HomeMy WebLinkAbout02.26.2013 Town of North Andover X
ZONING BOARD OF APPEALS
OORTH
Albert P.Manzi III,Esq. Chairman Associate Member
Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto
Richard J.Byers,Esq. Clerk Deney Morganthal
D.Paul Koch Jr. Esq. Doug Ludgin
Allan Cuscia ^044T 0 Zoning Enforcement Officer
AC"u Gerald A.Brown
DRAFT MINUTES
Tuesday, February 26, 2013 at 7:30 PM
Town Hall 120 Main Street, North Andover, Massachusetts
Members present: Ellen McIntyre, Richard Byers, D. Paul Koch Jr., Esq., and Allan Cuscia
Associate Member: Michael Liporto,Doug Ludgin
Excused absence Deney Morganthal
McIntyre called this special meeting to order at 7:30
Pledge of Allegiance
Acceptance of Minutes for January 24,2013
Byers made the motion to approve the Minutes
Cuscia Second the motion.
Those voting in favor to approve the minutes were McIntyre, Byers,Koch, Cuscia and Liporto.
5-0.
McIntyre stated that Doug Ludgin did not attend the January 24th meeting, and because of this he read
the minutes of the missed meeting, and then signed a form to confirm that he read the minutes to the
meeting he missed.
Continued Public Hearings
North Andover Holdings, LLC 16 Berry Street/Riding Academy Preserve,North Andover, MA
(Map 106.1),Parcel 0032).
M.G.L. Chapter 40B, Section 21 for a Comprehensive Permit
McIntyre stated that this is the only hearing that we will be heard tonight, 16 Berry Street.
Mcintyre wanted to get everyone tip to speed on what was going on with this project. McIntyre stated
that on Tuesday, February 19"', The Commonwealth of Massachusetts had granted the town $10,000.00
for an advisor for this 40B project. The Commonwealth allowed us to pick from a list of advisors, Edith
Netter was the one chosen, because of her past experiences that were similar to our needs, as well as the
Demographics of other towns she had worked with were also similar to North Andover.
Mcintyre talked of a conference call that she and Curt Bellavance,the Director of Community
Development had with Edith Netter. Netter told them of the Comprehensive Permit Rules and
Page 1 of 3 February 26, 2013
Town of North Andover
ZONING BOARD OF APPEALS
tt0RT#1
Albert P. Manzi III,Esq. Chairman 4 "d°a��'a Associate Member
-
Ellen P.McIntyre, Vice-Chairman o Michael P. Liporto
Richard J.Byers,Esq. Clerk Deney Morganthal
D. Pau]Koch Jr.Esq. "prop Doug Ludgin
Allan Cuscia Zoning Enforcement Officer
pc"use Gerald A. Brown
Regulations (Chapter 40B) Bylaws under requirements of MGL Chapter 30B, and how they are required
to have 3 other bids (quotations) for peer reviewers.
McIntyre talked of Netter, and that Netter told them they need to have a RFP (Request for Proposal)
according to the 40B Rules and Regulations.
McIntyre went on to say their will be 4 aspects that will be discussed at future meetings.
1. Conservation(stormwater)
2. Sewerage and water
3. Civil Engineer(traffic)
4. Design
Three proposals have to be advertised and will be going out to bid tomorrow.
Mcintyre stated that the board needs to have their peer reviewers/consultants hired before going any
further with this project
Byers asked about Edith Netter's background and the process of selecting Netter. McIntyre responded
that she is a lawyer and will be strictly acting as an advisor and not in a legal position.Netter will also be
attending our next meeting regarding this 40B. McIntyre also stated that herself as well as Bellavance
and Town Counsel went through various resumes before choosing Netter.
Cuscia, asked what towns Netter had represented, McIntyre responded back that she does have her
resume and that the Zoning Assistant can send the Board a copy. Again Mcintyre responded that Netter's
background and experience met our needs for North Andover. McIntyre stated that she also has a very
extensive resume and background and she has also worked with us in the past.
McIntyre stated that she wanted the Board to give her the authority to be the one to sign for the peer
reviewers/consultants, once they were chosen. But McIntyre wanted the Board to be aware that this will
be a mutual decision of the Board and that they will be included in the decision process of the peer
reviewers/consultant(once all bids come in).
Liporto stated that it will help expedite the process and McIntyre agreed.
Byers made a motion for Mcintyre to be authorized to sign for the peer reviewer (to expedite the process)
Cuscia second the motion
All in favor for McIntyre to sign for a peer reviewer were; Byers, Koch, Cuscia, Liporto and Ludgin.
5-0.
Page 2 of 3 February 26, 2013
To H of North Andover
ZONING BOARD OF APPEALS
IS
%AORTH
Albert A Manzi III,Esq. Chairman Associate Member
Ellen A McIntyre, Vice-Chairman 0
Michael A Liporto
Richard J Byers,Esq. Clerk
DeneyMorganthal
D.Paul Koch Jr.Esq. Doug Ludgin
Allan Cuscia Zoning Enforcement Officer
S CHU Gerald A.Brown
Atty. Paul Haverty, representing the applicant walked tip to the podium and had concerns with the peer
reviewer for Stormwater and asked if they could work with Conservation and acquire the same peer
reviewer as the Zoning Board. McIntyre understood his concerns but stated she will try and do the best
she could, without making any promises.
McIntyre mentioned to the board as well as the applicant that if any of the peer reviewers/consultants
talk to one another,the Board wants to be involved and aware of any of these conversations (even if they
are cc'd on an e-mail).
McIntyre also stated if anyone wants a copy of the 40B Rules and Regulations they are public Record
and are available at the office of the Board of Appeals.
McIntyre also stated that the next meeting for 16 Berry Street(40B)will be Thursday, April 4th at the
Senior Center. McIntyre stated that the discussion for that meeting will be Site Design and Traffic. She
also stated that since the meeting will be held at the Senior Center we will be on a delayed recording and
will not be live.
McIntyre also wanted everyone to know that because of the Union Laws they cannot hold any of the
meetings past I 1:00pm.
Mcintyre stated that she along with others put in many long hours into this project, and that others may
not be aware of all the background work involved that goes into a project such as this.
Adjournment: 7:50
Byers made a motion to adj ourn the meeting
Cuscia second the motion to Adjourn
All were in favor to adjourn the meeting McIntyre, Byers, Koch, Cuscia and Liporto.
5-0
Page 3 of 3 February 26, 2013