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HomeMy WebLinkAbout12.09.2014 Town of North Andover 3 ZONING BOARD OF APPEALS %AORTil 14 9 t o ye 0 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.Paid Koch Jr.Esq. Doug Ludgin Allan Cuscia Zoning Enforcement Officer CHU Gerald A. Brown DRAFT MINUTES Tuesday,December 9, 2014 at 7:30 PM Town Hall 120 Main Street,North Andover,Massachusetts Members present: Albert P. Manzi, Ellen McIntyre,Rick Byers, and Allan Cuscia and D. Paul Koch Jr Associate Member: Michael Liporto, and Deney Morganthal Excused absence: Doug Ludgin Pledge of Allegiance Manzi called the regular meeting to order at 7:37 Acceptance of Minutes October 14, 2014 Cuscia made the motion to approve the Minutes Byers second the motion. Those voting in favor to approve the minutes were Manzi, McIntyre, Byers, and Cuscia 4-0 Committee Reports Merrimack Valley Planninj4 Commission and Committee HousinIz Partnership McIntyre stated that they have not met and that she has nothing new to report. Byers stated that he had nothing new to report regarding the MVPC, but stated that they will have a Citizen Training Seminar again, since the past one was so successful. Byers stated that he will let everyone know when that comes up. Manzi stated for the record he wanted to mention that our Community Development Director, Curt Bellavance has moved on, and has taken on a new position in Tyngsboro and he wanted to wish Mr. Bellavance well. Manzi stated that he plans on going a little out of order tonight, and he will start with the New Public Hearing. Manzi stated that Atty. Brian Vauglui who is representing the applicants is here tonight. Manzi wanted the Board to know that Vaughn has sent a letter and signed a form asking the Board for a continuance. Manzi stated that we will now open up the New Public Hearing. With that being said Rick Byers opened up the New Public Hearing for 562 Boxford Street. Page I of 6 December 9, 2014 Toim of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq. Chairman Associate Member Ellen A McIntyre, Vice-Chairman Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esq. q -� , Doug Ludgin �" °�TEa�. . Zoning nforcement Officer Allan Cuscia �'���►crnU��� g Gerald A. Brown New Public Hearin Variance, Zoning District R-1, 562 Boxford Street(Map 105.0 Parcel 3 and 0022), Charlotte L. Hopping, and Joyce Bradshaw for a lot line adjustment. Petition 2014-009 (Variance) Manzi stated that we will not hear any evidence tonight in regards to this hearing. Vaughn, walked up to the podium and stated that he is representing his clients, Vaughn spoke of a letter that he received from the Conservation Administrator, Vaughn stated that because of what was written in the letter that his clients may need to reconfigure the lots, and since the engineer for this project is out of the country, it only makes sense to delay the hearing till January. A letter from Atty. Vaughn to continue this hearing was presented to the Board; along with a time stamped waive form. The request to continue is for January 13, 2015. Byers made a motion to continue the public hearing for 562 Boxford Street for 13 January 2015 Koch second the motion All those in favor to continue the public hearing for January 13, 2015 were, Manzi, McIntyre, Byers, Cuscia, and Koch 5-0 Manzi stated we will move to the Continued Hearing. Manzi stated that 4 out of 5 Board Members are here tonight, that were also in attendance at the October 10'meeting. The three Board members that were not in attendance in October have all read the minutes and have signed a form to certify them to vote, if their vote is needed. Manzi stated that Koch is a regular member of the Board and Liporto and Morganthal are Associate Members. Continued Public Hearin A Special Permit and Variance is needed, Zoning District I-2 , for Great Circle Central LLC., 85 Terminal Road (Map 000.13 Parcel 0001) Petition 2014-008A (Special Permit) and 2014-008B(Variance). Atty. Miranda Gooding walked up to the podium and stated that she is representing her client. Gooding recapped the Board on what her client was requesting. Her client would like to construct a new private airplane hangar at the Lawrence Airport and proposes to ground lease approximately 48,800 square feet of unimproved land from the Lawrence Municipal Airport. The hangar will house up to 4 planes, and will be 2 stories that will also include office space. The hangar will be a little over 17,000 square feet. Page 2 of 6 December 9, 2014 Town of North Andover ZONING BOARD OFAPPEALS ORxu Albert P.Manzi III,Esq. Chairman ��<����gym,�� Associate Member Ellen P. McIntyre, Vice-Chairman 0 4 Michael P. Liporto Richard J. Byers,Esq. Clerk Deney Morganthal D. Paul Koch Jr. Esg. Doug Ludgin Allan Cuscia - W ��`' Zoning Enforcement Officer Ger(dd A.Brofun Gooding stated a Special Permit is needed from the Zoning Board of Appeals under Section 9, Paragraph 9.1 of the Zoning Bylaw for a non-conforming use (airport) in the Industrial-2 Zoning District. Petitioner is also requesting Dimensional Variances that is also required from the Zoning Board of Appeals under Section 7, Paragraph 7.3 & Table 2 of the Zoning Bylaw for all setbacks from lease lines in order to construct a new airplane hangar. Also the lot area is insufficient. Gooding spoke of each of the Variances that would be needed. Gooding stated that tonight Kyle Bernard, Project Manager for the project and Chris Rokus, from Meridian Engineering are here to provide additional information and answer any questions from the Board. Gooding talked of the 4 planes that will be housed in the hangar, plus office space that will most likely be used for hospitality space (Gooding also called it lay over space). Gooding spoke of the 10 parking spaces that have been noted on the plan. The additional 8 parking spaces that are needed will be accommodated by using the shared or existing parking area provided at the airport and serves the airport as a whole. Gooding stated at the last meeting some of the Board Members had concerns with the need for an additional 8 parking spaces. Gooding mentioned that as a tenant they can use the additional parking provided at the airport (since it is common ownership). Manzi wanted to see something in writing from the airport regarding the 8 needed parking spots. Bernard stated that they do not have a letter from the airport manager, only dialog from the airport manager. Manzi asked if the plan has changed, since the last meeting, Manzi explained to Gooding if the plans had changed so would the requirements and need for the 18 parking spaces. Gooding said no, the plans have remained the same. Manzi asked Gooding on variances that they are requesting. Gooding responded lot frontage, lot area and 4 setbacks. McIntyre spoke of her concerns with the parking and questioned why they did not apply for a parking variance. McIntyre stated that this proposed hangar will be one of the biggest hangars at the airport. Gooding stated that she felt that this is a good project that has been through extensive peer review. Page 3 of 6 December 9, 2014 Town of North Andover ZONING BOARD OF APPEALS *tORTtj Albert P.Manzi III, Esq. Chairman ° "� � .`•a � Associate Member Ellen P.McIntyre, Vice-Chairman a Michael P.Liporto Richard J. Byers,Esq. Clerk # _ Deney Murganthal D. Paul Koch Jr. Esq. , Doug Ludgin Allan CnSCia Zoning Enforcement Officer Gerald A. Brown Parking was discussed in detail with the Board. Some of the Board Members felt that a variance would be needed for the additional 8 parking spaces. Rokus walked up to the podium and using the plans in front of him pointed out the leased area, the taxi way, and the cut that comes around at the parking lot. Rokus also explained how planes would taxi in and out of the hangar and into the runway. He also pointed out where the structure would be located on the leased area. Koch questioned if they could lease a larger lot. Koch felt that may solve some of the problems. Bernard stated that his client would not want to be leasing unnecessary space. Bernard stated that the airport plans on doing some future construction. Bernard stated the importance of the exact location of where the hangar would be situated, since the control tower needs to see over the hangar. Height was also a factor. Manzi asked if their client picked this space on their own or does the airport select the spot. Bernard stated his client selected this spot from a number of available spaces; this particular leased area is the one that fit the applicant's criteria and needs. Byers stated that the lease lines are created by the airport, based on the size of the building/hangar. Byers did not see a problem with the parking and felt that there are plenty of parking spaces. Byers went on to read a letter of support regarding the parking spaces from the Town Planner, Mathew Egge. Byers stated at the last meeting the Building Inspector did not object to the amount of parking spaces that were on the plan. Bernard stated that the design and size is what is driving the 18 parking spaces needed, Bernard went on to suggest that if the office space is eliminated, possibly less parking spaces will be needed. Manzi asked if they will have any separation with the hangar. Bernard responded that there will be green space, a fence that will also include a gate. Bernard also stated that no cars will be able to drive on to the taxi way since there will be a fence. Large service equipment and emergency vehicles will be able to get into the structure. The control tower area has their own fence, and that they must maintain their own distance. Manzi asked of the mature trees on the leased area and the surrounding area, Bernard pointed out the trees and green spaces and also pointed out where the driveway would be located on the plan. Page 4 of 6 December 9, 2014 Town of North Andover ZONING BOARD OF APPEALS 0ORT11 Albert P.Manzi III, Esq. Chairman ° c, Associate Member Ellen P.McIntyre, Vice-Chairman a �~� Michael P. Liporto Richard J. Byers,Esq. Clerk * Deney Morganthal D. Paul Koch Jr. Esq. "°� ,a Doug Ludgin Allan Cuscia Zoning Enforcement Officer " '" Gerald A.Brown McIntyre asked if they have the FAA application/letter that was requested of them at the last meeting. Bernard responded that it is in progress and they are still waiting for the application/letter from the FAA. McIntyre had concerns with the use of this hangar and asked if the permit goes with the lease. Bernard stated that maybe the Board can condition the use of it, if something were to change in the future. Koch also asked of the use, and if this was going to be used for charter flight use. Bernard responded no, it would be for his client's private use only, and this will not be for commercial use. Koch also expressed his concerns with the future if the lease changed hands. Gooding, Bernard and Rokus spoke at various times during the hearing regarding the special permit, variances, hardships, grading issues, uniqueness of the property, parking, interpretation of the bylaws, use, along with the grading issues, topography and also minimizing the cut and fill of this leased land. Gooding thought they have proved the Dimensional Variances and also the Special Permit. Byers asked if they could park cars inside the hangar,Bernard stated yes, that they can park inside. Gooding thought that they could come back to the Board with a request for a parking variance. Gooding asked if the Board was satisfied they could grant the other Variances and the Special Permit, and then they would come back-with a request for parking relief(variance). Manzi stated that he is not inclined to approve anything that would be left undone. They could consider coming up with a new plan and go for a continuance. But it would be up to them, if they wanted to go forward with the vote, or come back with a new plan in January. Koch was not against the parking issue. Koch stated that he just wanted them to demonstrate the 8 spaces that the airport would provide. Manzi stated he is speaking for himself and not the rest of the Board, but for him, there are too many unknowns. Gooding stated based on what she has heard from the Board members that it would seem wise for her to request a continuance. Bernard stated that personally he would like to have more green space and possibly come up with a new plan, if he could persuade his client on a new design and minimize the space thus reducing the need for as many parking spots. Page 5 of 6 December 9, 2014 Town of North Andover ZONING BOARD OF APPEALS "ORTki Albert P.Manzi III,Esq. Chairman Associate Member 4 Ellen P.McIntyre, Vice-Chairman 0 Michael P. Liporto Richard J. Byers,Esq. Clerk * Deney Morganthal D. Paul Koch Jr. Esq. �Na ��" V Doug Ludgin Allan Cuscia ' �TM*•�^�"�'�`' Zoning Enforcement Officer Gerald A. Brown Byers stated if he reduced the unit size or eliminate or minimize the office space you possibly would not need as much parking. Gooding agreed for a continuance. Manzi asked that someone sign the continuation form. Byers made a motion to continue the hearing until January 13t" 2015 Cuscia second the motion to continue All in favor to continue the hearing till January 1.3th were Albert P. Manzi III, Ellen McIntyre, Richard J. Byers, Allan Cuscia, and Paul Koch 5-0 all were in favor to continue. Miscellaneous Correspondence submitted to the Board A letter from CHAPA on October 8, 2014 sent by the Program Manager; Elizabeth Palma-Diaz, along with a"Right of First Refusal" letter, dated October 22, 2014 signed by the previous Community Development Director, Curt Bellavance. Adjournment: 8:47 McIntyre made a motion to adj ourn the meeting. Koch second the motion All were in favor to adjourn the meeting: Manzi, McIntyre, Byers, Koch, Cuscia, Liporto, and Morganthal Page 6 of 6 December 9, 2014