stated that we have the Developer present for Orchard Village, Mr. Bob Messina. Manzi went on to say, that they have received some information from the Planning Department and have also reviewed the report from Mr. Peznola. Manzi stated that there were some additional matters that he was unclear on and also felt that he needed a better understanding of the Bond process between the DPW and Planning Department. Manzi asked Messina if this discussion could be continued until the next meeting that is scheduled for November 9th Messina agreed on continuing this discussion. McIntyre made a motion to continue this matter for Orchard Village until the next meeting scheduled on November 9th. Vaillancourt second the motion. Those voting in favor to continue were: Manzi, McIntyre, Vaillancourt, and Ippolito. All were in favor. Resumes and rates for Radio Frequency Engineers (Peer Review) for 125 Flagship Drive. Vaillancourt was asking about discussing the 3rd party peer review for Florida Towers. Manzi reported to the Board that as part of the continuance that the applicant stated in her letter that it would be okay to discuss this matter without her being present, in regards to choosing the Radio Frequency Engineer (3rd Party Peer reviewer). Manzi stated that they have 3 Radio Frequency Engineer's resumes and rates in front of them to review. The Board discussed all the 3 candidates' resumes, rates, experience, credentials and accomplishments. Manzi talked to the Board, stating he wanted them to feel comfortable with the selection of the peer reviewer. Manzi also said that he possibly could foresee that the Planning Board may go along with whomever the ZBA chooses for a Peer Reviewer. Manzi stated that he has not spoken to any of these 3 candidates. Vaillancourt asked Ippolito what he thought of these 3 candidates, since it was his area of expertise. Ippolito thought they all seemed qualified, and that each of these candidates had something to offer. Ippolito stated that it would be helpful if any of these candidates had previously worked on a case that was similar to the applicant we have now, for 125 Flagship Drive. McIntyre talked of a new perspective or eye may be a good thing in choosing a peer reviewer for this project. Manzi asked Vaillancourt if he wanted to talk to any of the candidates, and also suggested that maybe they should narrow it down to 2 candidates and possibly get some feedback from Town Counsel. Page 2 of 3 Oct 12, 2010 Town of North Andover ZONING BOARD OFAPPEALS t%ORTH Albert P. Manzi III, Esq. Chairman 2a��t�EO b;�+o Associate Members Ellen P. McIntyre, Vice-Chairman o Thomas D. Ippolito Richard J. Byers, Esq. Clerk * ` w * Michael P. Liporto Richard M. Vaillancourt �o 1�"* Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown A�RATEU rPP` 5 SACHU`�� Vaillancourt felt they should talk to all 3. Manzi agreed with that. With that being said Vaillancourt moved to continue this till the next meeting, with regards to the selection of the Radio Frequency Engineer, peer reviewer for 125 Flagship Drive. McIntyre second the motion. Those voting in favor were: Manzi, McIntyre, Vaillancourt, and Ippolito. All were in favor. Manzi moved onto the Miscellaneous Correspondence and talked of a letter from a condo owner of a 40B. In the letter she stated that she had not been able to sell her unit since 2009. The homeowner was asking in her letter, if it was possible for her to rent it out. McIntyre talked of the Regulatory and Deed Restrictions in regards to her unit. McIntyre did not think the homeowner was allowed to rent it. Manzi asked to send this letter over to Town Counsel for advisement. Manzi also suggested that this homeowner may want to be docketed for a ZBA meeting to discuss her issue with the Board. McIntyre made a motion to adjourn the meeting. Vaillancourt second the motion. Those voting in favor were: Manzi, McIntyre, Vaillancourt, and Ippolito. All were in favor. ADJOURNMENT Meeting was adjourned at 8:22 PM Page 3 of 3 Oct 12, 2010