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HomeMy WebLinkAbout04.12.11 Town of North Andover In j 1 ZONING BOARD OF APPEALS 6 1/ %AORTH Albert P. Manzi 111, Esq. Chairman Associate Members ..'6 Ellen P. McIntyre, Vice-Chairman Thomas D. Ippolito Richard J. Byers, Esq. Clerk Alichael P. Liporto 's i Richard M Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. is US Gerald A. Broi,vn DRAFT MINUTES Tuesday, April 12 at 7:30 p.m. Senior Center 120R Main Street,North Andover, Massachusetts Members present: Albert Manzi, Ellen McIntyre, Richard Byers, and Richard Vaillancourt Associate Members: Thomas Ippolito, and Michael Liporto Also in attendance: Building Inspector, Brian Leathe Excused absence: Daniel Braese Manzi called the meeting to order at 7:39 APPROVAL OF MINUTES March 8, 2011 Ellen McIntyre made a motion to approve minutes. Byers second the motion. Those voting in favor to approve the minutes were: Albeit Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto 5-0 COMMITTEE REPORTS Housing Partnership Report,McIntyre said that the Housing Partnership committee had not met since the last Zoning Board Meeting. McIntyre stated that the next meeting will be April 20th and she will have a report at the next Zoning Board Meeting in May. Discussions Proposed Form J Lot Releases for Orchard Village. Manzi moved on to the next item on the Agenda,the release of the second set of lots for Orchard Village. Atty. Donald Borenstein walked over to the podium stating he is representing his client, Bob Messina, from Orchard Village. Borenstein wanted to update the Board on the first set of lots that were approved and how everything has been going along well, as expected, and like clockwork. Borenstein also talked of the letter that came from Joe Peznola, of Hancock Associates. Borenstein stated that Peznola is satisfied with the progress of the first set of lots. Borenstein told the Board that now his client is looking for the second set of lots to be released and approved by the Board. Page I of 6 April 12, 2011 Town of North Andover ZONING BOARD OF APPEALS OORTH Albert P. Manzi 111, Esq. Chairman 4 '6 Associate Members , 0 Ellen P. McIntyre, Vice-Chairman Michael P. Liporto Thomas D. Ippolito Richard J. Byers, Esq. Clerk 40( µ Richard M. Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown S CH Borenstein talked also of the $350,000 spent on a water booster pump that helps water pressure in that pall of town, $40,000 on an emergency generator, and $12,000 posted with Conservation. Borenstein went on to say that at least $80,000 worth of building permits have been paid to the town already. Manzi stated that the form in front of him looks similar to the first form. Manzi stated he is satisfied with how this project is coming along and that they are up to date on what they owe, such as taxes. Byers stated that he will make the motion to approve the Lot Releases based on the letter from March 31St, 2011 and also the letter from Joe Peznola, of Hancock Associates dated April 8, 2011. McIntyre second the motion. Those voting in favor to approve the second set of Lot releases: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancouit, and Michael P. Liporto. 5-0 Borenstein gave the letter of Lot Releases to be signed to Manzi and the Board. Borenstein stated that he will also bring this letter to Town Counsel, get it recorded, and then bring it to the Building Department, just as he did with the first set of Lot Releases. Borenstein stated that he will notarize only Manzi's signature. Manzi asked Borenstein to stay at the podium since he represents the next petition. Continued Public Hearin Special Permit(1) R-4 District. Ray Von Really Trust (Raymond Y. Cormier, Trustee) for premises on Lot#5 Chatham Circle (Map 47,Parcel 139). Requesting to continue till the June 21't Hearin (signed Time Waive Form). Borenstein stated that he represents Ray Von Realty Trust, (Raymond Y. Cormier, Trustee)Lot#5 of Chatham Circle. He is requesting to the Board that this petition be continue till the June 21st Hearing. Borenstein brought the board up to date on the original request for this Special Permit to allow a two Family Structure on that lot. Chatham Circle has been nearly developed as a two family condominium development in that area. Borenstein talked a bit of the drainage issue in this development and that they still need additional information. Borenstein also talked of the Town Engineer and the issues of the drainage that have not been completed. Borenstein also stated that a workshop was suggested. Manzi stated that a significant bond is being held regarding drainage that has not been completed. Page 2 of 6 April 12, 2011 Town of North Andover ZONING BOARD OF APPEALS OORTH Albert P. Manzi 111, Esq. Chairman Associate Members 0 Ellen P. McIntyre, Vice-Chairman 0 Thomas D. Ippolito - Richard J. Byers, Esq. Clerk Michael P. Lipoi to Richard M Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. 4 .01.Arap Gerald A. Brown ,VS U Byers made a motion to continue this hearing till the June 21st hearing for Ray Von Realty Trust, Lot#5, Chatham Circle. Vaillancourt second the motion Those voting in favor to continue this hearing: Albeit Manzi,Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Thomas Ippolito. 5-0 Manzi moved on to the next item on the agenda Variances,RI and R2 District, (Petition of Metro PCS) Town of North Andover, Stevens 723 Osgood Street (Map 35 Parcel 23). Requesting to, "Withdraw Without Prejudice". Manzi stated that they are requesting to withdraw without prejudice. He will not vote on this since he was not here for the hearing in March. Byers made a motion to accept the"Withdraw without Prejudice" for Metro PCS, 723 Osgood Street request. Vaillancourt second the motion. Those voting in favor: Ellen McIntyre, Richard Byers, Richard Vaillancourt, Thomas Ippolito and Michael Liporto. 5-0 McIntyre also wanted to mention the letter that was submitted by the FAA regarding Metro PCS. McIntyre stated that the FAA was not in support of the monopole extension. Variance (2)R-4 District. V. Scott Follansbee for premises at 0 Martin Ave,Lot I (Map 45G Parcel 20) and Lot 2 (Map 45G Parcel 36) Special Permit(1) and Variance (1)I-S District. Doug Ahern (JeffCo, Inc) for premises at 250, Sutton Street(Map39 Parcel 19). Manzi stated the next petition before us was the continued Public Hearing of 0 Martin Avenue but wanted to mention that a workshop was hosted on April 6'h regarding this hearing. He stated that some abutters were present as well as himself, Jerry Brown, Cult Bellavance, McIntyre, Atty. Burke, representing Martin Ave and Scott Follansbee. Manzi stated he thought the workshop was productive. Atty. John Burke walked over to the podium stating his name and who he was representing. He as well as his client wanted to thank all those that attended the workshop and agreed with Manzi that he also thought that this was a productive workshop. Page 3 of 6 April 12, 2011 Tbivii of North Andover ZONING BOARD OF APPEALS 00RT#1 Albert P. Manzi III, Esq. Chairman %�I. " Associate Members ,..1 7 Ellen P. McIntyre, Vice-Chairman 0 0 Thomas D. Ippolito Richard J. Byers, Esq. Clerk t Michael P. Liporto 0 Richard M Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. 010" Ac, Gerald A. Brown ACHUy Burke stated that on behalf of his client they are requesting to the Board that they withdraw this petition without prejudice. McIntyre made a motion to accept the "Withdraw without Prejudice"request for Lot I and Lot 2 of 0 Martin Avenue. Byers second the motion. Those voting in favor: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0. Manzi moved on to the last item of the continued public hearings, and also adding that a new Variance to the additional Special Permit was added since the last hearing. Special Permit(1) and Variance (1)1-S District. Doug Ahern (JeffCo Inc) for premises at 250 Sutton Street (Map39 Parcel 19). With that being said Scalise walked over to the podium stating he is representing JeffCo Inc. Scalise wanted to bring the Board up to date on what is going on with this petition. Scalise stated that this is in IS Zone,that requires larger lots. But in this area there are many pre-existing non-conforming homes. Scalise presented a map to the board of the surrounding area, showing single homes, multi-families and commercial properties. Scalise talked of the variety and types of structures and types of business that exist in the area. Scalise stated that they were originally just seeking a Special Permit but now they are including a Variance. Scalise stated that the first request (Special Permit) was to raze the existing single home and build a two family dwelling. This new Variance request is for area and frontage. Manzi stated at one time he struggled with this petition because it was a proposed two family going in an IS Zoning District. Scalise talked of how they had to turn to Town Counsel, Tom Urbelis to render an opinion. Urbelis felt Variances were necessary. Scalise stated that is why they have merged a new Variance for the petition, along with the existing Special permit. Scalise stated that the Town eventually needs to re-do some of these lines in the IS Zone. Manzi felt it was a good use of the project for the lot, but was not fond of the height and style and also of the turnaround in the driveway. Manzi also talked of a specific tree on the lot, and that he would like it to be saved, since it added character to this lot. Ahern stated to Manzi that he would also like to save the tree as well, if possible. Page 4 of 6 April 12,2011 Town of orth Andover ZONING BOARD OF APPEALS %AORTFI Albert P. Manzi 111, Esq. Chairman - Associate Members Ellen P. McIntyre, Vice-Chairman 0 — - .1. .' 0 Thomas D. Ippolito * ift* Richard J. i" Michael P. Liporto Byers, Esq. Clerk P- 11 1i ' Richard M. Vaillancourt I" Zoning Enforcement Officer Daniel S. Braese, Esq. Gerald A. Brown U Vaillancourt spoke up, and stated that it seems to be the only way that they could put the house on the lot because of the size house and how it pitches down and away. The Board talked and asked questions to Scalise and Ahern regarding the driveway and the turnarounds. Ahern stated that the driveway and turnarounds will give enough room for 3 cars. Most of the Board was in favor of the turnaround, because of safety issues when pulling out into traffic. The board questioned height restrictions in the area. Scalise stated that the plan meets the setbacks. Manzi mentioned the slope on the land and how the house and the garage will sit on the lot. Ahern stated that they will most likely grade the lot. Liporto asked how both garages will sit on the property. Ahern stated that one will be lower. Ahern stated that everyone seems to like garages these days, and that is why he would like to add them to the project. Manzi stated that sometimes garages get used for other things other then parking cars inside, especially when you have a family and you are storing such things as toys and bikes that take up the room for a car. Manzi asked how many bedrooms, Ahern responded 3 bedrooms. Manzi asked Ahern about the siding used. Ahern answered it would be vinyl. The Board, Scalise and Ahern talked of possibly moving the house back on the lot to save the tree. Scalise stated that they could possibly move the house back 10 feet from the original plan. Manzi suggested making the driveway wider. Vaillancourt mentioned that no neighbors are here to oppose or support the plan. Scalise responded to Vaillancourt's comment and stated that Ahern talked to the neighbors and they seemed fine with the proposed plans. The Board asked of the landscaping, and Ahern stated that they would be adding.shrubs to the lot. Page 5 of 6 April 12, 2011 Town of North Andover ZONING BOARD OF APPEALS %AORTH Albert P. Manzi III, Esq. Chairman 0 .,," Associate Members Ellen P. McIntyre, Vice-Chairman . ..... Thomas D. Ippolito Richard J. Byers, Esq. Clerk 4t Michael P. Liporto Richard M. Vaillancourt Zoning Enforcement Officer Daniel S. Braese, Esq. -rep Gerald A. Brown ACHU Manzi also asked about the proposed lighting and drainage. The board suggested that they continue this petition till May 3rd and wants Ahem to come back and meet certain conditions, before they approve the proposed plan. Liporto was concerned with the grading on the lot and how the stairs and garages would sit on the lot. McIntyre wanted Ahem to show a letter from the owner. Vaillancourt said if the conditions are all met he feels the Board should go forward and not rehash the entire petition again. Manzi agreed with Vaillancourt but wants these conditions met. Conditions; -Keeping the tree on the lot -Landscaping plans. -Grading -Have new plans, showing the new house setbacks, on the property. -Height of house not to exceed 35 feet. -Letter from owner -New Mylar Byers made the motion to continue to the next meeting scheduled for May 3rd with the conditions mentioned. Vaillancourt second the motion. Those voting in favor: Albert Manzi, Ellen McIntyre, Richard Byers, Richard Vaillancourt, and Michael P. Liporto. 5-0. Miscellaneous Correspondence Correspondences in packages were reviewed and discussed by the Board. Byers also talked of the Merrimack Valley Planning Commission and the 2010 Report that was included in the Board's package. Manzi mentioned that Byers is on that Merrimack Valley Planning Commission. Manzi also mentioned the Campion Estate Lottery that will be held on Wednesday, April 13. Adjournment. Byers made a motion to Adjourn at 8:45 Vaillancourt second the motion Those voting in favor to adjourn: Albert Manzi Ellen McIntyre, Richard Byers, Richard Vaillancourt and Michael P. Liporto. 5-0. Page 6 of 6 April 12, 2011