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HomeMy WebLinkAbout02.10.2015 Town of North Andover ZONING BOARD OF APPEALS t40RT#1 Albert P.Manzi III,Esq. Chairman A,,to ,I -0 Associate Member Ellen P.McIntyre, Vice-Chairman Michael P. Liporto Richard J Byers, Esq. Clerk Deney Morganthal D.Paul Koch Jr.Esq. Doug Ludgin Zoning Enforcement Officer Allan Cuscia C U Gerald A. Brown DRAFT MINUTES Tuesday,February 10, 2015 at 7:30 PM Town Hall 120 Main Street,North Andover,Massachusetts Members present: Albert P. Manzi,Ellen McIntyre,Rick Byers, Allan Cuscia and D. Paul Koch Jr Associate Member: Doug Ludgin Excused absence: Deney Morganthal and Michael Liporto Pledge of Allegiance Manzi called the regular meeting to order at 7:35 Acceptance of Minutes January 13,2015 Cuscia made the motion to approve the Minutes Koch second the motion. Those voting in favor to approve the minutes were Manzi,McIntyre, Koch, Cuscia, and Ludgin 5-0 Byers abstained from the vote since he did not attend the January 13t"meeting. Committee Reports Merrimack Valley Planning Commission and the Housing Partnership Committee Manzi stated that they did have communication from Mr. Koehler, regarding the Housing Partnership Committee, and that they plan on meeting sometime in the future. Byers asked the ZBA's Assistant if she had received any e-mail correspondence on training from the MVPC. Since no information was sent to the Board of Appeal's Office, Byers stated that he will follow up on that. Other than that, Byers stated he had nothing new to report,regarding the MVPC. Manzi stated that he will go slightly out of order Continued Public Hearin Special Permit and Variance 1-2, Great Circle Central LLC., 85 Terminal Road (Map 000.11 Parcel 0001) Petitions 2014-008A and 2014-008B Manzi stated that he received a 'communication today, February I oth from the applicant's attorney, Miranda Gooding regarding 85 Terminal Road. In the memo Gooding stated that the client is exploring other sites and/or redesigns of the hangar at 85 Terminal Road and that they are requesting to the Board permission to withdraw the pending application without prejudice. Manzi stated that those representing the applicant elected not to come tonight. Page I of 3 February 10, 2015 Town of North Andover ZONING BOARD OF APPEALS t%ORT H Albert P. Manzi III,Esq. Chairman - Associate Member Ellen P.McIntyre, Vice-Chairman 0 0 0 Michael P. Liporto Richard J Byers,Esq. Clerk Deney Morganthal :A D. Paul Ifoch Jr. Esq. Doug L udgin Allan Cuscia Zoning Enforcement Officer S C US Gerald A. Brown Koch made a motion to withdraw without prejudice, for 85 Terminal Road (airplane hangar) for a Special Permit and a Variance. Cuscia second the motion All those in favor to withdraw without prejudice; McIntyre, Byers, Koch and Cuscia Not voting in favor; Manzi 4-1 Manzi declared that this petition is withdrawn without prejudice. Manzi stated that they can re-apply at a future date. Miscellaneous Correspondence A letter from Community Housing Inc. (CHI), was sent to the Board and signed from Avi Glaser dated January 12, 2015. Manzi stated that he is recusing himself from the next discussion, since it is the same 40B that he had recused himself from originally (Riding Academy Preserve at 16 Berry Street). With that being said he turned over the gavel to McIntyre. Ludgin recused himself, but chose to stay and listen to the discussion. Discussion Comprehensive Permit for Riding Academy Preserve at 16 Berry Street-Choices for Regulatory Agreement,MassHousing Request McIntyre stated that MassHousing in the process of reviewing the application for final approval for Berry Farms (aka Riding Academy). A letter that was dated December 19t"from Katherine Lacy of MassHousing was requesting that the Board review the choices and conditions in the application. McIntyre went on to say that MassHousing came across a conflict in the decision for Condition#7, regarding first priority for North Andover Citizens. McIntyre stated that basically we allow first priority to the North Andover Residence. McIntyre stated that if we sign the acknowledgement and if there is a conflict then MassHousing decides what to do with Condition#7. McIntyre also stated that she consulted with,Edith Netter, the attorney who worked as an advisor and was hired by the Town for this Comprehensive Permit on Berry Street. McIntyre stated if the Board does not sign it, it will include a"conflict"provision (39) listed below(e-mail sent from Atty. Netter, Choices of Regulatory Agreement dated January 7, 2015): Page 2 of 3 February 10, 2015 Totivn of North Andover ZONING BOARD OF APPEALS NORTH Albert P.Manzi III,Esq. Chairman 8� Associate Member Ellen P.McIntyre, Vice-Chairman o Michael P. Liporto Richard J. Byers,Esq. Clerk * * Deney Morganthal D. Paul Koch Jr. Esq. * ^� ; ,�"" Doug Ludgin Allan Cuscia �9 "^*•m ""��� Zoning Enforcement Officer �`A Gerald A. Brown "In the event any conflict or inconsistency (including ivithout limitation more restrictive terms) between the terms of the Comprehensive Permit, any other document related to the Development and the terms of this Agreement, the terms of this Agreement shall control. " After a lengthy discussion amongst the Board Members on deciphering MassHousing's correspondence, the Board decided as a group,not to sign the acknowledgement that was in front of them. Adjournment: 8:03 Cuscia made a motion to adjourn the meeting. Byers second the motion All were in favor to adjourn the meeting: McIntyre,Byers, Koch, Cuscia, and Ludgin 5-0 all in favor Page 3 of 3 February 10, 2015