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HomeMy WebLinkAbout1999-01-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The Minutes of the Meeting: Zoning Board of Appeals Senior Center 120R Main Street North Andover, MA 01845 January 12, 199~ .~ The Board of Appeals held a regular meeting on Tuesday evening, January 12, 1999, in the Senior Center at 7:30 p.m. The following members were present: William J. Sullivan, Chairman; Walter F. Soule, Vice Chairman; Raymond Vivenzio; John Pallone; Ellen McIntyre; Robert Ford; Scott Karpinski; and George Earley. Chairman Sullivan explained the procedure of the hearing to the public assembly. The following are some verbatim excerpts of the meeting along with the minutes. CHAIRMAN SULLIVAN: So everybody who is here tonight I would like you all %o come forward quickly and close so that we can hear you with the recorder, and we need you to identify yourself and your address maybe or who you're representing when you're being called upon or when you wish to speak. I'll give you what our procedure normally is. The legal notice is read, the chair will then recognize whoever the agent or the petitioner may be. When we have all the information for those who are favoring the petition we will then read any correspondence we may have, and then we'll listen to anybody who is opposed to the petition. Then there 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 anybody who is opposed to the petition. Then there will be some discussion amongst the board members'and maybe the people who are here in attendance ~onight, but I wish you to follow where you may be. Depending whether you're favorable or opposed to the petition you'll know approximately where to speak up and talk. And I need you to talk loud, and I need you to identify yourself with whatever address you might have. Everybody understand that procedure? The first thing we have on the agenda here would be to approve the minutes for the three meetings that we have here. One is the 11/10, 12/8, and another one is 12/17. Can I have a motion on that. MR. VIVENZIO: So moved. MR. SOULE: Second. CHAIRMAN SULLIVAN: Motion made and seconded to approve the three sets of minutes. All those in favor. Pass. Continued Public Hearinq: DONNA WHIPPLE 37 Columbia Road CHAIRMAN SULLIVAN: We can listen to the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 first one, that is Donna Whipple, that's on here. This is a continued meeting, so we do not have to read the legal notice on a continued hearing. Is there anybody here to represent Donna Whipple? MR. SOULE: Mr. Sullivan, I ask you, who are the five members. CHAIRMAN SULLIVAN: There were six members that heard the evidence, and of that we have five of those here now, and that is Sullivan, Soule, Ford, McIntyre, and Scott Karpinski. MR. SCALISE: Mr. chairman and members of the board, for the record, my name is Dominic Scalise. I'm here on behalf of the petitioner. You will remember this is a matter that started back in August at our first meeting in August, and we've been off and on before the board. I think the only issue, if I'm not mistaken, is the actual final presentation was made at the last meeting where we hit most of the issues, and I think at the last meeting the board directed two questions of issues they had concerns with. One of them was the parking and whether or not the plan that we had presented with a stack type 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of parking two, two, and two, if that was going to be sufficient, and the other issue I believe was whether or not there were other lots in the area that may in the future be subdivided in a similar manner. As far as the other lots'in the area, I think certainly if any of the board members were able to go out and look at those lots, what we did, you will see that most of the lots that we showed on an original assessor's plan have been built on. I can show a. plan, I can show the assessor's plan that's been up there, and we did the updating because the assessor's plans are not updated as you can see from the annex. This is the assessor's plan that I had originally provided to the board, and where you see penciled in on vacant lots are the houses as they exist today. You'll find that most of them, most of them are houses, that either cover -- most of the newer lot houses cover the lots because the setback requirements are located on -- most of them are in the center of the lots. There are a few here and there that are on lots that are larger lots, but for the most part the question I think that was presented last time was whether or not there were other lots in the area that could be subdivided, and I think that by looking at 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this plan there may be one or two vacant lots but the rest of them are -- basically the lots are covered with houses. And I can certainly review that plan, and I hope that answers that issue of whether or not there are other lots that are still vacant. As far as the parking, I talked to Mr. Nicetta. Well, actually, I think I was directed to talk to Mr. Nicetta. We talked about whether or not this type of parking was going to be adequate.' The issue here is that there are three apartments, and every apartment would have two parking spaces, so the parking is basically sufficient for the building. It's just the configuration of having them stacked behind each other, and I think that was addressed by Mr. Nicetta. He would prefer to see parking off the street and individual parking% so what we did do is I had Mr. Curren from Appleton show us a proposal that I'm going to present to the board. This is not a mylar. I didn't go through the expense of a mylar because at this point the Whipple family has been revising plans. I can provide the board with a final plan of this, but I would like to show what the proposal was. This is the existing house, the proposed new 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 one, and the driveway with parking at a 45 degree angle. This parking configuration is doable because there certainly is enough land next to the house, and it would eliminate the garage, the barn that's there now, and the cars'would go down the driveway and park next to the house. And if this is an acceptable plan and the board sees fit to allow this, then we would provide the board with a mylar that would show the actual parking scheme in it. I don't know if there are any other questions. We've been over this a number of times, and I think we've addressed the issues they have been presented to us. CHAIRMAN SULLIVAN: Just a question I have here at the moment. Do we have any further correspondence since our last~meeting on this, Bob? MR. VIVENZIO: We don't have the original file, Bill. CHAIRMAN SULLIVAN: There is nothing I know of. We did dig into this quite a bit, and I went down and visited the area, and it is quite congested, and there are quite a few other lots that have similar size lots, and they have one house on one side. There is a lot of congestion in the area. I looked at the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Chapter 40A to find out about a variance, and I personally do not think this meets the requirement for the variance. And I also do not think that this thing here is in the best intent of that area to have two substandard lots, so that's my position there. I would like you to address that if you can. MR. SCALISE: I know the chairman is concerned with their proposal, and there is no question that it creates smaller sized lots by taking their large lot. The good factor here is that the existing house sits right on the, or a matter of four or five feet from the side, the boundary line, and I think that leaves enough land, a sufficient amount of land to put in a smaller, single-family house. The last meeting we addressed the issue of the runoff, the location of the house, how the house could be refined so there would be no runoff, it would be down the side of the house, run down the lot. And I think that was the concern that the abutters had, that they're suffering from water that runs through this empty, vacant lot into their property. The last time we were here Mr. Curren addressed the issue of runoff, and by situating the house the way we had by redesigning it there would not be any runoff of water 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 that would proceed across the lot. The best way to address this kind of a subdivision I think is to iook at the overall neighborhood. There are a lot of lots 5,000 square feet. My concern is that if we were going from one acre lots to half acre lots then I think there would be a problem, but if you look at the overall neighbor, you will find that most of the lots are in that range of 7,000 to 10,000 square feet, and I think this lot lends itself this kind of subdivision. CHAIRMAN SULLIVAN: We'll go on with the meeting. Is there anybody here who wishes to speak against this petition? There was an open discussion on whether building permits were done properly, and through Chairman Sullivan it was found through research that there was a sufficient amount of building permits that looked like they were done properly. CHAIRMAN SULLIVAN: I'm still very much against creating the subdivision. I guess the substandard lots, you're going to go from 12,500 to 7500 now. zoning is changed over many, many years, and it's done to try and prevent the crowding. It's also done to try to prevent this density from parking. .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 Most of these buildings were built within walking distance of the mills many years ago. There are automobiles there now. I think that this is just a very, very dense area, and I don't think that we as a board have a right to make substandard lots based on all the things that we have that are before us. First of all, there is the growth bylaw that we incorporated two to three years ago at the town meeting which is saying that they~don't want this~ growth growing, and we're going to create substandard lots to allow the growth to grow. I personally am against granting this petition. I'm sorry, Mr. Whipple, but that's my feeling on this particular issue, and the zoning in that area. If anybody else has any comments, please feel free to give them. Mr. Ford asked how many families were in the existing house now, and a discussion ensued on what the intentions and reasons were to create one three-family house plus one single-family home. Chairman Sullivan talked about court cases which referenced that planning boards and the board of appeals need to make findings that the substantial hardships be based upon the soil, shape, and topography of the land. In further discussion from the board Mr. Soule talked about the to incorporate elevation plans and front views would have to incorporated into the decision, and he did not know if the proponent was aware of that requirement. Mr. Scalise felt that the last plan they submitted showed the Addendum date: February 4~ 1999 The following information is the amended minutes to the January 12, 1999 "Minutes of the Meeting". Please reference page 10 of the attached document to see edits made by Walter F. Soule, Vice Chairman of the ZBA. Note: Not one ZBA member was forthcoming with a motion~ therefore, Chairman Sullivan handed the gavel to Vice Chairman Soule aooointing him the acting Chairman so that he could have forward motion on the application for relief. Therefore~ under Robert's Rules the chairman made the motion accordine to proper parliamentary procedure. Mr. Sullivan: I make a motion that we deny this for the reasons that it does not conform with the Chapter 40A of the Massachusetts state laws~ that the variance does not meet the criteria of the four items that is necessary, which is the - it has to do with the soft and the land~ soil~ shape, and topography. I make that as a denial. Acting Chairman: Mr. Soule: I'll second it. Mr. Sullivan: Motion made and seconded that this petition be denied. Any questions on the motion and the second? Ml/Janmt~ 1 2 3 4 5 6 7 8 9 10 11 footprint of the house with a driveway that entered from the front and also showed the style of the house with the driveway. In speaking for himself Mr. Soule said he would not be able to vote on anything speculative. Mr. Karpinski did not agree stating that they are not submitting a set of house plans for our approval. Mr. Nicetta pointed out that the driveway has to be 25 feet, and it did not appear as though it was 25 feet and that there would not be room for a car to turn around in that location. Mr. Curren tried to explain that there was sufficient room until he was interrupted by Chairman Sullivan. Attorney Scalise discussed the intentions of the Whipple family and the hardships they were faced with and the neighbors that were in their favor. Mr. Ford asked whether they were looking for an in-law apartment. Attorney Scalise responded no. Mr. Soule said that they were going to have to address the special permit, and Mr. Karpinski suggested they withdraw the special 12 I permit. 13 I Chairman Sullivan called for a motion. 14 ~ ~~'~ : I make a for reasons that it .at we 17 18 19 20 21 22 23 24 !~'~l~"~he Chapte~- ~0~ of ~assachusetts state laws, that the variance does not meet the criteria of the four items that is necessary, which is the -- it has to do with the soil and the land; soil, shape, and topography. I make that as a denial. C~-~ ~ MR. SOULE: I'll second it. ~~) Motion made and seconded. that this petition be denied. Any questions on the motion and the second? 11 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. SOULE: Yes. I would just like to question briefly the intent of your motion. I think I understand. Did you want to include in that motion also something to do with -- CHAIRMAN~SULLIVAN: I do not want to create any substandard lots in a congested area such as this particular one. MR. SOULE: And do you want also something to do with -- CHAIRMAN SULLIVAN: I think if this is denied -- I don't want to address the parking. It is going to be denied. The reason for that there is that it's already an existing precondition down there that they have to have some parking. I don't want to address that and make a decision that has to be enforced and it forces a harder, a bigger hardship on the people that are living there. MR. SOULE: I should have withdrawn my second. I'll withdraw my second, and I will second his revised motion ifithat's all right with you. CHAIRMAN SULLIVAN: So we understand the motion, it has to do With four variance issues and substandard lots. Any more discussion from the members of the board 6 7 8 9 10 11 12 13 14 15 16 @ 18 2O 22 23 MR. KARPINSKI: So parking isn't the issue. CHAIRMAN SULLIVAN: Parking is not the issue. It's the substandard lots, and also the variance does not meet the criteria that is necessary. There was a discussion on the motion. C~~MR' SOULE: All right. The motion has been made and seconded. We have had b~ard discussion. , Without further adieu I will call for a vote. SULLIVAN: it fails. It is denied. So it's four to one, and Continued Public Hearinq: Eric & Lisa Dahl 65 Weyland Circle (Lot # 6) CHAIRMAN SULLIVAN: The next one we have is that of Eric and Lisa Dahl, and that is a continued, so we don't have to read the legal notice. Attorney James DiGiulio presented to the board the existing nonconforming zoning setback issues with a set of plans. He explained through applying to refinance and a survey that was conducted on their property they found out of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 existing problems. Mr. and Mrs. Dahl purchased the property believing that the property did conform and had every reason to believe so based upon the certification, based upon the fact that there were no issues raised. It was also understood that the builder had also received an as-built plan or a plot plan prior to applying for the certificate of occupancy and that plot plan was also a certification that the permits complied with the zoning. Lisa Dahl explained her issues of having the possibility of being relocated at any time and feeling as if they were being held hostage to the town of North Andover. She suggested sanctioning the builder or placing fines on them,. that the builders were accepting responsibility for this problem. Thomas Hurley from Evergreen spoke of ~he steps they were taking to try to correct the problem of setbacks and trying to purchase property from Mr. Burke to be in conformance and his refusal to sell. reason? CHAIRMAN SULLIVAN: Did he give you any MR. HURLEY: He verbally -- he didn't. He just said that he was unwilling. CHAIRMAN SULLIVAN: Just that he was unwilling? MR. HURLEY: Correct. CHAIRMAN SULLIVAN: That's all you have at the moment? MR. HURLEY: That's all I can tell you. CHAIRMAN SULLIVAN: What does the future look like, Tom? Does this thing look like this litigation is going to get resolved? 14 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. HURLEY: There was no time table that he could put on it. CHAIRMAN SULLIVAN: Would you people be able to buy a piece of land if that litigation went away? MR. HURLEY: That would be Mr. Burke's decision. He didn't speculate one way or the other. CHAIRMAN SULLIVAN: I'm going to make a proposal to the board. First of all, I would like to know if they have any questions.. MR. HURLEY: I'm really not up to speed as to what the issues are. I personally am not aware of all the specifics of what Mr. Burke's reasons are for not making that land available to us. CHAIRMAN SULLIVAN: I have some suggestions, but first of all I need to know if the board members here have any questions or any thoughts along that line. Mr. Soule asked what Tom Hurley's work was related to this development, and he said his official status is the construction supervisor for Evergreen Management. He didn't personally construct Lisa and Eric's home, that there was another supervisor at that time who pulled the permit and he was responsible for that home, and he couldn't speak for him why it was an oversight. Mr. Soule asked how this plan fit with the'building department's as-built plan and the plan of design before it was built and why they did not build what they were suppose to build. That question could not be answered by Mr. Hurley. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CHAIRMAN SULLIVAN: Can I have the floor. again. I would like to make -- I've been through gymnastics on how we may be able to resolve this, and because Mr. Burke is not being very cooperative I would like to have you continue going in that direction? I would like you to, I would like to propose that we grant the variance at the very beginning here which is about three-quarters of a foot, .8 feet I think it is, so it's approximately three-quarters of a foot on the front, and what I would like to do as a condition in the rear, that the builder, which would be the Evergreen Management people, oontinue to pursue, and we'll give you up to a certain period of time, whatever the board decides, six months, nine months, a year to buy the piece of property in the back and resolve it in some manner that way. But I want to see legal documents, registered letters sent to the people, and I want to see more than one, I want to see many, that you are actually pursuing doing something along that line, and we'll condition that, and then you'll have to come back here before the board to show us what you did. Now, if you are successful in getting this 16 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 piece of land this becomes mute and you get what you want or Mrs. Dahl will; and if you don't, then we;ll take it up as a hardship issue a year from now or whatever. But I want to see response back from Mr. Burke, and I want to see you, and I want to see registered letters so that we will know that these things actually happened, not hearsay. Mr. Karpinski stressed that if they were going to put conditions on the property to be sure to put them not on the owners of the home but with the builders. Further discussion ensued on the language of the condition and what Evergreen Management was willing to do to make the lot conforming. CHAIRMAN SULLIVAN: The condition will be a separate item from the variance. You still can handle it as a cloud over the property, but the cloud will be his not hers. MR. SOULE: I don't know if you can do that, but -- MR. VIVENZIO: She's the applicant, Bill. He is not the applicant. CHAIRMAN SULLIVAN: But he is the builder, and he also signed the application. MR. SOULE: But he's gone in the sense that he's got his building permit. In order to bind 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 him now you would have to get a separate agreement from him. CHAIRMAN SULLIVAN: The variance in the front which is the three-quarters of a foot, that there can be made legal. The condition here, they will have to agree to it, and they'll have to do that in writing. MR. VIVENZIO: They'll have to do that by a separate document, but her variance ought to be absolute without anything that he. does. MR. SOULE: It seems to me that what we're doing in that case would be asking to continue the request of the variance on the rear, technically speaking. Further discussion was held on how to hold Evergreen to continue to seek the variance. MR. VIVENZIO: Before the time this decision is filed, and there is 14 days to file it, Mr. Hurley of Evergreen will submit a letter to the board stating what his company is agreeing to do by a separate document addressed to the board and signed by an officer of Evergreen management. That way we have that, and that way we get it before the time we give her decision, and I think that's the only way we 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 can realistically do it. MR. HURLEY: That is something we're going to actively, we're going to actively pursue with Jay Burke to get that property. CHAIRMAN-SULLIVAN: We want a letter within the next week to tell us that you're going to do this, that you're going to cite the property, you're going to cite the lot number, you're going to cite the address, you're going to cite all. the things that 'will tie this right down to here signed by an officer of the corporation, not your yourself. You can countersign it, but I want to see it signed by Mr. Davis or whoever else MR. HURLEY: I'll have Mark Johnson draft something up. Further discussion on how the Zoning Board will be able to hold Evergreen responsible. CHAIRMAN SULLIVAN: Have we kind of resolved this? We need a motion. MR. HURLEY: You'll have the letter by the end of this week. CHAIRMAN SULLIVAN: We'll have it by Friday? MR. HURLEY: Yes. 19 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CHAIRMAN SULLIVAN: Make sure that it's per the wording that we would like to have in the~e. MR. HURLEY: I'll talk to Mark Johnson tomorrow morning, and we'll get that wrapped up. CHAIRMAN~SULLIVAN: Can we have a motion. MR. KARPINSKI: I would like to make a motion to grant the variance for 65 Weyland Circle for a front setback of .8 feet and a rear set back of 8 feet as requested. No conditions. CHAIRMAN SULLIVAN: Do we have a second on that? Do we have some questions on the motion? MR. VIVENZIO: I'll second the motion. CHAIRMAN SULLIVAN: Motion seconded. Do we have any questions on the second? MR. KARPINSKI: No conditions. CHAIRMAN SULLIVAN: 7o conditions per relief that she needs to settle. It also gives relief to her attorney for his money, but it also holds them responsible because the condition is going to put -- there will be no conditions, but there is a part in our decision that they owe us a letter to assume responsibility to correct this. MR. VIVENZIO: It won't be part of our decision. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CHAIRMAN SULLIVAN: But it will be part of the discussion. MR. VIVENZIO: Part of the minutes of the meeting. CHAIRMAN'SULLIVAN: I'm trying to get her off the hook, but I don't want him off the hook. Everybody understands the motion and the second. No further questions. All those in favor. Fou. r to one. It carries. MR. SOULE: It passed. You're all set. CHAIRMAN SULLIVAN: I would like to suggest twelve months you come back before us and tell us, and we'll find some way to rescind what has to be done. MR. HURLEY: I have no problem, and I can cc you guys whatever I send to Jay Burke and give it back to Mary and she can put it in the file. CHAIRMAN SULLIVAN: I want it binded by a registered letter so that we know it and we get a copy and so forth. MR. KARPINSKI: Can I ask when they come in that they bring the final plot plan, too. MR. HURLEY: You've got four of them now. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 Public Hearinq: Vice Chairman Soule is now acting as Chairman. William L. & Glendys A. Phelan 29 Richardson Ave. MR. SOULE: New public hearings. We'll continue along. First we have William and Glendys Phelan. Raymond vivenzio read the legal notice~ William and Glendys Phelan are requesting a variance from the requirements of Section 7, paragraphs 7.1, 7.2, & 7.3 of Table 2, for relief of lot area, street frontage setback and side setback, and for a Special Permit from the requirements of Section 9, paragraph 9.1 & 9.2 to remove an existing sun room and to rebuild and enlarge the size f the proposed sun room which is located on the Southwest side of the existing house, on a pre-existing non-conforming structure. After a brief discussion it was recommended by Mr. Soule that they continue the hearing until next month due to the plan and the application for permit do not agree. There was a discussion off the record between the petitioners and Mr. Nicetta on what they need in order to bring their petition forward to the board. The petitioners are going to come back to the board with a new set of plans. Mr. Vivenzio made a motion to continue the public hear on this matter, until next month. Mr. Ford seconds the motion. Mr. Soule called for a vote to continue the hearing. The motion passed to continue to next month. Public Hearinq: Thomas Laudani of Atlantic Realty Trust for Premises at 740 Turnpike Street Mr. Vivenzio read the legal notice. Atlantic Realty Trust 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 is requestion a variance from the requirements of Section 7, paragraph 7.3 of Table 2, of the Zoning Bylaw for relief of a side setback in order to construct a commercial office building. Attorney Scalise presented.the petition for variance to the Board with a description of the location of the property. and the request for a variance from the side line. The reason for the request of the variance is that the applicant having already submitted preliminary plans to the conservation commission, the conservation commission in reviewing the plans suggested that prior to the notice of intent being filed and final plans being submitted that the building be moved in order to maximize the area to Mosquito Brook. Mr. Scalise presented plans to the Board so they get an idea of what the site looks like. Thomas Laudani pointed out that the wetland line was established which was approved for three years, and that based on a request from the conservation commission they're coming before the zoning board for approximately a 13, 12.8 or 13 foot setback, and that their building basically fits on the site without the variance, but conservation commission requested to pull the building even from Mosquito Brook. Mr. Laudani pointed out that they were ~ before the Zoning Board in an effort to comply with the wishes of the conservation commission. Mr. Scalise will submit a letter from Merrimack Engineering on their calculations and offered that they were in attendance to substantiate that. Mr. Scalise also requested that a letter from Mike Howard dated January 8, also be read into the record. Mr. Soule pointed out that he feels that this is still more of a planning stage and that more information was still needed. Mr. Ford read the memorandum from Mike Howard into the record. Attorney Scalise addressed the TRC issue. Steve Stapinski discussed the issue of obtaining the curb cut along Route 114. Mr. Soule asked question on the parking plan number and what the square footage was. Chairman Sullivan brought up the issue of the drawing not being delivered to board 30 days'before the meeting. Mr. Soule brought up the discussion on the height of the building and said he wanted to know what that would be. Mr. Manicucci offered to do a site walk with the members of the Board at a time convenient to them. 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 Mr. Pallone suggested that the Board furnish the petitioners with a list of things that the Board would'like to have from the petitioners. Mr. Soule cited that he would like a site visit. He would like some substantiation of the contiguous buildable area other than just the calculation. Intent to be shown regarding how high the building is. After further discussion on possibly deeding land back, Mr. Soule called for a motion to continue the public hearing. Mr. Pallone made a motion to continue to the next regular monthly meeting. Motion was seconded by Mr. Ford. Mr. Soule called for a vote. Motion passed to continue the public hearing. Public Hearinq: Mesiti Moore's Falls, LLC for premises: Lots # 1 through 92 Forest View Estates a/k/a 1939 Turnpike Street Mr. Vivenzio read the legal notice. The petitioner is requesting a variance/variati6n from the requirements of Section 4, paragraph 4.2.1, (the phased development bylaw) and Section 8.7, paragraph 8.7.4 (the growth management bylaw) of the Zoning Bylaws and all such other zoning relief so as to allow construction of 23 homes by 6/30/99; 23 homes by 6/30/00; 23 homes by 6/30/01; 22 homes by 6/30/02. Attorney Robert Lavoie presented the case for the petitioner. As explained by Mr. Lavoie the petitioner is seeking from the Board a lifting of the Growth Bylaw and the Phased Development Bylaw in an attempt to build more houses in a given year citing that it had been granted in other developments throughout the town. Mr. Grandstaff who is one of the principals of Mesiti Moore's Falls spoke about the time and effort that went into coordinating a project that fell in the village residential zoning and the fact that they would be adding three and a half miles of sewer line that will do nothing but benefit the 114 corridor. He also spoke of how they were trying to create neighborhoods and that a long, drawn out development phase would be tough on the neighborhood. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Peter Ihingorani spoke in favor of the petition. Chairman Sullivan though not voting on this petition gave input that he had talked to the board of selectmen, and they reminded him of what the reason is for the growth management bylaw which was to allow the town to recover on -services that are necessary, both police, fire, schools, and all the other things that are used, and that he felt that by allowing this to be built in approximately half the time was going to put a tremendous burden on the town for taxes to try and support this for services. He also mentioned that the projects that they are holding were put in long before the growth management bylaw. Mr. Vivenzio also noted that the prior variations of the development bylaw were done pursuant to specific requests, requests of the planning board. Mr. Soule after reiterating the burden a development of this size would place on the town called for a motion. Mr. Vivenzio made a motion to deny the petition. Mr. Pallone seconded the motion. Mr. Nicetta also commented on how a development of this size would tax the infrastructures of the town, the school system, and the water supply. Mr. Soule called for a vote on the motion. The motion passed unanimously. Upon a motion made by Mr. Ford~to adjourn, the meeting adjourned at 11 p.m. Minutes prepared by Jeanne M. Bramanti, RPR APPROVED: